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Thread: A few questions. OC at home/buisness and traffic stops.

  1. #1
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    A few questions. OC at home/buisness and traffic stops.

    First, the law states you can OC at your home and place of business, but are somewhat vague. If you rent your home can you carry in it and on the property of that home? What if you are only a guest in that home? Same for place of business, If you are the business owner but rent the property can you OC, what if you are only an employee?

    Also, the law states you can open carry to and from several things, but then goes on to say you cannot OC in a private conveyance (AKA vehicle). Which wording trumps which?

    Last, I get stopped a LOT for traffic infractions due to speeding or other tomfoolery. I've seen some discussion on the subject of whether or not to inform the officer you are carrying. My question is less about whether people think they should or shouldn't inform them, but rather if anyone has had bad encounters by doing so (either on a traffic stop or otherwise). Or any good results where you buddied up with the officer and he let you go (or just didn't want to deal with it) Of course, more discussion on opinions on which is welcomed as well.

  2. #2
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by 110leaded View Post
    First, the law states you can OC at your home and place of business, but are somewhat vague. If you rent your home can you carry in it and on the property of that home? What if you are only a guest in that home? Same for place of business, If you are the business owner but rent the property can you OC, what if you are only an employee?

    Also, the law states you can open carry to and from several things, but then goes on to say you cannot OC in a private conveyance (AKA vehicle). Which wording trumps which?

    Last, I get stopped a LOT for traffic infractions due to speeding or other tomfoolery. I've seen some discussion on the subject of whether or not to inform the officer you are carrying. My question is less about whether people think they should or shouldn't inform them, but rather if anyone has had bad encounters by doing so (either on a traffic stop or otherwise). Or any good results where you buddied up with the officer and he let you go (or just didn't want to deal with it) Of course, more discussion on opinions on which is welcomed as well.
    (n) A person possessing arms at his or her home or place of business;
    don't make more of it than there needs to be.

    Is the location YOUR HOME (when someone asks for your home address, do you give them this address?) Yes or No?

    Is the location your place of business? Yes or No?

    The law doesn't say anything about renting the property or anything. Keep it simple. Welcome to OCDO.


    EDIT: Oh yeah, you will hear some debate over whether or not to inform the LEO. I say it depends on how you're carrying. If you're well concealed I wouldn't mention it. If you're printing like a press it may be a good idea. Some cops have a buddy on the other side of the car when they're talking to you at the drivers side. If you reach for your wallet near your gun and the other officer sees you reaching for what he believes is a gun under your **** you may have trouble, but we can play 'what if' he sees this and that games all day. It's going to come down to YOUR personal preference. That's just my 2 cents. oh yea, if asked DON'T LIE.
    Last edited by Schlitz; 12-15-2011 at 09:16 PM.
    “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)]

  3. #3
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    Ill let the lawyers say for certain, but the way I understand it, if you reside there, rent or otherwise, you can OC there. (not sure what, if any, issue there is if a landlord says not to or not, though)
    I OC @ the home I rent 24/7/365, and in full view and knowledge of local LE, with zero issues.
    My home is also my place of biz so.. there's that. And, I usually OC when driving about town, until I get out, then switch to CC.
    Generally, I try to avoid being pulled over, I havent had any traffic-stop issues. Unless asked, Im not inclined to mention the carry one way or the other, if stopped.

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    What about at relatives, significant others houses, business where you are the employee?

  5. #5
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by 110leaded View Post
    What about at relatives, significant others houses,
    Is it YOUR HOME? Yes or No

    No...it's not. You cannot carry there with out a permit.

    (you have now realized how ludicrous Florida law is. You cannot carry on your own private property, at least as far as I know with 790. It only says your HOME)

    business where you are the employee?
    Is it your place of business? Yes or No?

    Yes, it is. You're an employee and you conduct business there everyday. (Notice that at a lot of gun stores all the employees are open carrying)
    Last edited by Schlitz; 12-15-2011 at 09:45 PM.
    “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)]

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