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Thread: Stopping on the way to lawful Target Shooting...

  1. #1
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    Stopping on the way to lawful Target Shooting...

    I know that Open Carry is lawful while engaged in, or going directly to and from, lawful Target Shooting, Hunting, Fishing, and Camping expeditions per FL Statute 790.053.
    What about if I stop to get gas, food, money, etc. on the way? Would this violate "directly"?

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    Regular Member hammer6's Avatar
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    if i were to walk directly from first base to second base, but stopped halfway to talk to the second baseman, that would not be considered "directly". that's just mho though..
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    I wouldn't suggest doing it. There's some debate on that subject. But, most, even legal types, agree that, to be legal, one must be DIRECTLY on the way to and from. Stopping at 7-11 means, you were on your way to 7-11, not target shooting IMHO. Yea, I know.....splitting hairs. But, are you really willing to bet all the time and money it would take to beat that rap should you get a cop, then a subsequent prosecuting attorney who think walking into 7-11 openly carrying just doesn't cut the mustard of being "directly" to and from target shooting?

    I could be wrong on that one. But, I'm not about to become the test case either way..... any takers?

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    Regular Member Patriot Prepper's Avatar
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    If you are actually walking to the destination versus driving could make a difference. If you were walking, you may have more of a need to make necessary stops. I believe, technically you have the right to stop, if you can prove you are actually going to a destination to shoot, fish, camp, etc.

    However, the reality is, even if you were actually fishing and open carried, you run the risk of getting harassed by LE. Often they do not know the law. Imagine what would happen if you stopped at a 7-11 and you were open carrying.

    Whether you can legally carry in certain situations may be outweighed by whether it is prudent. I would not want to do it alone. I would want friends or witnesses near by. Or LE could have a field day and you could be at their mercy.

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    Founder's Club Member ixtow's Avatar
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    What if the place you're going to fish/hunt/camp/target shoot is REALLY far away and REQUIRES that you stop at a gas station along the way?

    Being forced to stop by the nature of the universe and how society functions does not mean your ultimate destination changes.

    It's a possible defense if need be.... Maybe. If you wanna try that...

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    Quote Originally Posted by glockenstein View Post
    I know that Open Carry is lawful while engaged in, or going directly to and from, lawful Target Shooting, Hunting, Fishing, and Camping expeditions per FL Statute 790.053.
    What about if I stop to get gas, food, money, etc. on the way? Would this violate "directly"?
    The stature you are referring to is actually 790.25(3), not 790.053.
    The word "Direct" does not appear in the statute.
    Would an arrest happen? It all depends on the LEO.
    Would a prosecution happen? Depends on the SA.
    Would a conviction happen? If the state could prove beyond a reasonable doubt that you were not on your way to or from, yes.

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    Why does it seem like we allways split hairs or push the limit???

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    Quote Originally Posted by tchlopek View Post
    Why does it seem like we allways split hairs or push the limit???
    Huh?????

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by tchlopek View Post
    Why does it seem like we allways split hairs or push the limit???
    In order to not cross the line, one must know where it is.

    When government is so predatory that one must fear even approaching the line, that government needs to be eradicated in the most complete and violent way possible.

    Well, that's how I see it anyway...

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    Regular Member Seafoxfla's Avatar
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    The best thing to do is to conceal the weapon as needed to avoid any confrontations with LE. There's nothing worse to deal with than a pi$$ed off cop. any way you look at it you'll loose.
    CWFL. Glock, feed it dirt, it'll still work.
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    WARNING: LEGAL THEORY ONLY Better safe than sorry here, but here you go:

    There is extensive case law dealing with a person traveling for work purposes. Stops for gas, meals, necessary stops are still on the employers business, meaning they are still traveling for work and the employer liable. When they take a detour to go to Publix to pick up a cake they are on a personal errand and not traveling for work.

    Were someone to decide to be a test case, my first argument would be the law was too vague to put the person on notice as to what conduct was prohibited. Second I would argue that the employer's errand applies, if stopping for gas, rest areas meals on the way. Stopping for ammo ? tough to argue, needed to go shopping, probably outside the law, assuming it isn't struck down for vagueness for being generally unclear.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by Seafoxfla View Post
    The best thing to do is to conceal the weapon as needed to avoid any confrontations with LE. There's nothing worse to deal with than a pi$$ed off cop. any way you look at it you'll loose.
    Are you making a blanket statement or just specific to FL at this particular time?

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    Be Careful!

    Please DO NOT be The 'Poster Child' for Illegal Carry Prior to The Enactment of Senate Bill 234!

    Law Enforcement Officers throughout Florida Enforce Florida Code 790.053.

  14. #14
    Regular Member Seafoxfla's Avatar
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    Quote Originally Posted by Kingfish View Post
    Are you making a blanket statement or just specific to FL at this particular time?
    this pertains to Florida as I posted it in the Florida forum.
    CWFL. Glock, feed it dirt, it'll still work.
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    Founder's Club Member ixtow's Avatar
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    Gas Station:

    If you're going to run out of gas, you can stop at the gas station, or stop when you run out; either way, you're gonna stop. Is the Gas Fairy going to bring you Gas at the side of the road? Unlikely. Is a Florida Cop going to be aware of, and concerned with, your Rights? Even less likely than the Gas Fairy.

    Is it legal? Precedent exists for other regulated matters, but as to it's application to OC, there hasn't been a case that I know of.

    It seems reasonable, but I'd say you'd have to fight an arrest and prosecution to get that precedent applied to this matter. Prosecutors here are quite zealous. They'll push anything they can. It would probably be dismissed, but you would definitely get arrested and prosecuted. Expect it to be a felony stop, and to be charged with a felony...

    They may even shoot you and fix it in the report; your corpse cannot mount a defense. It may be easier to kill you than risk the 1983/42 business. If you're dead, then it's their story and only their story. FDLE teaches this, I was there.

    It's a very risky move. If you don't value your life, and you have a whole bunch of money, then you might consider it. I wouldn't recommend it.
    Last edited by ixtow; 02-02-2011 at 06:09 AM.

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    The laws in SC are very similar and this question has been discussed many times with no real answer. You leave home to go hunting with your gun in a holster openly carried. Can you stop by Wal -Mart to pick up some ammo. As far as I know there is no case law or ruling on it so I do not want to be the test case. I would leave it in the car while going in to Wal-Mart. Now if I stopped by for gas I may leave it on while pumping the gas but if I go inside for coffee I am not sure. This doesn't answer your question because I don't know if there is an answer yet. Do you want to be the test case?

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