Newbie with a question about hiking in Florida

[tigre]

Hi everyone, I'm a brand new gun owner and am pretty new to most of this stuff. I've been learning a whole lot over the last few months, and bought a CZ P-01 last week. I was not initially planning on getting a concealed handgun license any time soon for a couple of reasons: 1) I'm kind of a small person and the P-01 is a bit big for the amount of real estate I've got to hide it on, and 2) I'm a grad student so I spend most of my time at school where I couldn't carry anyways.

So, my new friend will stay at home and come to the range, but I also want to take it hiking and kayaking, particularly when I'm out alone. I've read that unlicensed people can carry while hunting, fishing, or camping, but what I'm not sure of is whether day hiking and paddling would count under those activities, and whether I would be allowed to carry concealed or if it's open carry (which is generally illegal in Florida). I know these are kind of specific questions, but I figure there might be a reasonable number of Floridians around here and maybe some of them get out into the woods a bit here and there. And anyone else who might be interested is more than welcome to help me make sense of the laws.

The relevant statute is 790.25(3)(h), which states:

790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(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.

790.06 License to carry concealed weapon or firearm.--

My reading of it, and the statutes it refers to, is that I could carry either open or concealed while engaged in any of those activities. But, I looked at the rules of some of the public lands areas I like to go to, and they specifically state that no guns are allowed outside of hunting season unless you have a CHL. I'm not sure who has the ultimate authority here, so I was wondering if anyone else had any idea.

 

[Solo Flyer]

Open Carry is not possible in FL except at your residence or business.
To CCW anywhere a permit is a necessity.Day hiking and kayaking you need that CCW.Just go for it:

http://licgweb.doacs.state.fl.us/weapons/apply.html

Hunting is another situation as you have seen in the statutes.

http://www.leg.state.fl.us/statutes...tm&StatuteYear=2007&Title=->2007->Chapter 790

Others will add advice.And welcome to THR!

 

[tigre]

Hunting is another situation as you have seen in the statutes.

Well yes, but fishing and camping are included in the same statute and guns aren't a necessary component of either of those activities. I'll definitely get a CHL if I need one, but that's pretty much the only time I feel the need to carry and if I can avoid being in a gun license database I'd prefer to do that. Call it paranoia if you want to.

 

[Funderb]

long arms are what they are trying to refer to in that law. not concealed handguns.

 

[Solo Flyer]

Call it paranoia if you want to

I don't call it paranoia,I call it personal choice.

 

[dogrunner]

The statute is clear on it's face insofar as carriage goes............the problem is that on WMA's or other public lands managed by them, the FWC has regulatory power and prohibits the practice other than for ccw licensee's other than during the hunting seasons.

The carriage is NOT limited to long guns and as long as one has legal access one may carry as the statute provides..........the problem is the legal access issue. Remember that in Florida trespass with a firearm is a felony, even to hunt or fish, so be sure you are legally able to access that land.'

You might want to review Gutmacher's book on Florida firearms law.

 

[kentucky_Dave]

We Floridians are so lucky to have Gators as protected species.

Now we have so many that fishing is a battle of working an area before a dang gator moves in on your lures...
Kayaking is even more "Interesting" with these suckers around.

I think CWP is a smart move here...."just in case" because these gators are getting more comfortable with people around.
The idiots feeding them does not help either.

I have become uber paranoid of taking the little kids fishing because of the gators being everywhere.

Good thing we are protecting the important species

Get your CWP.

If you are unsure, talk with your local management area director.

 

[Dave P]

"long arms are what they are trying to refer to in that law."

I don't believe that statement. Do you have any data to back that up?

I always liked the exemption for fishing. I read it as a pistol in your tackle box or under your rain jacket is A-OK.

But to the OP, whether or not you will carry often, get the dang permit! It makes life so much easier in FLA. And Isn't having a weapon in your kayak same as having one in your truck - extension of your home and castle law etc??

 

[feedthehogs]

Why take the chance of having to fight with law enforcement over the understanding of the law?

Get the permit whether you plan to carry everyday or not.

 

[tigre]

We Floridians are so lucky to have Gators as protected species.

Now we have so many that fishing is a battle of working an area before a dang gator moves in on your lures...
Kayaking is even more "Interesting" with these suckers around.

I think CWP is a smart move here...."just in case" because these gators are getting more comfortable with people around.
The idiots feeding them does not help either.

Oh heck, I like the gators. I'm quite comfortable around them, for the most part (though I'd like to do bad things to the people who feed them). It's almost exclusively the two-legged kind of predator I'm concerned with.

The statute is clear on it's face insofar as carriage goes............the problem is that on WMA's or other public lands managed by them, the FWC has regulatory power and prohibits the practice other than for ccw licensee's other than during the hunting seasons.

The carriage is NOT limited to long guns and as long as one has legal access one may carry as the statute provides..........the problem is the legal access issue. Remember that in Florida trespass with a firearm is a felony, even to hunt or fish, so be sure you are legally able to access that land.'

You might want to review Gutmacher's book on Florida firearms law.

That makes sense, and I think I will get that book. So I guess I'll have to get a permit anyways. It's at least transferable to the states I'm likely to move to when I get out of here next year.

 

[Funderb]

Why take the chance of having to fight with law enforcement over the understanding of the law?

Get the permit whether you plan to carry everyday or not.

+1

about the long arms, read the wrong part the wrong way, my bad.

 

[Ed N.]

Notice that the statute says: :...or going to or returning from a fishing, camping, or lawful hunting expedition"

Just take a fishing rod with you while kayaking. Heck, carry one while you're hiking! Get yourself a collapsible rod that you can drop into a daypack plus a fishing license and you're all set.

 

[.cheese.]

OP - I have started kayaking with a gun. S&W model 610. I keep it in a pelican case.

To my knowledge it could be open carried if I got a fishing license and did some fishing while kayaking.

 

[JohnMcD348]

The way the law reads and from what I have been told by F&W officers is that when I am out with my family, camping or fishing, I can hae a firearm on my person. It must be carried legally and be a legally possesse firearm. I keep it on my belt in a secured holster when trail walking. Granted, I carry it at about the 4-5 oclock position and my daypack pretty well obscured it from obvious site for the sake of other trail walkers I may encounter along the trail. I also keep it with me when going to a fishing spot. I keep it with me at night when camping and close by when asleep. All of those times are legal for me to have a handgun in my possesion, with or without a CCW. It is loaded and intended for portection against snakes or other wildlife I may unintentionally encounter on less than friendly terms. It's not loaded in a manner that would easily be construed as a hunting handgun being used out of season.

When I started taking my wife camping, she was concerned about going to Ocala and being out in some of the primitive sites. When the local wildlife officers would cruise through I would talk to them and broach the topic of firearms(out of season) for the wifes sake...... and that is what I was told by each of them. I do have a CCW but was never asked to present it by any of the officers I've talked to.
As one once said, a pistol is one thing, if you were carrying a 30-06 and trying to convince me it was for personal defense out of season, I would have a hard time believing you shot that deer in self defense......