No more open carry while sporting?
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Old 10-17-2013, 05:34 AM   #1
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Default 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

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Old 10-18-2013, 10:47 AM   #2
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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/

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Old 10-18-2013, 11:43 AM   #3
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Originally Posted by danf_fl View Post
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.
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Old 10-18-2013, 11:54 AM   #4
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Originally Posted by CJx View Post
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
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Old 10-18-2013, 11:59 AM   #5
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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
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Old 10-18-2013, 12:38 PM   #6
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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.
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Old 10-18-2013, 12:40 PM   #7
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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
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Old 10-18-2013, 12:43 PM   #8
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(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.
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Old 10-18-2013, 12:45 PM   #9
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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
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Old 10-18-2013, 09:22 PM   #10
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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.
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