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Thread: _____ PRIVATE PROPERTY_____ open carry in Florida______

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    _____ PRIVATE PROPERTY_____ open carry in Florida______

    After contacting Dept. of Ag., 2 law enforcement agencies, 3 attorneys, I am still without a definitive answer to my query regarding open carry on private land.

    I am looking for the "specific statute" that will refer to this rule.

    In reference to rural land/property, are there any restrictions based on 1) location, 2) proximity of buildings/residences. 3) size of land parcel, 4) county ordinance.

    My particular scenario would relate to open carry of a side arm (pistol) while in the normal course of activity due to the remote location and any potential threat which may exist.

    Also, it would be helpful to know if such regulation would relate to CCCP or not.

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    Regular Member Rich7553's Avatar
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    There are specific locations and circumstances in which open carry is lawful. You will find them listed here:

    http://www.leg.state.fl.us/Statutes/...s/0790.25.html

    If you want an answer to a specific circumstance, you'll need to provide more information, such as who owns the property, why you're there, etc. And please tell me what a CCCP is beyond being Russian for USSR. For the record, county or city ordinances are null and void per §790.33 Florida Statutes.

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    I should have stated that the property is privately owned by myself.

    CCP = Concealed Carry Permit

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    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by eldorado View Post
    I should have stated that the property is privately owned by myself.
    You can only openly carry on property that is owned by you and is your home.
    You can also open carry at your place of work.

    You can't open carry on private property that you own that is not your home. You also can't or on another person's property, even with their consent, unless you work there or are hunting, camping, fishing or shooting in a safe place.

    http://orlandocriminallawyer.blogspo...ion-legal.html

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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by StogieC View Post
    You can only openly carry on property that is owned by you and is your home.
    You can also open carry at your place of work.

    You can't open carry on private property that you own that is not your home. You also can't or on another person's property, even with their consent, unless you work there or are hunting, camping, fishing or shooting in a safe place.

    http://orlandocriminallawyer.blogspo...ion-legal.html
    Exactly. Thank you Sean. And in response to the OP question on the CCP, Florida issues CWFLs (concealed weapons/firearms licenses) and no, they only apply to concealed carry. No CWFL is required for any of the authorized open carry activities/locations.
    Last edited by Rich7553; 01-08-2011 at 03:09 PM.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by StogieC View Post
    You can only openly carry on property that is owned by you and is your home.
    You can also open carry at your place of work.

    You can't open carry on private property that you own that is not your home. You also can't or on another person's property, even with their consent, unless you work there or are hunting, camping, fishing or shooting in a safe place.

    http://orlandocriminallawyer.blogspo...ion-legal.html
    I rent, look at me, I'm breaking the law!

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    Quote Originally Posted by ixtow View Post
    I rent, look at me, I'm breaking the law!
    I think that is supposed to read:
    I'm an attention *****, look at me, I'm making a fool of myself on the Internet, again!
    Oh, and I have no idea what I'm talking about!
    Last edited by brboyer; 01-10-2011 at 08:40 PM.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by brboyer View Post
    I think that is supposed to read:
    I care about as much for your thoughts, as a stapler cares about meatloaf.

    I was pointing out how ridiculous it is by making a ridiculous statement. Teh Intarwebz are full of people who can't sort that out. Which is sad, because it isn't that complicated, and it looks like you're one of those who can't sort it out.

    Or your desire to be an ass is simply a higher priority. Either way, you're a failure as a human being.
    Last edited by ixtow; 01-10-2011 at 08:54 PM.

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    Quote Originally Posted by ixtow View Post
    I rent, look at me, I'm breaking the law!
    That would be incorrect.

    Brboyer, help me out please if I'm mistaken....

    790.25 - Lawful ownership, possession, and use of firearms and other weapons.

    *snipped for space*


    (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:

    *snip*


    (n) A person possessing arms at his or her home or place of business;
    If you are renting a home, it's still your home. Ownership is not a requirement.

    I believe the Gutmacher blog mentioned above refers to the mistaken belief that a property owner can give permission to open carry while on their property. They cannot. If you are renting that private property as your home, permission by the owner is not required.

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    Quote Originally Posted by JeepSeller View Post
    That would be incorrect.

    Brboyer, help me out please if I'm mistaken....



    If you are renting a home, it's still your home. Ownership is not a requirement.

    I believe the Gutmacher blog mentioned above refers to the mistaken belief that a property owner can give permission to open carry while on their property. They cannot. If you are renting that private property as your home, permission by the owner is not required.
    You missed my reply to him.....

    Oh, we are talking about the law....

    You are correct, ownership does not enter in to it at all. The only requirement is that you live there. For example a Hotel room is your 'home' while you are 'living' there.

    Now the converse, 790.25(3)(n) does not permit you to openly carry on property you own but do not live at. Like rental property.
    Last edited by brboyer; 01-11-2011 at 08:51 PM.

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    Quote Originally Posted by ixtow View Post
    I rent, look at me, I'm breaking the law!
    You can only openly carry on property that is owned by you (or rented, or leased, or you have a life estate in, or hold, or have tenure, or whatever other alalogue for own you want to bring up...) and is your home.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by StogieC View Post
    You can only openly carry on property that is owned by you and is your home.
    That says AND, not OR. And the law says the same.

