Florida Open Carry Event - July 3rd.


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StogieC
June 9, 2010, 12:43 PM
We're having an Open Carry & Fishing Event in the Daytona Beach Area on Saturday July 3rd. Fitting that it is just before Independence day!

I've coordinated with the local PD and city attorney to make sure that there are no problems, the officers are educated on the law that allows this, and MWAG calls to 911 are treated properly.

RSVP and find more info at: http://www.meetup.com/Florida-Open-Carry/

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Rail Driver
June 9, 2010, 05:48 PM
Well, I broke the subject with the gf... She's more excited about going to the race promo trailers after the event if we go :)

StogieC
June 9, 2010, 05:57 PM
That's where I'll be that night... Coke Zero 400, under the lights!

Rail Driver
June 9, 2010, 06:07 PM
We've got tickets reserved for the 500 next year :rolleyes:

I'm not much of a nascar fan but it's fun to a point :)

oldgoat46
June 13, 2010, 11:17 PM
I dunno, The non gun public is gtting more and more freaky about the numbers of us here in Florida getting concealed permits. Seems to me hundreds of folks walking around with thier guns in the open in a public heavily populated place will create a backlash of bleating sheep that we just don't need. We are making ground, why push the envelope. People, Southerners especially get really angry when someone tries to shove something down our throats. We have the law that allows us to do it, why create a potential problem for ourselves?

cbrgator
June 13, 2010, 11:33 PM
Florida doesn't have OC. Can someone explain the law to me better?

FLAvalanche
June 14, 2010, 02:55 PM
Florida laws allow you to carry while fishing or hunting.

cbrgator
June 14, 2010, 07:50 PM
Fishing anywhere? Can I stand on the side of the road that runs along a canal in the middle of the suburbs and because I'm casting my line into the canal just have a gun on my hip? As far as I know, the law permits use and possession but nowhere does it say open carry.

FLAvalanche
June 14, 2010, 11:32 PM
I tend to agree with you gator, however a lot of people seem to interperet the law as stating that if you are legally fishing you may open carry.

I believe it's a grey area of the law and I don't want to be the test case.

Rail Driver
June 15, 2010, 12:57 AM
This is long, so I apologize. I thought it very important to support this event, and in order to make my point, that it's not a difference of interpretation, it's very clearly laid out in the law as written, no interpretation necessary. The exemption in question is highlighted in the relevant section, I include the rest of the section in order to illustrate that there is no contradictory law or statement in the section to negate it. While engaged in or traveling DIRECTLY to or from fishing/hunting/camping/etc, it is legal to open carry.

(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:

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

(c) Persons carrying out or training for emergency management duties under chapter 252;

(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

(k) A person firing weapons in a safe and secure indoor range for testing and target practice;

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

(n) A person possessing arms at his or her home or place of business;

(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators: ...(cut due to irrelevance, you can check via the link following this quote0

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=-%3E2009-%3ECh0790-%3ESection%2025#0790.25

FLAvalanche
June 15, 2010, 12:36 PM
Fuzzy I really think you guys should call Gutmacher and ask for his interpretation. If I remember correctly I think page 98 of his latest edition of Florida gun laws his interpretation was that you can carry concealed while hunting or fishing not openly.

I really think if you guys are going to do this a call to him would be the right thing to do. He's the leading gun attorney in Florida not some guy on the internet.

Rail Driver
June 15, 2010, 12:46 PM
First, let me state: I might just be "some guy on the internet" but my quote was cited directly from the Florida senate site, I tend to have at least some faith in the validity of the information.

That being said, I don't disagree with discussing the idea with an attorney as it's a smart way to know the possible consequences of standing up for your beliefs. After all, isn't this country founded on men willing to stand up for their beliefs in the face of much greater consequences (ie: death) instead of being ground under the heel of tyranny? Again I say: This is a good thing.

FLAvalanche
June 15, 2010, 02:35 PM
I wasn't referring to you as some guy on the internet.

Standing up for your beliefs is great as long as you can afford the attorney fees...

The OP said he's talked to the Sheriff's Office and the City Attorney, both of which I have no faith in when it comes to knowing Floriduh's laws. Gutmacher is the one to talk to.

brboyer
June 15, 2010, 02:51 PM
Fuzzy I really think you guys should call Gutmacher and ask for his interpretation. If I remember correctly I think page 98 of his latest edition of Florida gun laws his interpretation was that you can carry concealed while hunting or fishing not openly.

I really think if you guys are going to do this a call to him would be the right thing to do. He's the leading gun attorney in Florida not some guy on the internet.
No need to call anyone. Fuzzy posted the relavent statute. If you are fishing (camping or hunting) or on your way to/from it is perfectly legal to Openly Carry a firearm.

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:
. . .
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

790.053 Open carrying of weapons.--

(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

emb
June 15, 2010, 03:02 PM
F.S. 790.053 makes it a crime to open carry and 790.06 makes it a crime to carry concealed without a license. F. S. 790.25 as cited above states that F. S. 790.053 and 790.06 do not apply to the persons and activities that follow. However, other provisions of F.S. Chapter 790 may apply.

22-rimfire
June 15, 2010, 03:32 PM
Looks like FL may sell a few more fishing licenses this month.

mustang_steve
June 15, 2010, 05:15 PM
Well, the license required is free, with a $2.25 online processing fee starting July first....so not so much a revenue maker than some may think.

kanook
June 15, 2010, 06:54 PM
Don't need a license when fishing with a cane pole

mustang_steve
June 15, 2010, 07:13 PM
I suspect the cane pole exemption is for your home county only.

cbrgator
June 16, 2010, 12:01 AM
EDIT

Sebastian the Ibis
June 26, 2010, 02:07 AM
Be careful and make sure you have a valid fishing license for wherever you are fishing. FL just changed some rule re saltwater fishing from land. I'd be 100% sure I was legal. Although as I read the statute it says "lawful hunting" but there is no such restriction on fishing. I would not want to be the test case.

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