Page 1 of 2 12 LastLast
Results 1 to 25 of 36

Thread: open carry on on my property in the state of fl.

  1. #1
    Regular Member
    Join Date
    Mar 2010
    Location
    , ,
    Posts
    6

    Post imported post

    i want to know if i can carry my hand gun openly outside on my property and not on public property.

  2. #2
    Regular Member
    Join Date
    Apr 2009
    Location
    Orlando, FL, ,
    Posts
    412

    Post imported post

    cooter1955 wrote:
    i want to know if i can carry my hand gun openly outside on my property and not on public property.

    On your personal property? Yes. Off your property? Nope, with very few and restricted exceptons, such as camping, fishing and hunting.

    Just bear in mind that Florida isn't considered to be an open carry friendly state. Most the sheep living around your home have probably never seen a civillian openly armed. Be prepared for the possible backlash, legal or not, right or wrong.



  3. #3
    Regular Member
    Join Date
    Mar 2010
    Location
    , ,
    Posts
    6

    Post imported post

    thanks jeepseller for your reply and you are right about the sheep.they wil more than likely have some thing to say . thanks again and have a great day and stay safe.

  4. #4
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    I openly cary on my property all the time. I live in Daytona Beach, in the city. My neighbors don't care, no one comments, and as long as I stay ON my property, then I'm good.

    You cannot allow someone else to openly carry on your property though unless they are working for you.



    Read the statutes, they are really clear.

  5. #5
    Regular Member
    Join Date
    Nov 2008
    Location
    , Florida, USA
    Posts
    54

    Post imported post

    GIdeon_70 wrote:
    You cannot allow someone else to openly carry on your property though unless they are working for you.

    Read the statutes, they are really clear.
    By open carry, we mean holstered weapon. Otherwise it could be construed as brandishing.

    Why do you get the impression other people can't open carry on your property. It is, after all, private property, and the laws apply to public property e.g. a 9-year old could legally drive an unlicensed car on private proprty.

    Just asking.

  6. #6
    Regular Member
    Join Date
    Mar 2010
    Location
    , ,
    Posts
    6

    Post imported post

    gideon 70thanks for your reply it was very helpful and i did read the statutes i must have missed some thing stay safe.

  7. #7
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    marrandy wrote:
    GIdeon_70 wrote:
    You cannot allow someone else to openly carry on your property though unless they are working for you.

    Read the statutes, they are really clear.
    By open carry, we mean holstered weapon. Otherwise it could be construed as brandishing.

    Why do you get the impression other people can't open carry on your property. It is, after all, private property, and the laws apply to public property e.g. a 9-year old could legally drive an unlicensed car on private proprty.

    Just asking.
    First:
    Otherwise it could be construed as brandishing.
    No such thing in Florida.

    Second:
    Why do you get the impression other people can't open carry on your property. It is, after all, private property, and the laws apply to public property e.g. a 9-year old could legally drive an unlicensed car on private proprty.

    Maybe because it's illegal? Open carry is unlawful in Florida. That means everyone, everywhere, not just "Public property" Now there are some exceptions to this, like carrying at your home or place of business. There is no exception for someone to carry openly on property nottheir home or wherethey work. Even with permission of the person that owns that property.*

    Technically, you cannot even openly carry on property you own that is not your home.*







    * Unless that is covered by one of the other exception in 790.25(3)



  8. #8
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    9

    Post imported post

    Just out of curiosity, and this might help someone who reads the forums. In the state of Florida right now you can rent a house for almost as cheap as an apartment (in certain counties) so the question is this: If you are renting a house can you open carry because it is your home, or can you not open carry because it is not your property?

  9. #9
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    Wanshig wrote:
    Just out of curiosity, and this might help someone who reads the forums. In the state of Florida right now you can rent a house for almost as cheap as an apartment (in certain counties) so the question is this: If you are renting a house can you open carry because it is your home, or can you not open carry because it is not your property?
    You're renting, so it's your home (just like an apartment - inside only, not in common areas; hotel room; etc.)

    What I was referring to about not carrying on property not your home, was about carrying on property you own but do not live at. Like rental property you may own, or some property in the woods (when not hunting/camping/fishing).

  10. #10
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    6

    Post imported post

    So, then, what you are saying is that if I were to openly carry a weapon on my private gun range on my private property, then, I am in violation of the "law"?

    Really, now? I have never tried firing, loading, cleaning, or using my weapon when it was concealed. I guess one could, but, it would seem kind of cumbersome, at best.....

    Since 1845 here in the State of Florida (that is when it became a state, by the way), most of the decent, law abiding (when we can recall all of the laws and decipher them from the lawyer jargon) citizens have exercised good judgment and common sense in the use of firearms.

    That is not to say that a few malcontents and deranged individuals failed to do so. Some of those are still locked away for safe keeping, though.