    I believe the reference is to the occupation of property and the definition of ownership. If you signed a lease, you own the rights to that property for the duration of the lease.

    But since this isn't clearly articulated in law, LEOs often arrest based upon it. If I can't whip out a deed with my name on it, I'm a bad boy.

    I've been down this road personally. When the cops are out for you, they pretend to get things wrong like that. Since it is rather convoluted, they get qualified immunity, and you get stuck with defending yourself. You win, but it's still expensive.

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    brboyer, I think we're saying the same thing, just hitting a speed bump on what we're deeming "renting".

    I'm referring to the statement "I rent, look at me, I'm breaking the law!"

    I interpreted that to mean renting as in renting an apartment and since my understanding is that as a tenant paying rent, it's considered YOUR home by law, meaning, I believe unlicensed carry within your home, even a rental, is still legal.

    Yea, if it's property I own, but, rent it out to someone else? Yep, I can CC w/license, but, I cannot (currently) OC, even with my tenant's permission, and even though I own the property. It's not my home.

    I really don't know where you guys are getting that "and".

    The law clearly states.....

    (n) A person possessing arms at his or her home or place of business;
    Last edited by JeepSeller; 01-11-2011 at 11:22 PM.

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    Founder's Club Member ixtow's Avatar
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    My only point is that in evictions, it's your 'home' if you get mail there. The Cops seem to know all about it and exactly how it's done.

    If you're OCing a gun, well, suddenly they don't know that stuff anymore, even though the same definition of 'ownership' applies.

    According to the cases I've studied, it's tied more closely to the definition of Ownership. If you have a lease, you "Own" that Occupancy Rights to that property for the determined time. And this is tied in only through the 4th Amendment; that you have the Rights necessary to be secure in your blah blah etc... Occupying the property, as the top sentence describes, is all it should take. It has been pursued by many a prosecutor. Fortunately, I've seen judges cut off that end-run around the law to kill both arguments.

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    Quote Originally Posted by JeepSeller View Post
    brboyer, I think we're saying the same thing, just hitting a speed bump on what we're deeming "renting".

    I'm referring to the statement "I rent, look at me, I'm breaking the law!"

    I interpreted that to mean renting as in renting an apartment and since my understanding is that as a tenant paying rent, it's considered YOUR home by law, meaning, I believe unlicensed carry within your home, even a rental, is still legal.

    Yea, if it's property I own, but, rent it out to someone else? Yep, I can CC w/license, but, I cannot (currently) OC, even with my tenant's permission, and even though I own the property. It's not my home.

    I really don't know where you guys are getting that "and".

    The law clearly states.....

    (n) A person possessing arms at his or her home or place of business;
    I think we are saying the exact same thing...

    Yea, if it's property I own, but, rent it out to someone else? Yep, I can CC w/license, but, I cannot (currently) OC, even with my tenant's permission, and even though I own the property. It's not my home.
    Exactly.

    You cannot OC there because even though you own it, you do not 'and' live there. It must be yours (in some fashion-own, rent, etc., not someone Else's) AND you must live there...
    The 'and' is somewhat superfluous because you could not really 'live' there if it was not yours. Except maybe if we talking about staying with friend's house...how long before that becomes 'living' there as opposed to just visiting?

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    Quote Originally Posted by brboyer View Post
    ..how long before that becomes 'living' there as opposed to just visiting?
    That's where it gets really fun, huh?

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    Bringing up an older thread, but at least it's from this year right?

    So say I rent an apartment. It is my home. What about carrying around the rest of the property, i.e. the parking lot, pool, laundry facility, grassy area and walkways around the building/s? The areas are considered common shared space to the rental property with rights to usage by the tenants. How would those areas affect the idea of open carry on private property?

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    Quote Originally Posted by BrokenR1 View Post
    Bringing up an older thread, but at least it's from this year right?

    So say I rent an apartment. It is my home. What about carrying around the rest of the property, i.e. the parking lot, pool, laundry facility, grassy area and walkways around the building/s? The areas are considered common shared space to the rental property with rights to usage by the tenants. How would those areas affect the idea of open carry on private property?
    You can carry in your rental house/apartment; you can carry on the associated property only if you're the only one renting that house and lot; you cannot carry on common grounds or shared facilities (pool area, gym, laundry rooms, picnic area, yards, parking lots, elevators, hallways), unless it's CC with CWFL.
    American Government 101:
    The Executive branch's job is to provide celebrity figureheads for the pandering populace.
    The Legislative branch's job is to progressively destroy our freedoms for the "safety" of "We the Sheeple."
    The Judicial branch's job is to look like they're defending our freedoms against the abuses of the Legislative branch, only by token gestures that do not interfere is this pivotal process, but enough to deceive "We the People" into a false sense of security.

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    Quote Originally Posted by StogieC View Post
    You can only openly carry on property that is owned by you and is your home.
    You can also open carry at your place of work.

    You can't open carry on private property that you own that is not your home. You also can't or on another person's property, even with their consent, unless you work there or are hunting, camping, fishing or shooting in a safe place.

    http://orlandocriminallawyer.blogspo...ion-legal.html
    Exactly, which is why we need to legalize open carry in Florida and Texas - both have this same rule.

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