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Thread: Exception to Open Carry laws

  1. #1
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    I know that Fla Statute prohibits the open carry of a Firearm in public. However the statute reads:

    LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
    I am currently in the US Navy reserves, and as defined by the DOD & DON am "Subject to recall" to Active Duty. While I am sure this is not the intention of the statute, legally I think I could get out of it.

  2. #2
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    I think it is the intention or else it wouldn't have been written in. They don't write in an exception, unless they mean to. There is no "getting out of it", it simply doesn't apply if those standards are met.

  3. #3
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    I understand that 790.053 says:

    790.053 Open carrying of weapons.
    --

    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

    (2) A person may openly carry, for purposes of lawful self-defense:

    (a) A self-defense chemical spray.

    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s.
    775.082 or s. 775.083.

    But 790.001 says:

    (1)"Antique firearm" means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

    (6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

    Since an "antique" isn't a firearm ...... Well, you see where I'm going. I suppose this has been brought up before.

    Thoughts?

  4. #4
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    Japle wrote:
    I understand that 790.053 says:

    790.053 Open carrying of weapons.
    --

    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

    (2) A person may openly carry, for purposes of lawful self-defense:

    (a) A self-defense chemical spray.

    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s.
    775.082 or s. 775.083.

    But 790.001 says:

    (1)"Antique firearm" means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

    (6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

    Since an "antique" isn't a firearm ...... Well, you see where I'm going. I suppose this has been brought up before.

    Thoughts?
    Hi Japle!

    Actually I have been kicking this around quite a bit in my mind. I would not openly carry an antique firearm until I had spoken to an attorney and had him on retainer because I know it would come to an almost immediate challenge. And quite frankly you best have deep pockets for that battle. But.. that being said... My personal take on it is that the term "antique firearm" includes modern reproductions as well, as long as the original model it is a replica of was originally created before 1918. What I have thought about is organizing an event where everyone carried a functional modern replica of some antiques such as a single action Navy revolver or something along those lines. Would be interesting and as I read the statutes, should be perfectly legal.

    That being said, I am not now nor have I ever been an attorney or legal professional nor a law enforcement agent. LOL.

    Rebel
    American by Birth, Southern by choice.

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