cactus186
New member
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.
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.
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