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Florida Gun Law Question

Discussion in 'Legal' started by JaxNovice, Dec 8, 2008.

  1. JaxNovice

    JaxNovice member

    Can I, as a home owner, walk around my property with a pistol openly holstered?
    Last edited: Dec 8, 2008
  2. tblt

    tblt member

    I belive you can only on your property
  3. fiddleharp

    fiddleharp Well-Known Member

    I grew up in Florida and I've been confused about our gun laws for at least forty years.
    Can we carry handguns in our cars or can't we? I get a different answer from everybody, official or otherwise, I ask!
    As far as you question goes, it probably depends on the mood the cop is in when he/she responds to your neighbor's 911 call. :rolleyes:
  4. JaxNovice

    JaxNovice member

    I got a definitive answer today from the police officer who pulled me over and spotted my Glock in the backseat (it was in the box). When he went to run my drivers license he took the gun and ran the serial number as well. He put it back into my car and we chatted a bit on his preference to a Beretta 96 which he carries and the Glock 22.
  5. JaxNovice

    JaxNovice member

    I also want to know where the hell my CCW license is!! I sent in the application on 9/22.
  6. 5 Screw Smith

    5 Screw Smith Member

    I wouldn't do that in Miami. A neighbor will call 911 and a SWAT team will come calling. :eek:
  7. divemedic

    divemedic Well-Known Member

    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.

    So what does the law provide for?

    790.25 Lawful ownership, possession, and use of firearms and other weapons.-- <snip>

    (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;


    (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;


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

    So there you have it.
  8. withdrawn34

    withdrawn34 Member.

    It isn't a problem, but as has been said, definitley use some common sense depending on your situation. I know I certainly wouldn't, at least, in the front yard as I'm sure someone would be calling the cops.

    Inside the house, it doesn't matter. You can even carry concealed in your own home even if you don't have a license. It's your house, after all.
  9. divemedic

    divemedic Well-Known Member

    There is absolutely nothing the cops can do to you, unless they want to pay you large amounts of money from the wrongful arrest lawsuit that will follow.
  10. MagnumDweeb

    MagnumDweeb Well-Known Member

    As I have done, feel free to write to your local sheriff and get an official stamped letter from his office in regards to your question. Cite the Department of Agriculture's stance on the matter as well as statutory language. And for good measure, because I mow yards on the weekend while I'm in law school, go ahead and do the same with the local police chief, and District Attorney. You may have to be a pest, actually are going to have to be, and go to the offices. Keep the signed and stamped official letters in your wallet and carry on your property in good confidence.

    I mow yards and carry openly when I mow my parent's yard because I have express permission to be on the property and have a signed notarized statement from them to that extent and to mow my neighbor's yards I just put a denim shirt on over my carry pieces. Have gotten a share of 'suspicious' individuals driving through my parent's neighborhood and I think seeing me with a shoulder holster and exposed IWB sends a message that it's gun friendly neighborhood. And yes police driving by have stoped me, I've shown them the letters which causes them to have a rather hilarious confused look on their face and they start asking questions about how I got the letters and if I'm friends with the folks, I usually stay mute on the matter with "I don't know what I'm allowed to say."

    Remember to get explicit permission, don't want to take chances, and as someone who is not yet a lawyer, be sure to talk to a lawyer before relying on anyone's possible legal advice. CYA
    Last edited: Dec 9, 2008
  11. Curator

    Curator Well-Known Member

    Open carry in Florida can be construed as "branishing a weapon", a crime. Open carry on large rural property owned by you or with the written permission of the owner and not visable to public highways is OK since anyone viewing the weapon would be either a trespasser or someone who would expect you to be there with a gun.

    There are numerous incidents in Florida of people appearing in the window of their house with a holstered weapon being arrested for branishing a weapon. Police officer sometimes have a difficult time with this, but the determining factor is whether the "public display" of a weapon creates an atomsphere of threat or intimidation. In your private, fenced back yard, someone would have to make an effort to view you with your gun. In your front yard, open carry could be seen as branishing.
  12. Lone_Gunman

    Lone_Gunman Well-Known Member

    Why did he run the serial number on your gun?

