Carry while fishing without license? FL

Carry while fishing without license? FL

This is a discussion on Carry while fishing without license? FL within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I should receive my CWL in the next week or two however I am going fishing tomorrow and want to know if it is legal ...

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Thread: Carry while fishing without license? FL

  1. #1
    Member Array cv7713's Avatar
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    Carry while fishing without license? FL

    I should receive my CWL in the next week or two however I am going fishing tomorrow and want to know if it is legal to carry a pistol while fishing without a CWL? LEO's? I have a valid fishing license. There are two reason's (although I probably don't have to justify myself to this group): 1. I will be fishing from a canoe in gator territory. 2. The ramp is in the middle of nowhere.

    Also, if I carry should it be Open or Concealed? Any input is appreciated. Thank you.

    CV


  2. #2
    VIP Member Array David in FL's Avatar
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    Welcome from Central FL!


    When you took your CWL course, you should have received a copy of the state statutes. The applicable statute in this case is F.S. 790.25(3) which allows you to "own, possess, and lawfully use firearms while engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition"

    Joh Gutmacher, in his book on FL firearms law, on page 76, also mentions that in doing so, you may carry either open or concealed.

    FWIW, as a new CWL holder in FL, I'd highly recommend Jon's book. He's an attorney that specializes in Firearms Law and the book is well worth the money IMHO as it answers just about anything you could hope to ask with respect to interpretation of the FL statutes.

    Here's a link to his office site.....you can get a book directly from him if you like.

    ORLANDO CRIMINAL DEFENSE ATTORNEY | AGGRAVATED BATTERY DEFENSE LAWYER JON H. GUTMACHER, Esq.


    Good luck fishin'!
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  3. #3
    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by cv7713 View Post
    I should receive my CWL in the next week or two however I am going fishing tomorrow and want to know if it is legal to carry a pistol while fishing without a CWL? LEO's? There are two reason's (although I probably don't have to justify myself to a group of concealers): 1. I will be fishing from a canoe in gator territory where the gators can easily grow bigger than the boat. 2. The ramp is in the middle of nowhere.

    Also, if I carry should it be Open or Concealed? Also, I do have a valid fishing license. Any input is appreciated. Thank you.

    CV
    According to fs 790.053 it is not allowed. However, 790.025 specifically, by citation, negates 790.053. Then in subsection (3)(h) of 790.025 it specifies hunting, fishing and going to and from as lawful use exceptions. It does reference paragragp .06 too but that is not relevant as it is the concealed carry portion of the statute.

    Quote Originally Posted by David in FL View Post
    When you took your CWL course, you should have received a copy of the state statutes. The applicable statute in this case is F.S. 790.25(3) which allows you to "own, possess, and lawfully use firearms while engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition"

    Joh Gutmacher, in his book on FL firearms law also mentions that in doing so, you may carry either open or concealed.
    Not only should a person receive a copy of the statutes but know how to find it. Consulting an attorney is a good thing but the law changes. Since I first got my permit the laws have changed.

    As far your reference to Gutmacher's book where he says open or concealed, I'm assuming you meant to caveat emptor; once he obtains his CCW.

    Relevant text bolded. See link to statutes below.
    790.053 Open carrying of weapons.--

    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

    (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.

    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    See Lawful Uses

    fs 790.025 (3)(h)
    (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:

    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    (c) Persons carrying out or training for emergency management duties under chapter 252;

    (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;

    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

    (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;

    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

    (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;

    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;

    (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;

    (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

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

    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
    rolyat63
    NRA Certified Pistol Instructor

    A gun in the hand is a million times more valuable than a cop on the phone!

    FL Concealed Weapon or Firearm Program

  4. #4
    VIP Member Array sass20485's Avatar
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    I believe in FL, unless you have your CCW, you can only carry a pistol when hunting, on a gun range or on your own property, business or in your vehicle.
    Wearing a gun on your hip may get you in trouble otherwise, but I understand your reasoning for wishing to have one.

  5. #5
    Member Array athos76's Avatar
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    The times I've gone fishing out in the glades, we've always had a least one person OC'n, and they didn't have their CWP. We've been approached a number of times by FWC and never had a problem. The gun always gets locked up on the road home.

  6. #6
    Distinguished Member Array Tally XD's Avatar
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    Lets see if this helps:


    Open Carry in Florida:
    790.053 Open carrying of weapons.--


    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

    (2) A person may openly carry, for purposes of lawful self-defense (the following weapons/items):

    (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.

    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    History.--s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298.




    790.06 License to carry concealed weapon or firearm.--

    1(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.



    (3) LAWFUL USES.--The provisions of ss. 790.053 (open carry) and 790.06 (needing a license to carry) 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:

    Note: subsections A through G have not been included as they do not apply to the OP's question:

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;




    So, when hunting lawfully, fishing and/or camping or when going too and returning from one of these activities, the two statutes regulating open carry and the need for a concealed license DO NOT APPLY.
    Last edited by Tally XD; September 5th, 2008 at 09:56 PM.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

  7. #7
    VIP Member Array sass20485's Avatar
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    I stand corrected, thanks.

  8. #8
    Member Array cv7713's Avatar
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    Thanks for the responses! That answered my question.

  9. #9
    Distinguished Member Array Tally XD's Avatar
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    I have carried openly every time I have been fishing here in Florida, which isnt much, but was several times last year. Although, I did not encounter any FWC officers and I cannot say how an officer would react. Still, the law is the law and as long as you arent up to no-good you should have no problem.

    By the way . . . . where you at in North Florida? I am in Tallahassee/Havana.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

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