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

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
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.
 

ZO6Vettever

Regular Member
Joined
Jul 22, 2010
Messages
38
Location
Deltona Florida
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.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
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. :uhoh:
 

ZO6Vettever

Regular Member
Joined
Jul 22, 2010
Messages
38
Location
Deltona Florida
That could get you a free ride in a police car if you don't live there yet. :uhoh:

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.
 
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Kickstand

New member
Joined
Aug 14, 2011
Messages
4
Location
Florida
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?
 

Kickstand

New member
Joined
Aug 14, 2011
Messages
4
Location
Florida
home (h
omacr.gif
m)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!

I open carry my Judge when I mow my yard.Have had cops drive by while doing so.However,I live on 5 acres and am WAY more than 1500 yards from any building(exept my house).I do so for my pets and kid.I've seen and killed MANY snakes that could have hurt one of them.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
I open carry my Judge when I mow my yard.Have had cops drive by while doing so.However,I live on 5 acres and am WAY more than 1500 yards from any building(exept my house).I do so for my pets and kid.I've seen and killed MANY snakes that could have hurt one of them.

Ah, year old necro thread! Zombies! :lol:

I've now read the court decisions on this issue. OC in your front yard at home is fine. I would however not step on to the sidewalk.
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
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?

Knife OC is generally legal in FL unless there is a local ordinance. There is no preemption for knives, yet...
 

Kickstand

New member
Joined
Aug 14, 2011
Messages
4
Location
Florida
Knife OC is generally legal in FL unless there is a local ordinance. There is no preemption for knives, yet...

Thanks!Thats what i thought but I'm yet to open carry the Ka-bar.It has great value to me and I don't want to risk it.But from what I've read on local laws its hard to get a grip on it.I mean from what I've read you can carry a broad sword on your back.Not that I'd do something as stupid,just sayin....I live in Citrus county just out side citiy limits.And have had the cops called many times for me just target practice shooting.The cops make sure I have the amount of land I say I do and that I'm more then 1500 yards from any building.then they are on their way.But thanks much for the info.Sorry to be a pest.
 

Ironside

Regular Member
Joined
Aug 2, 2010
Messages
103
Location
Ocoee, Florida
Thanks!Thats what i thought but I'm yet to open carry the Ka-bar.It has great value to me and I don't want to risk it.But from what I've read on local laws its hard to get a grip on it.I mean from what I've read you can carry a broad sword on your back.Not that I'd do something as stupid,just sayin....I live in Citrus county just out side citiy limits.And have had the cops called many times for me just target practice shooting.The cops make sure I have the amount of land I say I do and that I'm more then 1500 yards from any building.then they are on their way.But thanks much for the info.Sorry to be a pest.

If there is next time, find out what Ordinance they are quoting. A search of Citris County Ordinances does not show any 1500 yard limitation for the discharge of firearms on private property.

Sec. 21-26. - Specific noise prohibitions.


Sec. 21-28. - Exemptions.

The following uses and activities shall be exempt from the noise level regulations of this article:
[snip]

(10) Licensed game hunting activities or other similar firearm activities, to included practice, on property where such activities are authorized during lawful hunting hours.

[snip]



IANAL; These are snips from Muni-Code.
 

Kickstand

New member
Joined
Aug 14, 2011
Messages
4
Location
Florida
Ah, year old necro thread! Zombies! :lol:

I've now read the court decisions on this issue. OC in your front yard at home is fine. I would however not step on to the sidewalk.

Well at least not without a over shirt.I DO have a CWP.:lol:
 

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
I OC while cutting my grass, as soon as I go to cut the grass on the other side of the sidewalk I throw my shirt over my gun. As soon as I'm done, I go back to OC. Neighbor wants to talk? I cover it up and walk over to his lawn.
 

dirtyharry13

Newbie
Joined
Oct 31, 2016
Messages
1
Location
Palm bay fl
Not true

marrandy wrote:

First:

No such thing in Florida.

Second:
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)

Your comment first says it brandishing is not a thing in Florida, it is and it is a felony. Brandishing a weapon in the state of Florida could cost you more years in prison than shooting someone. pistol whipping someone is even worse. I dont know where you read these laws but someone with a concealed weapons permit will know this. In short if you draw your weapon in the state of Florida you better shoot. Whether you're on private property or you are in your car or your in public property
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Your comment first says it brandishing is not a thing in Florida, it is and it is a felony. Brandishing a weapon in the state of Florida could cost you more years in prison than shooting someone. pistol whipping someone is even worse. I dont know where you read these laws but someone with a concealed weapons permit will know this. In short if you draw your weapon in the state of Florida you better shoot. Whether you're on private property or you are in your car or your in public property

Welcome to OCDO.

Generally, we do not encourage posting to a necro thread - this one is over 6 years old.

Also, it is incumbent on you to cite a source when making a point of law - see Forum Rules.

To assist you, please note that "brandishing" is illegal in Florida but not a felony.

"[SIZE=-1]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://www.floridafirearmslaw.com/o...improper-exhibition-of-firearm-or-weapon.html

http://www.leg.state.fl.us/Statutes...tute&URL=0700-0799/0790/Sections/0790.10.html


In addition:

"[SIZE=-1]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. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

[/SIZE]

[/SIZE]
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Your comment first says it brandishing is not a thing in Florida, it is and it is a felony. Brandishing a weapon in the state of Florida could cost you more years in prison than shooting someone. pistol whipping someone is even worse. I dont know where you read these laws but someone with a concealed weapons permit will know this. In short if you draw your weapon in the state of Florida you better shoot. Whether you're on private property or you are in your car or your in public property

first, welcome to the forum...

second, when you make such definitive statements regarding judicial punishments, it is expected the poster will cite applicable statues to eliminate the emotionalism about what was incorrectly learned from your best buddy.

third, timeliness at times is a valid consideration at times but perhaps somewhere over the last five, plus, years the original poster or perhaps FL's statutes have changed since the topic was originally raised?

finally, let me reiterate welcome to the forum...we look forward to your further contributions.

ipse
 
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