Results 1 to 5 of 5

Thread: Open carry Florida....

  1. #1
    Regular Member
    Join Date
    Oct 2011
    Location
    Jacksonville, Florida, United States
    Posts
    1

    Open carry Florida....

    (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:
    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    Question is, I am subject to recall, can i open carry? I have searched, I can not find an answer for this. I have asked LEO and they had no idea what the meaning was. Some say that it means while training, but it clearly states 'subject to recall'; If you were training you would have already been recalled. Does anyone know of a case involving this?

    Im sure some will ask if I want to be the one to find out. The answer is yes, House bill 45 has now made it illegal for any authority to violate my rights under state law. It gives authority for any individual, that has had his/her rights violated, to recieve up to $100,000. What are your thoughts?

  2. #2
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by Michael Burkes View Post
    (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:
    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    Question is, I am subject to recall, can i open carry? I have searched, I can not find an answer for this. I have asked LEO and they had no idea what the meaning was. Some say that it means while training, but it clearly states 'subject to recall'; If you were training you would have already been recalled. Does anyone know of a case involving this?

    Im sure some will ask if I want to be the one to find out. The answer is yes, House bill 45 has now made it illegal for any authority to violate my rights under state law. It gives authority for any individual, that has had his/her rights violated, to recieve up to $100,000. What are your thoughts?
    I would carry a copy of the section of the law that you believe is applicable. Then sure, go for it. It is just like all the guys going fishing asserting that section of the new law. If you get stopped, do NOT be combative, be educational. Show them the applicable law, and tell them that is the authority. Do not threaten them, or become combative. Remember, this should be educational for everyone in your state. If a private citizen asks, do the same, show them the law.
    Last edited by hermannr; 10-06-2011 at 02:15 PM.

  3. #3
    Regular Member
    Join Date
    Dec 2009
    Location
    Virginia Beach, VA, ,
    Posts
    46
    I'm a Florida resident currently stationed in VA. I'm gonna take some leave and head to Ft. Lauderdale around New Year's and wouldn't mind trying this if it could get cleared up a little bit. Maybe with some good talking points if stopped. I've never carried in FL actually and I'm so used to OC in VA I wouldn't mind the challenge. We get so spoiled here in VA, I've never been hassled in 3 years of OC.

  4. #4
    Regular Member
    Join Date
    Oct 2011
    Location
    Virginia Beach
    Posts
    66
    @ Forceofwill, Where at in Florida did you live? I was stationed at Mayport for 4 years, and now here in VA...

  5. #5
    Regular Member
    Join Date
    Dec 2009
    Location
    Virginia Beach, VA, ,
    Posts
    46
    Quote Originally Posted by gm2max View Post
    @ Forceofwill, Where at in Florida did you live? I was stationed at Mayport for 4 years, and now here in VA...
    Originally from Ft. Lauderdale area, been in VA since I joined the Navy.

Posting Permissions

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