AWorthyOpponent
Member
Given the latest post getting us to sign a petition trying to amend the law, allowing people to Open Carry in Florida. Normally I wouldn't waste my time making this post because only 3-4 people would comment on it, but I was bored and figured I soothe my senses...so here goes...
Theoretically...
I know that in the state of Florida, 790.053 (LINK TO STATUTE HERE) prohibits open carry "Except as otherwise provided by law". Now if you take a look at 790.25 Lawful ownership, possession, and use of firearms and other weapons (LINK TO STATUTE HERE), you see under section (3):
This basically shows that anything under this section makes 790.053 null and void. Please put up with me as I go through this using my own logic...
This obviously makes it legal for LEO's to open carry. (a)(b)and(c) also permit military or emergency management people to open carry "when training or preparing themselves for military duty, or while subject to recall or mobilization"
Does this mean that if I am on my way to my IDPA competition, or private club's range, that I can openly carry? I understand that this would only truly entail getting to and from the car at your house because if you were to stop for ammo at say Wal-Mart, then you would be on your way to or from Wal-Mart.
Doesn't this mean that if I'm going camping in the woods, that I can openly carry while out there in the woods? Couldn't I openly carry on my boat while fishing in a lake or the ocean, or even at the pier while fishing? Further more, and i know this is really a stretch, but it doesn't say what kind of camping. Maybe they meant camping out for the early bird deals on the day after thanksgiving. Maybe its just when you're primitive camping. Who knows...I'm just throwing out thoughts...
Similar to (g), wouldn't this mean that if you're going to or from the range, you could open carry.
This one gets a little tricky, beacuse we do not know the proper definition of securely encased...lets take a look at 790.001(17)
Given that "Securely encased" includes "snapped in a holster", wouldn't this always allow a person traveling in a vehicle the option to open carry given that his/her holster has a snap or retention device of some kind?
As im sure we all know, this allows us to openly carry at our homes, on our property, and at our place of business (given that you are the owner, or the owner of the business allows you to)
Now, I know that open carry is illegal in Florida, but wouldn't this allow us to at least begin open carrying? Does anyone know of any case law, or any other laws that would limit any of these? I know that it seems black and white to me, but I'm also aware that its never cut and dry like that. There's always a gray area. But like I said, wouldnt this atleast begin to open a door or two for us? Maybe something that could give us some leverage?
Theoretically...
I know that in the state of Florida, 790.053 (LINK TO STATUTE HERE) prohibits open carry "Except as otherwise provided by law". Now if you take a look at 790.25 Lawful ownership, possession, and use of firearms and other weapons (LINK TO STATUTE HERE), you see under section (3):
(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:
This basically shows that anything under this section makes 790.053 null and void. Please put up with me as I go through this using my own logic...
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
This obviously makes it legal for LEO's to open carry. (a)(b)and(c) also permit military or emergency management people to open carry "when training or preparing themselves for military duty, or while subject to recall or mobilization"
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;
Does this mean that if I am on my way to my IDPA competition, or private club's range, that I can openly carry? I understand that this would only truly entail getting to and from the car at your house because if you were to stop for ammo at say Wal-Mart, then you would be on your way to or from Wal-Mart.
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
Doesn't this mean that if I'm going camping in the woods, that I can openly carry while out there in the woods? Couldn't I openly carry on my boat while fishing in a lake or the ocean, or even at the pier while fishing? Further more, and i know this is really a stretch, but it doesn't say what kind of camping. Maybe they meant camping out for the early bird deals on the day after thanksgiving. Maybe its just when you're primitive camping. Who knows...I'm just throwing out thoughts...
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
Similar to (g), wouldn't this mean that if you're going to or from the range, you could open carry.
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;
This one gets a little tricky, beacuse we do not know the proper definition of securely encased...lets take a look at 790.001(17)
(17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
Given that "Securely encased" includes "snapped in a holster", wouldn't this always allow a person traveling in a vehicle the option to open carry given that his/her holster has a snap or retention device of some kind?
(n) A person possessing arms at his or her home or place of business;
As im sure we all know, this allows us to openly carry at our homes, on our property, and at our place of business (given that you are the owner, or the owner of the business allows you to)
Now, I know that open carry is illegal in Florida, but wouldn't this allow us to at least begin open carrying? Does anyone know of any case law, or any other laws that would limit any of these? I know that it seems black and white to me, but I'm also aware that its never cut and dry like that. There's always a gray area. But like I said, wouldnt this atleast begin to open a door or two for us? Maybe something that could give us some leverage?
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