    Did he ask if he could?
  13. JaxNovice

    JaxNovice member

    I have no idea why he did it. He did not ask as he took my Glock case from my backseat and took it with him to his car. From my mirror I saw him call him my license and then put my gun case on his dash, open it, take out my G17, and read off the serial number to the person on the other end of the CB. I am strictly assuming this is what he did as I was not in the car, but it was fairly obvious. When he came back he told me "everything checked out fine" as he put it back in my trunk.
  14. withdrawn34

    withdrawn34 Member.

    True, but it saves the trouble. Sometimes one doesn't always have time to have to deal with the police.
  15. PLRinmypocket

    PLRinmypocket Well-Known Member

    Same reason he runs your drivers license, and car tag. I have a LEO friend and they always run the numbers that they can (car, DL, and ser#'s) to check for any warrants, or stolen property.

    He should have asked to see your gun, instead of just takeing it, (common courtesy IMO) but he can argue he was holding it for his own safety purposes I suppose.
  16. withdrawn34

    withdrawn34 Member.

    Florida isn't really up tight with accidentally showing a concealed carry. While you may alarm others if they see a bit of your carry arm showing, or printing, legally, you would normally be ok unless you were PURPOSELY trying to do so in an AGGRESSIVE or belligerent manner.

    So, while someone could accuse you of brandishing if you were open carrying in your front yard, for example, it is unlikely the LEO would agree, assuming you kept it holstered and your hand off the weapon and didn't try to use it as a device of intimidation towards a non-hostile. Of course, this all depends on the LEO.

    Florida doesn't have open carry (off one's own private property) but our brandishing laws are pretty reasonable IMO, and I assume they obviously extend onto one's own property as well.
  17. gym

    gym member

    When I owned the gym,in S.FL, I closed up around 11-12 at night, as soon as I went for the desk to get the cash I would holster my weapon prior to closing out, followed by locking up and leaving with gun in hand or hand on gun. I had a gym full of cops, and never was questioned about the procedure. Same goes for owner of any business or in your home. Got stoped for a citation, "once in 35 years", never left the vechicle, told officer I was legally armed, seemed fine with it. Gave me a speeder and have a nice day. If you look like a hoodlum, you will unfortunatelly be pre judged and treated as one. In new york I openly carried, under a jacket, in restaurants clubs my store, etc, and in 25 years I only had one problem with a rookie, but was never asked to see my license.
  18. divemedic

    divemedic Well-Known Member

    Firearms owners are a paranoid lot. Let's start by looking at the law. We have already discussed that open carry is legal while you are on your own property. Let's look at the only other law that could be used here:

    I do not see where you could say that a person in his own home with a weapon in a holster is exhibiting in a rude, careless, or angry manner, if viewed through his window.This has been proven by the courts on numerous occasions, and stands as I have said. The cases are:

    Peoples v State, 287 So. 2d 63 (Fla. 1973)- the Florida Supreme court ruled that if your home is a single family dwelling, not only are you permitted to carry a weapon in your home, but that all property connected to that home is also exempt.

    State v Anton, 700 So. 2d 743 (Fla. 2DCA 1997)- "It is not unlawful for a person to possess firearms at his home or place of business, including surrounding property, as well as buildings or structures situated thereon."

    Sherrod v State, 484 So. 2d 1279 (Fla. 4DCA 1986)- "(The) home exemption applied to the Defendant's driveway and yard."

    Collins v State, 475 So. 2d 968 (Fla. 4DCA 1985) states that the exemption may also include an adjacent sidewalk.

    It is important to note that the common areas of a condo or apartment building would not carry the exemption.
  19. barnetmill

    barnetmill Well-Known Member

    I have an 8.3 acre wooded lot in florida surrounded by the fenced backyards of neighbors and a wooded creek bottom. I carry semiconcealed. belt and holster covered by shirt or coat. I have have a CCW. I carry the gun as much for dogs and other animals as for people. I also live alone and do have a few firearms that someone might want to talk.

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