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Thread: Florida open carry while fishing,hunting,gun range?

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    Florida open carry while fishing,hunting,gun range?

    I'm 19 years old and want to know if i can legally open carry while fishing and hunting and going to and from shooting range? Thanks. I know it's not illegal for me to own and posses a handgun just can't buy one.

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    I do believe you would be legal, provided the presumption that you: A) can legally be in possession of a handgun in the first place, and B) you are doing so under the few exceptions where OC is legal. (hunting, fishing, camping, etc.)

    I'm not in a position to find/cite the relevant statutes at the moment, but, I imagine someone will be along eventually who probably knows them by heart anyway. LOL

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    Hey now, the guy's new. Asked a simple, common, and legit question about which many are curious. Not everyone reads every single thread in this place when they 1st come in, when they are looking for some basic info.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Glockx17 View Post
    I'm 19 years old and want to know if i can legally open carry while fishing and hunting and going to and from shooting range? .
    Glockx,

    Welcome aboard.

    As you are currently 19 years old, you are obviously legal to own a handgun, just not purchase until you're 21. We all agree on that.

    When looking at the appropriate Florida Statutes at:

    http://www.flsenate.gov/Laws/Statutes/2011/790.25

    You will notice that there is nothing in there mentioning any age prohibition for open carry during the appropriate statute, which in this case is the "Fishing, Hunting, Camping (paragraph H) section as we like to call it.

    As far as I can see, you're good to go! If I was up near you, I'd go along as I do this a lot.

    Good fishing!

    AD (a fellow Glockoid)
    Last edited by ADulay; 10-20-2011 at 04:16 PM.
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    Thanks ADulay, normally, I'm not afraid to provide citations to back up my claims (poke--poke..ixtow <smile>)

    I'm just up to my neck in work today and just haven't been able to do so myself for the OP.

    Glockx17, I agree, reviewing the statute myself, as I thought, the way I read it, if you can legally own/possess the handgun, you can legally carry it openly while engaged in the state approved activities.

    The 21yr old age restriction doesn't come into play unless you want to obtain your CWFL (Concealed Weapons and Firearms License).

    Happy fishing!

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    http://forum.opencarry.org/forums/sh...in-this-thread....

    I made a handy document that covers the topic 4 posts down.

    It's the short version. You can google the statutes pretty easily.

    C'mon, I gotta raz somebody who hasn't even tried to find the answers...

    Read all of Section 790 for the long version: http://www.leg.state.fl.us/Statutes/...EChapter%20790

    The important parts are:

    http://www.leg.state.fl.us/Statutes/.../0790.053.html

    http://www.leg.state.fl.us/Statutes/...s/0790.06.html

    http://www.leg.state.fl.us/Statutes/...s/0790.25.html
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    Regular Member ADulay's Avatar
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    Quote Originally Posted by JeepSeller View Post
    The 21yr old age restriction doesn't come into play unless you want to obtain your CWFL (Concealed Weapons and Firearms License).

    Happy fishing!
    And as an added note. If you should decide, for some reason, to put the openly carried gun in your pocket, it is now a concealed weapon.

    Plan accordingly!

    AD
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    Quote Originally Posted by ADulay View Post
    And as an added note. If you should decide, for some reason, to put the openly carried gun in your pocket, it is now a concealed weapon.

    Plan accordingly!

    AD
    Excellent point ADulay! Something that could easily be done by mistake while out there fishing. I would presume that tossing it in a tackle-box would be similar, probably best to just put it in the car (properly "securely encased") if the OP (being under 21-no CWFL) found a need to remove his OC for any length of time.
    Last edited by JeepSeller; 10-20-2011 at 10:47 PM.

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    Quick question in reference to the OP:

    Is fishing right off the beach legal in FL? I only ask because I am going to come to FL for a 2 week vacation and I do not have a CCL with any state at this time. I know I can keep my gun in the car legally, but I would like to be able to carry it with me most of the time (in this case, "most of the time" will be at the beach). So my question is if I can OC at the beach as long as I have a fishing pole with me, like a microlite pole or something.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
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    Quote Originally Posted by JeepSeller View Post
    Excellent point ADulay! Something that could easily be done by mistake while out there fishing. I would presume that tossing it in a tackle-box would be similar, probably best to just put it in the car (properly "securely encased") if the OP (being under 21-no CWFL) found a need to remove his OC for any length of time.
    However, putting the firearm in your pocket would still be lawful. Neither 790.053 (open carry prohibition) nor 790.06 (requirement for license to carry concealed) apply while engaging in the activites listed in 790.25 paragraph 3.

