Results 1 to 6 of 6

Thread: Second amendment rights, self-defense, and minors in Florida

  1. #1
    Regular Member
    Join Date
    Jul 2011
    Location
    Hollywood, FL
    Posts
    3

    Second amendment rights, self-defense, and minors in Florida

    Evening, fellow FL Open Carry supporters, I have a couple questions pertaining to the self defense rights of minors in the state of Florida. As a high-school student working in a relatively unsafe area for a summer job, I'm concerned for my own safety while walking the streets. I've been doing some research into Florida's statutes on the possession of tasers while under the age of 18.

    I'll start off the list of my findings with the legal definition of a "person" in the state of Florida. According to florida law, the word “person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

    So if you are under the age of eighteen, you are categorized as a person in the state of florida, fully protected by any and all constitutional rights.. within reason. I wouldn't want to see a bunch of teenagers running around with handguns personally.

    There is one statute that mainly deals with the issue of firearms and minors, and that statute is 790.22. According to that statute, "the use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent."

    This provision basically states that if you're under the age of 16, you are prohibited from carrying electric weapons or devices, no matter the purpose you are carrying it for. This is the part where it gets confusing. I'm sixteen, and I'm looking to openly carry a taser, but I'm not COMPLETELY sure whether or not I'm allowed to because of the vagueness of this statute. Onto the last statute, the one that states what you are legally allowed to open carry, and what you aren't.

    (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.

    This statute clearly differentiates an "electric weapon or device" from a "nonlethal stungun, dart-firing stungun, or other nonlethal electric weapon or device." This differentiation alone is in direct conflict with statute 790.22, which prohibits the underage possession of electric devices. Furthermore, the open carry statute I posted states that a "person" may openly carry a dart-firing stun gun for the purpose of self defense. As discussed earlier, in Florida, a person is defined as an individual or a child. Subsection two of the statute reinforces the idea that any person is legally allowed to openly carry a taser for self defense.

    To conclude my ramblings, I want to ask for help and advice on this matter. I'm not a lawyer, I'm not a police officer, I'm not a legislator, and I'm not all that well-versed in law. I'm just a teenager trying to make sense of the complex, draconian laws imposed on my second amendment rights. I'm trying to figure out whether or not I am legally allowed to exercise the right to protect my persons by openly carrying a taser in public. I'm aspiring to be a politician, and I'd hate to get arrested on charges of underage firearms possession. I would appreciate any help that anybody is able to provide.
    Last edited by cactus186; 07-09-2011 at 10:54 PM.

  2. #2
    Founder's Club Member ixtow's Avatar
    Join Date
    Nov 2006
    Location
    Suwannee County, FL
    Posts
    5,069
    You have discovered one of many contradictions in Florida Law. The boundless reaches of our Legislators' stupidity is the only quality they possess that can be described as impressive.

    "It's illegal, but it's not illegal. Well, maybe if that guy does it. Briefly." - Florida Statutes Section Infinity

    Wish I could be more helpful, but I've looked through it too, and have arrived at the same conclusions. There is no answer. It's self-defeating circular spaghetti logic...
    Last edited by ixtow; 07-12-2011 at 02:37 AM. Reason: Horrible Grammar Fail
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  3. #3
    Regular Member
    Join Date
    Aug 2010
    Location
    Richmond, Tx
    Posts
    326
    Just my 0.02......'Tried by 12 is better than carried by 6.'
    Lower the crime rate by lowering the criminal survival rate!
    When people say 'God Bless America' I'm sure He says, "I gave you Texas!"

  4. #4
    Regular Member
    Join Date
    Jul 2011
    Location
    Hollywood, FL
    Posts
    3
    After extensively reading the law and failing to find any wording that bars minors over the age of 16 from carrying tasers, I've come to the conclusion that now that I'm 17, I should be legible to carry one.

  5. #5
    Founder's Club Member ixtow's Avatar
    Join Date
    Nov 2006
    Location
    Suwannee County, FL
    Posts
    5,069
    Quote Originally Posted by cactus186 View Post
    After extensively reading the law and failing to find any wording that bars minors over the age of 16 from carrying tasers, I've come to the conclusion that now that I'm 17, I should be legible to carry one.
    We got a lawyer on the forums 'round those parts. Might wanna get his card... ;-)
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  6. #6
    Regular Member
    Join Date
    Jul 2011
    Location
    Hollywood, FL
    Posts
    3
    Quote Originally Posted by ixtow View Post
    We got a lawyer on the forums 'round those parts. Might wanna get his card... ;-)
    Hahahah, I probably should.

Posting Permissions

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