    Even before Florida became a state, individuals owned and responsibly used firearms here for hunting, sport shooting, and defense of persons and property. There has been quite a legal precedent set for common sense ownership and use of guns here.

    Open carry was a way of life, common as a drink of water, until lately, when the PC crowd has decided to grace their presence upon us. Open carry by responsible citizens should be the norm, not the exception.



  11. #11
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    wnettles wrote:
    So, then, what you are saying is that if I were to openly carry a weapon on my private gun range on my private property, then, I am in violation of the "law"?

    Really, now? I have never tried firing, loading, cleaning, or using my weapon when it was concealed. I guess one could, but, it would seem kind of cumbersome, at best.....

    Since 1845 here in the State of Florida (that is when it became a state, by the way), most of the decent, law abiding (when we can recall all of the laws and decipher them from the lawyer jargon) citizens have exercised good judgment and common sense in the use of firearms.

    That is not to say that a few malcontents and deranged individuals failed to do so. Some of those are still locked away for safe keeping, though.

    Even before Florida became a state, individuals owned and responsibly used firearms here for hunting, sport shooting, and defense of persons and property. There has been quite a legal precedent set for common sense ownership and use of guns here.

    Open carry was a way of life, common as a drink of water, until lately, when the PC crowd has decided to grace their presence upon us. Open carry by responsible citizens should be the norm, not the exception.

    So, then, what you are saying is that if I were to openly carry a weapon on my private gun range on my private property, then, I am in violation of the "law"?
    Not necessarily:
    790.25(3)LAWFUL USES.--The provisions of ss.790.053 [General prohibition on Open Carry]and790.06 [License required to conceal carry] 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:

    . . .

    j)A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    . . .
    Now if you are just walking around property you own in the woods somewhere (Not camping, fishing, hunting,involved in target practice, or other locations/circumstances listed in 790.053(3))then yes you would be in violation of the law.

  12. #12
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    6

    Post imported post

    Sounds like it is time to throw the bums out of office, repeal the nonsense laws, and get back to a Constitutional form of government here in Florida, of, by, and for, the people.

    I really liked Florida before all of the whiners showed up. It was a much nicer place to live.

  13. #13
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338

    Post imported post

    Also don't step onto the sidewalk when the leo asks you to 'come here a minute'
    Doesn't matter he asked you to break the law, YOU BROKE IT!
    "One moment officer, I need to go inside and get my fishing pole"

  14. #14
    Campaign Veteran StogieC's Avatar
    Join Date
    Nov 2009
    Location
    Florida
    Posts
    746

    Post imported post

    In criminal law, entrapment is when a law enforcement agent induces a person to commit an offense which the person would otherwise have been unlikely to commit. In many jurisdictions, entrapment is a possible defense against criminal liability.
    But have fun proving it without being on tape.

  15. #15
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    6

    Post imported post

    Guess I will just have to "fish" out my tackle box from the back of my pickup truck, or, retrieve some hunting gear from the cab, just to let the officer know that I am enroute to one of my favorite passtimes......

  16. #16
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338

    Post imported post

    StogieC wrote:
    In criminal law, entrapment is when a law enforcement agent induces a person to commit an offense which the person would otherwise have been unlikely to commit. In many jurisdictions, entrapment is a possible defense against criminal liability.
    But have fun proving it without being on tape.
    Nod and wink exceptions to entrapment.....
    Sex, Drugs, and GUNS!!!
    Even on tape you are going up the river when any one of them is involved.

    The few judges left who uphold the law are a real minority, or we wouldn't have
    5/4's rulings as the norm. I will not be entrapped so I don't need to hope I draw
    the one good judge left in the country. I also will not sit quietly in a jail cell on
    planted evidence.
    The only entrapment they can pull on me is to give me a fake class III license,
    as I have never seen one I have nothing to compare it to. But I will have my
    canceled check that they took the money and will pursue fraud charges.
    Since there are several agencies involved it would also be a RICO case against them.
    The silver lining is felons don't have to pay for tax stamps, and my identity would
    incriminate me when I OC, so I win either way.

    19 days till the Short Barrel Shotgun Fairy comes!! :celebrate
    Do I put the shell under my pillow, or under a picture of gov Riley?



  17. #17
    Regular Member
    Join Date
    Nov 2008
    Location
    , Florida, USA
    Posts
    54
    Quote Originally Posted by brboyer View Post
    marrandy wrote:

    First:

    No such thing in Florida.
    Well your nit-picking now. Its brandishing in all but name.

    790.10 Improper exhibition of dangerous weapons or firearms.

    --If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    http://licgweb.doacs.state.fl.us/wea...f_defense.html also talks about the legality of "Never display a handgun to gain "leverage" in an argument."

    I suppose I will have to add this...

    http://www.thefreedictionary.com/brandishing

    http://www.merriam-webster.com/dictionary/brandishing
    Last edited by marrandy; 07-07-2010 at 12:40 AM.

