I am writing to determine your disposition in obedience to, or defiance of, the following sections of State Statutes.
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.
(
http://www.leg.state.fl.us/Statutes...TM&Title=->2009->Ch0790->Section 053#0790.053)
Italicized emphasis added by me.
And:
790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
[unrelated paragraphs omitted for brevity]
(3) 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:
[unrelated paragraphs omitted for brevity]
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(
http://www.leg.state.fl.us/Statutes....HTM&Title=->2009->Ch0790->Section 25#0790.25)
And:
790.33 Field of regulation of firearms and ammunition preempted.--
(1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
(
http://www.leg.state.fl.us/Statutes....HTM&Title=->2009->Ch0790->Section 33#0790.33)
Shall I expect to be harassed, arrested, intimidated, detained, questioned, interrogated, or otherwise oppressed or attacked by yourself, or any of the officers under your command, in defiance of these statutes? Do you suspect that, in spite of your presumed willingness to enforce the law as written, other officers under your command may need more adequate training in order to avoid costly litigation under U.S.C. Title 42, 1983? I do not believe that Law Enforcement is granted authority to enforce Opinion, Political Interests, or Ignorance.
I would like to bring to your attention that the practice of carrying a firearm, openly, without a permit of any kind, while fishing, camping, or hunting, or in transit to or from such, has already been determined lawful and is publicly practiced.
It is not my intention to threaten legal action, but to educate and prevent the need for such. I hope we are on the same page. I have read Chapter 790 in it's entirety many times, and studied case law on this subject for over a decade. I'm not getting paid, with taxpayer money, to do that. I would hope that those charged with enforcement of the law, who are being paid with taxpayer money, would be aware of the law. At the very least, ignorance is no longer an excuse.
I await your reply.
