Florida Need 1 Question Answered

May I open carry on my property which includes another residence where my best friend lives who has absolutely no problem with it?

Exactly what the person above said. We just covered this statute in class. As much as it doesn't make sense, the law is the law.

"May I open carry on my property..."
In short the answer is yes. Neither the state on OC nor the statute on CC stated above apply when on private property.

FL statute 790.25:
(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:
(n) A person possessing arms at his or her home or place of business;

790.06 covers CC; 790.53 covers OC. Those statutes do NOT apply on your private property or business. Therefore, Yes, you can OC OR CC (without a CWFL) on your private property.

Such is the fallacy of the CWFL classes who do not require knowing SS 790 in it entirety. They present one statute as gosple when others override.

I disagree with those saying no open carry at home...(although keep in mind I am not a lawyer)

It is ABSOLUTELY OK to carry openly on your own property. Anywhere on your property, inside or out, right up to the property line. That does NOT mean on the public sidewalk which may run across your property, and it does NOT mean in or on common areas in a condominium.

FLORIDA FIREARMS Law, Use & Ownership Book | Orlando Criminal Defense Lawyer Jon H. Gutmacher Recommended book for any of us in FL


THE PROVISIONS OF ss.790.053 and 790.06 DO NOT APPLY...

790.25
(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:

(n) A person possessing arms at his or her home or place of business;

I was first! ;-)

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Originally Posted by OldVet

I was first! ;-)

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Lol by seconds... Congratulations! ;)

I'm just glad to see I had the same answer...

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Originally Posted by SL1ckOne

Exactly what the person above said. We just covered this statute in class. As much as it doesn't make sense, the law is the law.

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You took a CC class, not an OC class. Poor information from your instructor. He should know that you can CC without a permit on your own property or business as that's the law. This is the reason I am not in favor of most "wham, bam, thank you ma'am" CWFL classes as too many are hastily presented by un-knowledgeable instructors. Part of getting your license is knowledge of ss 790. That goes for instructors also.

I learned long ago to not believe what my superiors who should know say, including many instructors, and to look up the regulation or law myself. I usually found that the heralded advice given was incorrect.

When dealing with fireams and self defence, know your state law, not what someone told you in a class--or here. LOOK IT UP!

Do you NOT see where it states 790.053 and 790.06 DO NOT apply? Read my previous post, pasted directly from the state statute. The restrictions on OC stated in 790.053 do not apply on private property.

Read 790.053 in its entirety. There's nothing else I can point out to be clearer on this.

Your post did not specify you were the owner of both properties..it seemed to but was not specific. If you are the property owner and your friend is renting from you I would agree that you are ok as the property owner.

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Originally Posted by OldVet

Do you NOT see where it states 790.053 and 790.06 DO NOT apply? Read my previous post, pasted directly from the state statute. The restrictions on OC stated in 790.053 do not apply on private property.

Read 790.053 in its entirety. There's nothing else I can point out to be clearer on this.

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This. You absolutely can OC on your property. Been there done that and know for fact.

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Originally Posted by Fla

It says you may posses at home or place of business. That means you do not have to have a permit of any kind. It does NOT say you are exempt from open carry laws. The statute says it over rides the other 2 statutes for the specific laws mentioned. Open carry is not mentioned outside the home even on private property. It does not even specifically state you can OPEN carry with the hunting fishing exception. Just that you may possess one.

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Every gun shop I have been in you will find the owner and employees open carrying. His/Her property, his/her place of business. Must be legal or there would be hundreds of folks in jail in Florida. Oh yeah, and all the statutes that have been cited.

And for one last retort, Jon Gutmacher says it's legal in his book, page 109.

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Originally Posted by Fla

A review of Florida law allows open carry only under specific conditions. This is covered under FS 790.25(3)(h), (j) and (k). "Anyone, while fishing, camping, or hunting....or while going to, or coming from fishing, camping, or hunting is exempt from the prohibition on open carry."
This would mean even tough on private property, if outside you can not open carry unless it meets the conditions of the above exemptions.

Note added. At a range you would not be in any hassle.

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You are completely wrong and need to read the Florida Statutes a few times.

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Originally Posted by OldVet

"May I open carry on my property..."
In short the answer is yes. Neither the state on OC nor the statute on CC stated above apply when on private property.

FL statute 790.25:
(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:
(n) A person possessing arms at his or her home or place of business;

790.06 covers CC; 790.53 covers OC. Those statutes do NOT apply on your private property or business. Therefore, Yes, you can OC OR CC (without a CWFL) on your private property.

Such is the fallacy of the CWFL classes who do not require knowing SS 790 in it entirety. They present one statute as gosple when others override.

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Pay attention to what these statutes read. Old Vet is correct. Open carry on, in and around your personal home, land and at your personal business is not restricted by the laws of open carry. I also open carried every day at my work when I worked at a gun store.

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Originally Posted by Fla

It says you may posses at home or place of business. That means you do not have to have a permit of any kind. It does NOT say you are exempt from open carry laws.

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Yes it does. It clearly says in that section that these laws for "Open Carry" DO NOT APPLY under the circumstances outlined below that.

You can legally open carry on any privately owned property as long as the property owner does not object to firearms.

You are also allowed to open carry when hunting, fishing and camping or going to or returning from hunting camping and fishing.

No I am not the property owner, but another good friend is. I have a cwp from FL but I constantly walk around our property in "concealed carry". Get worried sometimes when working outside my other neighbors might report me as a MWAG and have to through the hassle of a police response. Thank's Bob.

You don't have to be the "property owner," the statute 790.25 states "A person possessing arms at his or her home or place of business;" Your residence, your place of abode, is your "home." You would not, however, be exempt from OC violation at someone else's home.