numaone
Member
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
790.053 prohibits openly carrying a firearm. However, I believe if you are camping, fishing, or lawfully hunting, you may openly carry. Subsection states:
This is backed up by a recent release by the Florida Department of Environmental Protection Bulletin 09-03 which states
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
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
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