Curtilage is generally meant to mean the area immediately around a home, or between a home and outbuildings (if those outbuildings are "reasonably close" to the home). As I understand it, it doesn't necessarily encompass the entire parcel of land on which the home sits.
So are you saying it is generally illegally in Florida to OC on your own land? What about in one's business property?
Thanks for the education.
Charles
One may not openly carry (or conceal carry without a CWFL) on his 'own land' unless the land is where he lives.
I use the term curtlidge, which may not be the most precise, but I generally want to distinguish "property" alone vs property plus out buildings"; and "property one owns" from "at his home".
So yes the exception that allows one to open carry (and conceal carry without a CWFL) at his home or place of business would include the home itself (the building) and all outbuildings and the property itself surrounding the home (building) that is exclusively under the control of the 'owner' (occupant, tenant, employer, employee, etc.) This exclusivity is used to distinguish from common areas of apartment complexes, hotels/motels, etc. to include their parking lots, and in the OP's case the property he may own a half mile down the street.
As to 'His or her place of business', it's the same exception that applies to home, to include the property 'around' the business that is exclusive to that business.
The
Peoples case from 1973, the
Collins case from 1985, among others, at least one Florida Attorney General Opinion.
The courts generally align with this statement from the Collins case:
"Under Florida law, the phrase "at his home or business" refers to an individual's surrounding property as well as the buildings and structures situated thereon."
These opinions are based on the statute's declaration of policy which in pertinent part states:
The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property,
Which is quoted in all relevant case law.
ETA: Now that I read the above, it looks confusing...
One may carry openly (or concealed without a CWFL) on the property of (and in any buildings situated thereon) the place he lives. If that property is not considered 'common property' such as shared parking lots, apartment/hotel hallways, etc.
The same applies to someone at his place of business (which the courts have said is the place where he works, interns, volunteers, etc.)
