Open Carry Old West Style

[WalkingWolf]

No, it does not.
The topic under discussion is carrying a 'Antique Firearm' to circumvent the general prohibition against open carry of firearms in Florida. Not whether carrying an 'Antique Firearm' would be legal if you were carrying in compliance with the 'execptions' to that general prohibition. - Any fire firearm would be legal in such situations! :banghead:

Then prove it in court!

 

[WalkingWolf]

https://www.youtube.com/watch?v=j4XT-l-_3y0

Thank you! I should of thought of that, and he is exactly right, it does have to do with the interpretation of the word, and more important who is interpreting it.

 

[notalawyer]

But the statute said and I quote "ANY firearm". Again if you are so positive be a test case!

You really can't be that stupid, can you?

You fail to understand the subject of statutory construction.

The statute states: ". . . it is unlawful for any person to openly carry on or about his or her person any firearm. . . "

"Firearm" is statutorily defined (as I have already pointed out), and it CLEARLY excludes an "Antique Firearm" which term is also statutorily defined.
:banghead:

 

[WalkingWolf]

You fail to understand the subject of statutory construction.

The statute states: ". . . it is unlawful for any person to openly carry on or about his or her person any firearm. . . "

"Firearm" is statutorily defined (as I have already pointed out), and it CLEARLY excludes an "Antique Firearm" which term is also statutorily defined.
:banghead:

Then follow the advice of Nike "Just do it!" Strap on a BP revolver and OC until you get stopped. Report back to us the results.

 

[notalawyer]

Thank you! I should of thought of that, and he is exactly right, it does have to do with the interpretation of the word, and more important who is interpreting it.

The words are already defined in the statutes, no interpretation necessary. Case law bears this out.

 

[WalkingWolf]

The words are already defined in the statutes, no interpretation necessary. Case law bears this out.

Cite the case law that bears this out?

 

[notalawyer]

Then follow the advice of Nike "Just do it!" Strap on a BP revolver and OC until you get stopped. Report back to us the results.

Have no desire to do so, but I have already pointed out the high probability of what will happen.

Arrest - Perfectly lawful based on PC.
Prosecution - Likely based on 'douchbagginees' of SA assigned.
Court - Case dismissed as a matter of law when defendant provides evidence of the firearm's "Antiqueness" or replica status.

 

[notalawyer]

Cite the case law that bears this out?

Already provided above.

 

[WalkingWolf]

Already provided above.

NO you did not, that is a outright lie. Citing statutes and citing case law are not the same. YOU claim that CASE law bears it out. NOW prove it with verifiable cites to cases of Fl of any person arrested with a antique firearm that was overturned on the basis that it was a antique firearm.

 

[JamesB]

HEY!!

Out of the sandbox!

Water pistols at thirty paces.

 

[mobiushky]

HEY!!

Out of the sandbox!

Water pistols at thirty paces.

But, I truly enjoy reading these lively debates about Colorado law in the Colorado section of the... Oh. Never mind.

 

[WalkingWolf]

But, I truly enjoy reading these lively debates about Colorado law in the Colorado section of the... Oh. Never mind.

What happens in one state can affect another state, plus we are not a state specific community. State subforums are part of OCDO, not the other way around. It is not unusual for members of one state to solicit support from all members. I agree the Fl discussion belongs in the Fl subforum, but I respond to posts where they are. For some reason it drifted into a Fl discussion.

Plus IMO the intent of the OP was not state specific, he just posted it in a state subforum. Considering that OC is legal in Co there really is no issue as to any OC'd firearm.

 

[mobiushky]

Considering that OC is legal in Co there really is no issue as to any OC'd firearm.

Exactly.

 

[fighting_for_freedom]

Plus IMO the intent of the OP was not state specific, he just posted it in a state subforum. Considering that OC is legal in Co there really is no issue as to any OC'd firearm.

And you would be correct. The intent was to discuss revolvers (or BP firearms of any nature), for those of us who enjoy such things. I think the original post BrianB made and several after were more or less on topic and relevant. In my opinion, this has devolved a bit past the original intent, but who am I to censor?

We might, however, consider creating a topic in the Florida subforum to discuss the legality of BP carry in Florida, where it would be more appropriate and useful to other members.

Or you can continue that discussion here, makes no difference to me, although it might derail this topic enough to make it irrelevant. Carry on, gentlemen....

 

[BrianB]

Sorry to have started a heated debate that veered away from the original topic. It began innocently enough as a "I'd like to do the same as the OP - with a wrinkle" and went from there.

I think it's a good convo, but it has highjacked the OP's topic, so I have created a new topic in the Florida forum: link

Sorry for the highjack. Back to your regularly scheduled programming.

 

[fighting_for_freedom]

Sorry to have started a heated debate that veered away from the original topic. It began innocently enough as a "I'd like to do the same as the OP - with a wrinkle" and went from there.

I think it's a good convo, but it has highjacked the OP's topic, so I have created a new topic in the Florida forum: link

Sorry for the highjack. Back to your regularly scheduled programming.

Hey, no apologies needed. You posted something that, IMHO, was completely on topic. The thread may have devolved from there, but I can't point fingers at anybody - it's just where the conversation went. Although, it is good to have moved the conversation away from this thread.

If you're new to blackpowder firearms, and need any tips or advice, feel free to PM me and I'll see what I can offer. I'm not particularly proficient with them myself, but I can get around, and am pretty decent with powder volumes and different loads. Accuracy with these things is another story, I still haven't figured it out. I mean, I can put all my lead on a target at 25 yards, but not with any great grouping. I'm sure that if I actually made the time to go out and practice, I'd get the hang of it, but I haven't been able to get out and shoot in months.

As a note: Pyrodex and the like are great: they burn much cleaner than black powder, and make cleaning your gun A LOT easier. However, the burn rate is considerably slower, and you lose quite a bit of velocity. Pyrodex makes great general-use powder, but you'll want to get your hands on some REAL black powder and try it. It's so much more fun, makes a bigger bang and boom, and pushes roundball like nobody's business. Be careful with it though, there's a reason it's classified as an explosive. Very volatile. Never load a BP with real blackpowder after firing it - make sure there is NO WAY there are any burning bits of powder left in that gun.