Open Carry in Florida while Hiking/Camping

[numaone]

Hello Y'all and happy holidays and New Year.

Florida hasn't traditionally been an open carry state. On the books, however, Florida statute 790.25 states

(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:

790.053 prohibits openly carrying a firearm. However, I believe if you are camping, fishing, or lawfully hunting, you may openly carry. Subsection states:

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

This is backed up by a recent release by the Florida Department of Environmental Protection Bulletin 09-03 which states

FROM: Tracey S. Hartman, Sr. Attorney, Office of the General Counsel

SUBJECT: Open Display of Firearms in State Parks


The Department is interpreting rule 62D-2.014(10) to be consistent with section 790.25(3)(h), Florida Statutes, regarding the open display of firearms. This will allow persons visiting the state parks to lawfully display firearms while they are engaged in fishing, or camping or going to or returning from a fishing, camping, or lawful hunting expedition. It remains a criminal violation of section 258.008(3)(e) for any person to engage in the act of hunting within the boundaries of a state park without first obtaining the express permission of the Division of Recreation and Parks.

The Department still fully intends to enforce the strictures of Chapter 790 in the parks, including the prohibitions against the improper exhibition of dangerous weapons or firearms, discharging a firearm in public, using a firearm while under the influence, shooting into dwellings, public or private buildings and the safe storage of firearms. The rule still prohibits the use of weapons within the parks and requires that:

Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and, if in a tent, means the weapon shall be secured in a locked container.

As I have stated in previous bulletins, these memoranda cannot begin to address every situation an officer will encounter. It is intended merely to provide general information regarding the Department’s decision to interpret the rule in conformance with state law. The Department expects you to use you professional judgment based on the totality of circumstances and act accordingly.

Question: can I openly carry a shotgun while backpacking with a tent? The intent is to camp overnight, but I don't know how Florida defines "camping," and if it includes the hike. I usually CC, but I can't quite hide my SG. Second, if I go with a buddy, does anyone see a problem, legal or otherwise, with giving him an AR-15 to openly carry while backpacking?

Lastly, what's with that third paragraph that states the firearm must be secured in a locked container while in a tent? I can't find any statute that supports this ridiculous requirement.

Thanks for the advice,
Numaone

 

[divemedic]

can I openly carry a shotgun while backpacking with a tent? The intent is to camp overnight, but I don't know how Florida defines "camping," and if it includes the hike. I usually CC, but I can't quite hide my SG. Second, if I go with a buddy, does anyone see a problem, legal or otherwise, with giving him an AR-15 to openly carry while backpacking?

You are probably OK, but remember that the Bambi Police often look for ways to get people for poaching or being in a game preserve with a firearm. Someone else may have thoughts on that.

what's with that third paragraph that states the firearm must be secured in a locked container while in a tent? I can't find any statute that supports this ridiculous requirement.

Maybe from this?

790.115 (2) A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push-button combination lock or a trigger lock

 

[Mainsail]

Many states have this provision, and it's ambiguous in every one of them.