  18. #18
    Campaign Veteran StogieC's Avatar
    Join Date
    Nov 2009
    Location
    Florida
    Posts
    746
    home (hm)n.1. A place where one lives; a residence.
    2. The physical structure within which one lives, such as a house or apartment.

    I would not want to be the test case for trying open carry in my own front yard in Florida. We have to get this fixed.

    STAND UP!

  19. #19
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412
    Quote Originally Posted by StogieC View Post
    home (hm)n.1. A place where one lives; a residence.
    2. The physical structure within which one lives, such as a house or apartment.

    I would not want to be the test case for trying open carry in my own front yard in Florida. We have to get this fixed.

    STAND UP!
    Although I agree with the your general statement about fixing Open carry in Florida, this specific point is well settled case law and has already been "fixed" by several appellate court decisions. One's "home" includes inside as well as on the property surrounding the house plus any outbuildings that are part of that property. It also includes inside your hotel room, apartment, etc, but not the common areas like hallways/parking lots. It also includes your parked motor-home, tent, or any other temporary lodging. If in a condo or other type facility like duplex, or mobile home parks, it would also include any property, designated for your exclusive use, included in rental/lease agreement.

    I've open carried at my home, including front/back/side yards (live on a corner) for over 20 years. I've had well over 100 LEO encounters in that time (HSCO does a great job of patrolling our area) and never had an issue. I also clean my guns clearly visible from the road in the side yard. The vast majority of LEOs around here are very supportive of gun owners.

    We had some kind of burglary or home invasion a few blocks over a couple weeks ago, had 8-10 patrol cars, driving all over, plus helicopter. I went out, clearly armed, and asked one of the deputy's what was up, he gave me a description of the perp. I told them I'd keep a eye open. About 30 minutes later, dispatch calls the house and asks wifey if I'm still outside and if I've seen anything. :-)
    Last edited by brboyer; 07-11-2010 at 06:45 AM. Reason: typo

  20. #20
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412
    Quote Originally Posted by marrandy View Post
    Well your nit-picking now. Its brandishing in all but name.

    790.10 Improper exhibition of dangerous weapons or firearms.

    --If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    http://licgweb.doacs.state.fl.us/wea...f_defense.html also talks about the legality of "Never display a handgun to gain "leverage" in an argument."

    I suppose I will have to add this...

    http://www.thefreedictionary.com/brandishing

    http://www.merriam-webster.com/dictionary/brandishing
    Precision does not equal "nit-picking" especially when speaking about legalities.

    Oh, and as you should be able to tell, Florida's Improper exhibition statute includes things that are not considered "brandishing" according to the definitions you provided.

  21. #21
    Campaign Veteran StogieC's Avatar
    Join Date
    Nov 2009
    Location
    Florida
    Posts
    746
    Quote Originally Posted by brboyer View Post
    Although I agree with the your general statement about fixing Open carry in Florida, this specific point is well settled case law and has already been "fixed" by several appellate court decisions. One's "home" includes inside as well as on the property surrounding the house plus any outbuildings that are part of that property. It also includes inside your hotel room, apartment, etc, but not the common areas like hallways/parking lots. It also includes your parked motor-home, tent, or any other temporary lodging. If in a condo or other type facility like duplex, or mobile home parks, it would also include any property, designated for your exclusive use, included in rental/lease agreement.
    I was not aware that this had already been resolved in the Florida courts. Thanks.

  22. #22
    Regular Member
    Join Date
    Jul 2010
    Location
    Deltona Florida
    Posts
    38

    Cool

    I recently bought a lake house in Central Florida and ride the lawn tractor strapped open. Don't live there yet but thought it might keep the neighborhood "wanna-be's" on their toes.

  23. #23
    Campaign Veteran StogieC's Avatar
    Join Date
    Nov 2009
    Location
    Florida
    Posts
    746
    Quote Originally Posted by ZO6Vettever View Post
    I recently bought a lake house in Central Florida and ride the lawn tractor strapped open. Don't live there yet but thought it might keep the neighborhood "wanna-be's" on their toes.
    That could get you a free ride in a police car if you don't live there yet.

  24. #24
    Regular Member
    Join Date
    Jul 2010
    Location
    Deltona Florida
    Posts
    38
    Quote Originally Posted by StogieC View Post
    That could get you a free ride in a police car if you don't live there yet.
    I live ther 1 week a month and my cars are registered there and DL also. I still live in the ocean house in Key West until it sells. That should be enough.
    Last edited by ZO6Vettever; 07-24-2010 at 11:38 AM.

  25. #25
    Regular Member
    Join Date
    Aug 2011
    Location
    Florida
    Posts
    4
    All right lemme see if I got this right.I CAN NOT open carry on my land even though I'm on five acres?And while I'm asking questions,Can I open carry a Ka-bar any where?I've read 790s ALL OF THEM,and I can't find anything that says I can't.Just that I can't pull it out in a threating manner.Can anyone clea this grey area for me?

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •