Florida - In your Home ?

[Chester32141]

I have a question re. the Open Carry in your home option here in Florida ... my girlfriend owns her own home in the state yet lives w/ me about 25 days a month ... if she grabbed one of my guns to defend herself against a criminal in my home would that be considered as her using it in her home ? How about if she used her own gun ? Can she open carry in my home while owning her own home in this state (no CWP)?

I spend a lot of time and $$ working w/ her at the range to prepare her to get her CWP ... I told her I'd pay for it but not until she's competent and not more of a danger to herself and others than she would be to an attacker ... she's come a long ways, just can't seem to get her to work on dry firing w/ snap caps like she should ...

I guess I'm wondering what the phrase 'in your home' actually means ...

Chester

 

[TexasRifleman]

It seems to me the Florida law doesn't just apply to homes, but (going form memory on their new law) "anywhere you have a legal right to be".

ETA: From the "Castle Doctrine" changes recently, well 2005 so I guess it's not that recent....

14 A person does not have a duty to retreat from a dwelling,

15 residence, vehicle, or place where the person has a right to

16 be.

And in the definitions portion:

(b) "Residence" means a dwelling in which a person

29 resides either temporarily or permanently or is visiting as an

30 invited guest.

That one seems to cover her.

Not a lawyer, but I can read

As far as open carrying in your home, there's a thread on that right now in General.

I claim that with permission of the property owner you can carry open or concealed just about anywhere you want.
I'm being challenged but no one can show why that is wrong.

It's my opinion that if I want to allow all my friends to open carry in my front yard that I can, and it would not violate any laws.

I'm waiting to see if someone can show a reason that would be incorrect.

 

[mp510]

I spend a lot of time and $$ working w/ her at the range to prepare her to get her CWP ... I told her I'd pay for it but not until she's competent and not more of a danger to herself and others than she would be to an attacker ... she's come a long ways, just can't seem to get her to work on dry firing w/ snap caps like she should ...

I would get the ball rolling on the paperwork ASAP. Considering the time that it takes to process them (mine was about 3.5 months mailbox to mailbox, before the election). Things are way backlogged now.

 

[iiibdsiil]

You don't need any preparation to apply for the CWP. Just let her go take the class. If she's fired a gun once before she's going to pass. You'll have plenty of time until it arrives to get her trained.

 

[Chester32141]

She doesn't need to pass a test since she has a DD214 ... I want her to be competent before I turn her loose on the world w/ a loaded gun ... if she wants to pay for her own permit she can get it anytime but if I'm gonna pay for it I want to know she's safe w/ it ...

It appears she's covered for the use of a gun in my home based on the Castle Doctrine but can she carry openly in my home as if it were her own and can she carry concealed in my home as if it were her own even though her legal residence is a different address in Florida ?

Chester

 

[MedWheeler]

She may open-carry while legally on private property owned by another with the consent/permission of the property owner. Her right to defend herself or another are not impacted by the fact that she is not on her own property, as long as she has a legal right to be where she is.