Florida Open Carry
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)karz10
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i think i saw that thread, and posted a question of my own to it, and the whole thing seems to be deleted, because when i look at my own post record, it's nowhere to be found
karz
karz
CapnBald
Member
No OC here
I had a long talk with the Wildlife Commission in Tallahassee and they said that there's no OC when hunting , fishing, or camping. The law is confusing to read so I called. It can confuse you right into trouble according to their reading of it. If for no other reason than that I'd like to see OC made legal here. It's a very poorly written part of the law.
I had a long talk with the Wildlife Commission in Tallahassee and they said that there's no OC when hunting , fishing, or camping. The law is confusing to read so I called. It can confuse you right into trouble according to their reading of it. If for no other reason than that I'd like to see OC made legal here. It's a very poorly written part of the law.
Gray Peterson
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lacoochee
Member
Don't you think that rather than go for Open Carry again (was passed once already and then quickly rescinded). That we should go for relaxing the rules on accidental exposure and/or printing?
Additionally, we should ask for more leeway on brandishing, currently in Florida if you draw and don't shoot you are in very serious trouble. The theory is that you aren't allowed to draw unless you in immediate danger of deadly or potentially deadly harm, so the rational is that if you draw and don't fire then you aren't being seriously threatened. This is a stupid theory as we all know the sometimes a situation with attacking goblins rapidly becomes whole sale retreat by those same goblins when they are stimulated by the sight of armed and deadly prey.
Just saying.....
Additionally, we should ask for more leeway on brandishing, currently in Florida if you draw and don't shoot you are in very serious trouble. The theory is that you aren't allowed to draw unless you in immediate danger of deadly or potentially deadly harm, so the rational is that if you draw and don't fire then you aren't being seriously threatened. This is a stupid theory as we all know the sometimes a situation with attacking goblins rapidly becomes whole sale retreat by those same goblins when they are stimulated by the sight of armed and deadly prey.
Just saying.....
feedthehogs
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It all depends on the county and states attorney.
But the most important thing is if you feel that death or great bodily harm is about to happen and you pull your firearm, then by God shoot.
CapnBald
Member
I'd like to see OC allowed mainly because it should be. I've had my permit for a long time so personally I don't really need it. It would just be a conventient option. Maybe or not you would want to open carry when fishing or camping. A earlier poster said that the Game & Fish Dept. in Tallahassee misinformed me about open carry. He may be correct, but the people within the state who would be writting the citation are the ones I think I will listen to.
It would be good to have a more lenient law on accidentally exposing of your weapon and so called brandishing. In this area of the state I don't think I'd be in trouble if the wind blew my cover garment but in some places down here you might be in trouble. I wouldn't want it to happen in Miami or Palm Beach.
It would be good to have a more lenient law on accidentally exposing of your weapon and so called brandishing. In this area of the state I don't think I'd be in trouble if the wind blew my cover garment but in some places down here you might be in trouble. I wouldn't want it to happen in Miami or Palm Beach.
By statute and case law, the public draw of a firearm represents "force" and not "lethal force". The standard by which such use of force is warranted is different for the two. Only if you discharge the firearm, does it become "lethal force". Even into the air, or the ground. So "firing a warning shot" is definately out.
Obviously, whether or not your life is easy depends on the circumstances and the individual district attorney.
In my particular case, it was to stop the imminent assault by 5 individuals while waiting at an ATM. I reported the incident, and just had to fill out a statement form. [ with consent of my lawyer of course ] To my knowledge, none of the individuals came forward or were found.
Obviously, whether or not your life is easy depends on the circumstances and the individual district attorney.
In my particular case, it was to stop the imminent assault by 5 individuals while waiting at an ATM. I reported the incident, and just had to fill out a statement form. [ with consent of my lawyer of course ] To my knowledge, none of the individuals came forward or were found.
lacoochee
Member
Feedthehawgs are you advocating shooting a guy in the back if he turns and runs?
K_dawg, had those gentlemen called the Police and reported the incident it would have been you said, they said and you were the one holding the gun...
In Florida brandishing a weapon is considered deadly force punishable as a felony. The definition of branding is open to some interpretation but trust me when I say it will not likely be in your favor.
K_dawg, had those gentlemen called the Police and reported the incident it would have been you said, they said and you were the one holding the gun...
In Florida brandishing a weapon is considered deadly force punishable as a felony. The definition of branding is open to some interpretation but trust me when I say it will not likely be in your favor.
feedthehogs
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If he turns and runs then the threat of great bodily harm or death is gone.
If you felt the situation was bad enough to pull your firearm and due to the fact that either your too slow to shoot or that the suspect turns as you bring the gun to bear, then if you do not shoot, that certainly is not brandishing a firearm.
lacoochee
Member
But the way the law is written in Florida, an over zealous South Florida prosecutor could you use the current law to throw you under the jail in just this circumstance. Not sure how we headed down this road, I am just saying I would like to see something along the lines of Tennessee's concealed carry permits where it is technically legal to carry in the open if you have a carry license. I am not saying that I would not like to have open carry in Florida, I just think the former is more doable than the latter.
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