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2023 Statute change

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
This is a question about the recent change to 790.25.

In my position it involves whether or not the provisions of 790.053 still apply under the new declaration of 790.25.

For those who are still reading, 790.053 is the prohibition of open carry in Florida.


2022 Statute
790.25

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

The key words here being "DO NOT APPLY" to the mentioned statutes, namely 790.053 (the prohibition of open carry).


2023 Statute
790.25

(2) LAWFUL USES.—Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law:


Previously the section (3) stated that the previously mentioned prohibition of open carry (790.053) did not apply (once you drilled down to the "hunting, fishing, camping" section which I won't bore you with for now.

The "new" statute for 2023 now says "Notwithstanding" 790.053 the following persons, etc. etc.

The question is how do you define the word "notwithstanding" in this context. Normal English language would say "In spite of" these statutes but is that how a court would interpret the word?

I'm thinking that saying "In spite of statute 790.053. the following persons, etc. doesn't really imply that the 790.053 statute doesn't apply in this instance, like it did in previous years.

If you don't open carry under the old statute then this thread will be pointless but if you do carry to hunting, fishing, camping and shooting, it might be of interest to you.

AD
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,974
Location
Cincinnati, Ohio, USA
Black's Law Dictionary 6th.
Non obstante Latin - Notwithstanding.
Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes.

Black's Law Dictionary 9th.
notwithstanding, Despite; in spite of <notwithstanding the conditions listed above, the landlord can terminate the lease if the tenant defaults>.

According to law "In spite of" means the same thing.
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Thanks.

I was obviously leaning that way but was starting to get bogged down doing many searches for valid definitions under law of the "notwithstanding" verbiage.

AD
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,974
Location
Cincinnati, Ohio, USA
I'm 74, and there were members that were older than me on this forum that are gone. There are a lot of gun forums that are gone. Two Ohio gun forums that were very active, one is gone and the other is on its last leg.

The supreme court is little by little getting the 2A restored. I don't see any young people involved and if they are I don't know where they are.

So I don't know what the answer is to liven-up the place. If and when this forum is gone I'm done. I don't post on any other forums. and won't.
 

DoubleTap

Regular Member
Joined
Aug 24, 2008
Messages
187
Location
Henrico, Virginia, USA
You remember the "good ole days" with Grapeshot, Skidmark, ETC.. ETC. Soooo many great conversations over the years. So much has changed. I think the younger generation is uninterested in actively engaging in this type of forum, much less being an advocate of the 2nd amendment. Too many other social media stuff that is all too consuming. ugh.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,889
Location
Granite State of Mind
Northeast Shooters is a hugely busy forum, but I have to admit most of the chat there is off topic. There's just not a lot of gun stuff to talk about from the legal side: NH is the gold standard for the entire country; VT and ME are slipping; MA, CT, and RI are mostly lost causes (but any glimmer of hope in MA is a huge step up for the oppressed masses there).

There are people of all ages on NES.
 

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
728
Location
Washington Island, WISCONSIN. Out in Lake Michigan
The older generation is still around. So is virtual social networking. I prefer networking with my neighbors (fence, barstool, pew) to suffering ‘moderation’ and ‘likes’. Better right than nice.

Meanwhile I am on the horns of a dilemma. On INDEPENDENCE DAY I have always been particularly careful to be armed, but this year I am just a few weeks from dominant hand surgery.
 

DoubleTap

Regular Member
Joined
Aug 24, 2008
Messages
187
Location
Henrico, Virginia, USA
KB Craig: Thank you for posting something worthy of reading! I'm going to check out the NES forum.

Nightmare: I like that kind of networking! Hope you hand heals well and quickly.

Happy 4th.
 
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