    But don't expect a law enforcment officer to know this!
    Rich
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    Quote Originally Posted by Verd View Post
    Quick question in reference to the OP:

    Is fishing right off the beach legal in FL? I only ask because I am going to come to FL for a 2 week vacation and I do not have a CCL with any state at this time. I know I can keep my gun in the car legally, but I would like to be able to carry it with me most of the time (in this case, "most of the time" will be at the beach). So my question is if I can OC at the beach as long as I have a fishing pole with me, like a microlite pole or something.
    Yes, but you must have either a saltwater or shoreline fishing license. Shoreline fishing licenses are free to Florida residents. You can get one anywhere fishing licenses are sold.
    Rich
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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Rich7553 View Post
    However, putting the firearm in your pocket would still be lawful. Neither 790.053 (open carry prohibition) nor 790.06 (requirement for license to carry concealed) apply while engaging in the activites listed in 790.25 paragraph 3.

    But don't expect a law enforcment officer to know this!
    Well, I would have sworn that was incorrect, but once again you are spot on.
    I had to track that down and make sure, just for my own well being and sonofagun, you're correct!

    Right there in front of God and everybody it says:

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances...,


    I must have read that first line a thousand times and the "790.06" thing just went right over my head each time.

    Thanks for making me READ it this time.

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    Quote Originally Posted by ADulay View Post
    Well, I would have sworn that was incorrect, but once again you are spot on.
    I had to track that down and make sure, just for my own well being and sonofagun, you're correct!

    Right there in front of God and everybody it says:

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances...,


    I must have read that first line a thousand times and the "790.06" thing just went right over my head each time.

    Thanks for making me READ it this time.

    AD
    There was a time once, in years past, when I thought I was wrong...but I was mistaken!
    Last edited by Rich7553; 10-21-2011 at 05:33 PM.
    Rich
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    Well, learned something new today, didn't we?

    I hadn't noticed that either Rich.

    But, I agree, that's a pretty obscure item in the statutes. I wouldn't expect any responding LEO to know that, just to be on the safe side, unless you've got a lot of time on your hands and a chunk-o-cash for bail and lawyer. LOL

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Verd View Post
    Quick question in reference to the OP:

    Is fishing right off the beach legal in FL?
    Verd,

    I fish "off the beach" when I hit Boca Grande Pass for an afternoon of fishing and open carrying. No problems at all and I usually get into a good conversation with a guy or two who ask about it and are generally surprised at the legality of it all!

    Enjoy your fishing time, open carry or concealed!

    AD
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    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by Rich7553 View Post
    Yes, but you must have either a saltwater or shoreline fishing license. Shoreline fishing licenses are free to Florida residents. You can get one anywhere fishing licenses are sold.
    Quote Originally Posted by ADulay View Post
    Verd,

    I fish "off the beach" when I hit Boca Grande Pass for an afternoon of fishing and open carrying. No problems at all and I usually get into a good conversation with a guy or two who ask about it and are generally surprised at the legality of it all!

    Enjoy your fishing time, open carry or concealed!

    AD
    Thanks guys.

    How much is a shoreline fishing license? Going to to the Sarasota area, if that makes any difference.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
    Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!

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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Verd View Post
    Thanks guys.

    How much is a shoreline fishing license? Going to to the Sarasota area, if that makes any difference.
    Quoting my previous post, "Yes, but you must have either a saltwater or shoreline fishing license. Shoreline fishing licenses are free to Florida residents. You can get one anywhere fishing licenses are sold."
    Rich
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    I think a 3-day, non-resident license is something like $15 or so, 7-day is somewhere around $30 if I recall correctly. I think you can do a year for around $50 or less should you plan on visiting Florida often.

    It's not hard to find online, I had to look it up not long ago for my Dad when he came down from up North.
    Last edited by JeepSeller; 10-22-2011 at 01:55 PM.

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    Crap! I apologize Verd, I didn't even look to see if you were from Florida! Mea culpa!
    Rich
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    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by JeepSeller View Post
    I think a 3-day, non-resident license is something like $15 or so, 7-day is somewhere around $30 if I recall correctly. I think you can do a year for around $50 or less should you plan on visiting Florida often.

    It's not hard to find online, I had to look it up not long ago for my Dad when he came down from up North.
    Thanks.

    Quote Originally Posted by Rich7553 View Post
    Crap! I apologize Verd, I didn't even look to see if you were from Florida! Mea culpa!
    No problem. I figured that was the deal, heh.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
    Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!

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    Easy enough to do Rich. I had a similar brain-fart lately myself when I took my parents to a local college's art display, (they love art), completely forgetting that non-students/faculty have to pay admission. *doh* I had been promoting that for weeks as a free couple hours' diversion while they were in town.

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