Castle Doctrine help

[justin 561]

I'm going camping on friday, and would like to get some information regarding the Castle Doctrine. Well, If I bring my rifle or shotgun camping, and SHTF and attacked by a animal or human, am I able to invoke the Castle doctrine if need be? It will be a last resort if it even gets that far. I'm not to positive about State park laws, or "public" camp sites and private camp sites, and if its possible to camp with a rifle or shotgun, what my options would be, and if I will be in the "legal clear." Thanks in advance.

 

[divemedic]

From 776.013:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

snip

(5) As used in this section, the term:

(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

 

[eric.cartman]

And remember, open carry is legal while... CAMPING!!!

 

[justin 561]

Thanks for the clarification. With open carry do I need a CCW, and does it have to be a pistol only?

 

[Solo Flyer]

justin,here's an interesting thread on Florida OC from another website.Be careful OC'ing in Florida.The rules are sticky and you can only do it in very limited circumstances.
The poster on this thread found that out :
http://opencarry.mywowbb.com/forum17/4633-2.html

Fl Statute 790.25 Sect.2 Subsection(h).Copy and paste:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=->2007->Ch0790->Section%2025#0790.25

 

[mr.72]

also remember the gun ban on US Army Corps of Engineers land (that is, a lot of camping areas near lakes) and also National Parks.

 

[justin 561]

Thanks Solo and Mr. 71. I appreciate the help.

I have found this while reading that post:



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

From what I've verbally been told from state park rangers is I'm allowed to have my pistol, shotgun, or rifle with me camping, as long as I'm not displaying it, or cleaning it openly. The local Florida Fish and Wildlife office is closed till Monday, so I'll report back with what they say about the open carry of a pistol, rifle or shotgun and the laws/regulations concerning this.

 

[mortpes]

Be careful regarding the hunting laws. If there is any change at all you may shoot an animal or somehow be identified as a hunter you better get the correct permits.

 

[gideon_70]

The laws conflict

I just wrote my rep with these questions:

Dear Sirs: I have encountered what seems to be a conflict between Florida State Laws and the Florida Administrative code. According to FS 790.25(3)(h), I have the right to openly carry a sidearm while fishing, hunting, or camping and going to a fishing hunting or camping trip. According to FS 790.25(4), 790.25 supersedes any other law, ordinance or regulation that it is in conflict with. But, according to Florida Administrative Code 62D-2.014(10), “No person shall use or openly display in any state park weapons such as firearms of any type…” As a result, I have two distinctly conflicting laws.

In addition, there are a couple of questions about the law that I cannot seem to figure out. For instance, I carry a 9mm firearm that is too large to conceal properly. I also feel very uncomfortable leaving that kind of a weapon in my vehicle if I make a stop for fuel or munchies - or if I need to walk to a store while fishing. Partially concealing it is illegal, and there will be cases where it is impractical to leave it with someone else.



So my questions are:

Do the laws conflict, and do I have follow state law, or administrative code?

Do I have the right to carry a gun, openly, while on my way to, while at, and on my way from, a fishing or camping trip as the law states?

If I am carrying a firearm, openly, from my house to a fishing trip, and need to purchase fuel or supplies, do I have to make special preparations to hide the firearm while doing so.

 

[divemedic]

I don't think there is a conflict there, if you look at the law from a lawyer's standpoint. If you are in a convenience store buying things, you are not on the way to a hunting or fishing trip, you are shopping.

If you are walking to the store, you are not on the way to or from fishing, you are on your way to a shopping spree.