Here are my 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.
Thank you for your time:
M H
The Criminal Justice Committee of the State of Florida replied:
Although it would appear that there is a conflict between the statute and the Code, if we consider (4) of s. 790.25, we will understand that the statute cannot supersede something (a law, ordinance or regulation) that didn’t exist at the time the statute was passed.
During the 2006 Session, the Legislature directed the Florida Department of Environmental Protection to amend the Rule (see “state park no hunting” attachment). It seems one should look to the Rule for guidance because the amendment to the Rule, at the direction of the new law, came last. It eliminated the prior prohibition against possessing, using or carrying a firearm in a state park and instead set forth the parameters for possessing, using or carrying (see “final DEP Rule” attachment). Note that the new Rule prohibits use or open display in a state park.
With regard to the new Rule – although you are allowed to possess, perhaps carry concealed with the proper Department of Agriculture permit, it is probably even more wise to leave the firearm in the vehicle at the state park, properly encased and not accessible for immediate use if no such permit is possessed.
While the line in s. 790.25(3) states, “it is lawful for the following persons to own, possess, and lawfully use firearms…for lawful purposes”, one might should read “The provisions of ss. 790.053 and 790.06 do not apply in the following instances” as conservatively and “lawfully” as possible.
One might view that the criminal charges set forth in ss. 790.053 and 790.06 do not apply in the following instances…and plug in the exception in s. 790.25(3)(h)…”a person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition (although not openly carrying or using in a state park!)”
The common sense and most lawful meaning/approach would be to NOT openly carry a 9mm handgun until “engaged in” or “going to or returning from” one of the referenced activities.
Perhaps you might consider “going to or returning from” to mean you had left your vehicle and were walking to the fishing hole, a campsite or hunting land – and not into a convenience store. If I were carrying a 9mm handgun in my vehicle, I would find a way to do it lawfully.
