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Thread: 790.15 Discharging firearm in public

  1. #1
    Campaign Veteran Schlitz's Avatar
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    Wink 790.15 Discharging firearm in public

    My friends and I are trying to find a place to shoot outside of the city limits. We have found a large wooded area with dirt roads (if you can even call them that, it's more like dirt bike / 4 wheeler paths. a car couldn't make it down them), with absolutely no signs posted. After reviewing 790.15, I am having a hard time figuring out the meaning of 'any public place.' I figured that would mean any place the public can go, but then it goes on to say, "on the right-of-way of any paved public road, highway, or street." Why would it say that if it already said ANY public place? This is what confuses me on the meaning of "public place."

    This section does not apply ... to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.
    ^ Does this mean that target shooting is illegal in Florida if it is not on private property?


    Can someone help me out here? I'm trying to stay out of trouble!

    http://www.flsenate.gov/laws/statutes/2010/790.15
    Last edited by Schlitz; 11-05-2011 at 12:25 AM. Reason: sauce added
    The claim and exercise of a constitutional right cannot be converted into a crime.
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  2. #2
    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Schlitz View Post
    My friends and I are trying to find a place to shoot outside of the city limits. We have found a large wooded area with dirt roads (if you can even call them that, it's more like dirt bike / 4 wheeler paths. a car couldn't make it down them), with absolutely no signs posted. After reviewing 790.15, I am having a hard time figuring out the meaning of 'any public place.' I figured that would mean any place the public can go, but then it goes on to say, "on the right-of-way of any paved public road, highway, or street." Why would it say that if it already said ANY public place? This is what confuses me on the meaning of "public place."


    ^ Does this mean that target shooting is illegal in Florida if it is not on private property?


    Can someone help me out here? I'm trying to stay out of trouble!

    http://www.flsenate.gov/laws/statutes/2010/790.15
    Public place means any publicly owned land, including parks, preserves, water management district land, fish and wildlife land, and so on. Private property is not a public place. To say that target shooting is illegal in Florida if it is not on private property is not exactly correct, as there are public ranges on public property. But if you're going to go out and plink, better know who owns the land as even a private owner can have you trespassed (and that would be armed trespass, a felony).
    Rich
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  3. #3
    Regular Member Badger Johnson's Avatar
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    Look for a Izaak Walton League in your area. It's expensive to join but cheap when you realize what you get. They offer outdoor ranges.

    DO NOT shoot your firearm in some 'remote area' b/c those are all owned by someone. Get permission, else you can risk losing your CC license.

    Homestead, Fl:
    http://www.earthshare.org/2008/09/florida-divisio.html


    $.02
    Last edited by Badger Johnson; 11-05-2011 at 09:49 AM.
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

    Hi, I'm hypercritical. But I mean no harm, I just like to try to look deeply at life

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