Firearm & Gun Forum - FireArmsTalk.com

Firearm & Gun Forum - FireArmsTalk.com (http://www.firearmstalk.com/forums/)
-   Florida Gun Forum (http://www.firearmstalk.com/forums/f122/)
-   -   No more open carry while sporting? (http://www.firearmstalk.com/forums/f122/no-more-open-carry-while-sporting-99010/)

CJx 10-17-2013 06:34 AM

No more open carry while sporting?
 
Looking at state statue 790.53, it seems FL has done away with the subsection allowing people to openly carry while hunting, fishing, target shooting, and while going to and from those activities... is this correct? Seriously will be irate if this is true.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

Edit- the link for open carry was moved in 2013, open carry of firearm subsections are in place, see Florida state statue 790.

This thread can be closed if the mods want

danf_fl 10-18-2013 11:47 AM

If you do not have a CWP, you cannot carry concealed.

The law allows for "A person may openly carry, for purposes of lawful self-defense:"

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode= Display_Statute&Search_String=790.053&URL=0700-0799/0790/Sections/0790.053.html

I still would call the Florida Wildlife Commission.
http://myfwc.com/

Doc3402 10-18-2013 12:43 PM

Quote:

Originally Posted by danf_fl (Post 1405221)
If you do not have a CWP, you cannot carry concealed.

The law allows for "A person may openly carry, for purposes of lawful self-defense:"

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode= Display_Statute&Search_String=790.053&URL=0700-0799/0790/Sections/0790.053.html

I still would call the Florida Wildlife Commission.
http://myfwc.com/

I'm sorry to disagree with you, but the weapons approved for open carry by your quoted statute are listed, and they don't include firearms.

Quote:

(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
You can read through FS 790.25 and see if that helps, but it's just vague enough that I'm not going to risk it. I have a concealed carry permit, so I will use it. You want to read FS 790.25 (3) (h) and see how it fits in context with the rest of FS 790.25.

Doc3402 10-18-2013 12:54 PM

Quote:

Originally Posted by CJx (Post 1404116)
Looking at state statue 790.53, it seems FL has done away with the subsection allowing people to openly carry while hunting, fishing, target shooting, and while going to and from those activities... is this correct? Seriously will be irate if this is true.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

Edit- the link for open carry was moved in 2013, open carry of firearm subsections are in place, see Florida state statue 790.

This thread can be closed if the mods want

Would you mind sharing a link to the specific chapter with us? It would sure save me a lot of eyestrain. Thanks

CJx 10-18-2013 12:59 PM

Quote:

Originally Posted by Doc3402 (Post 1405252)
I'm sorry to disagree with you, but the weapons approved for open carry by your quoted statute are listed, and they don't include firearms.



You can read through FS 790.25 and see if that helps, but it's just vague enough that I'm not going to risk it. I have a concealed carry permit, so I will use it. You want to read FS 790.25 (3) (h) and see how it fits in context with the rest of FS 790.25.

Are you disagreeing with me? Or the guy you quoted. I'm assuming you are disagreeing with me and saying you can not open carry a firearm, only non-stun gun, pepper spray or w/e it said.

However, if you read statue 790.25 (http://flsenate.gov/Laws/Statutes/2013/790.25), section 3 subsections G and H, it clearly says:
(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:
(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;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

790.53 is the exempted open carry statue http://flsenate.gov/Laws/Statutes/2012/790.053

Doc3402 10-18-2013 01:38 PM

Quote:

Originally Posted by CJx (Post 1405262)
Are you disagreeing with me? Or the guy you quoted. I'm assuming you are disagreeing with me and saying you can not open carry a firearm, only non-stun gun, pepper spray or w/e it said.

However, if you read statue 790.25 (http://flsenate.gov/Laws/Statutes/2013/790.25), section 3 subsections G and H, it clearly says:
(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:
(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;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

790.53 is the exempted open carry statue http://flsenate.gov/Laws/Statutes/2012/790.053

I was disagreeing with the guy I quoted.

I also find a flaw in your quoted statute. It does not specify open carry of a firearm. Hunting fishing and camping are specified as lawful uses, but nothing says you can carry openly. Even though you are probably right, I'm not going to bet on "probably". I have a concealed carry permit, and I will use it just to be on the safe side.

CJx 10-18-2013 01:40 PM

Quote:

Originally Posted by Doc3402 (Post 1405291)
I was disagreeing with the guy I quoted.

I also find a flaw in your quoted statute. It does not specify open carry of a firearm. Hunting fishing and camping are specified as lawful uses, but nothing says you can carry openly. Even though you are probably right, I'm not going to bet on "probably". I have a concealed carry permit, and I will use it just to be on the safe side.

(3) LAWFUL USES.—The provisions of ss. 790.053(open carry statue) 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:

Use of firearms is explicitly specified

Doc3402 10-18-2013 01:43 PM

Quote:

Originally Posted by CJx (Post 1405294)
(3) LAWFUL USES.—The provisions of ss. 790.053(open carry statue) and 790.06 do not apply in the following instances, and, despite such sections, it islawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

Crap! Looks like we both have eye problems this morning. Thanks for correcting me. Time to get my eyes checked.

CJx 10-18-2013 01:45 PM

Quote:

Originally Posted by Doc3402 (Post 1405296)
Crap! Looks like we both have eye problems this morning. Thanks for correcting me. Time to get my eyes checked.

Haha I don't know what it is about this mornin man, lol

Doc3402 10-18-2013 10:22 PM

Quote:

Originally Posted by CJx (Post 1405297)
Haha I don't know what it is about this mornin man, lol

I think the forum must have changed the font on us. Yeah, that's the ticket.:o


All times are GMT. The time now is 05:13 AM.

Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.