Florida open carry

This is a discussion on Florida open carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; where can i find the laws on open carry in Floridan .can you open carry while fishing and hunting.been trying to find it and can't. ...

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Thread: Florida open carry

  1. #1
    New Member Array qdog's Avatar
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    Florida open carry

    where can i find the laws on open carry in Floridan .can you open carry while fishing and hunting.been trying to find it and can't.

    thanks for the help
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    Here you go:

    FS 790.25 - (3) LAWFUL USES.—The provisions of ss. 790.053 [Open Carry Prohibition]and 790.06 [Conceal Carry Restrictions]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: [My notes, emphasis]

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

    Note that OC inside your private vehicle is also lawful provided the firearm is securely encased, defined as: 790.01 (17) ...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. It cannot be "on" you, such as in a holster on your belt. Be advised that some LEOs may not be aware of this.
    Last edited by OldVet; October 21st, 2013 at 11:01 AM.
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    Quote Originally Posted by OldVet View Post
    Note that OC inside your private vehicle is also lawful provided the firearm is securely encased, defined as: 790.01 (17) ...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. It cannot be "on" you, such as in a holster on your belt. Be advised that some LEOs may not be aware of this.
    Does "snapped in a holster" mean it can be in a holster but not "on" the person, or can the person wear the gun in a snapped holster?
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    Kind of a gray area to me. If you going to/from on a hunting a hunting trip it could be argued as such, but then again (l) specifically says in a private vehicle it cannot be on your person, so the safer manner would be to remove it from your belt. IANAL and that is a fine line the legal experts and courts would decide. What is the definition of "going to or returning from" in the courts? Does "going to or returning from" a hunting/fishing expedition extend from the home site, or from where you park your vehicle at the hunting/fishing area? I don't know of any case law in FL determining that question.

    There have been questions before about mounted "car holsters" being legal in FL if openly exposed, and (3)(l) specifically allows for that. Again, some LEOs are not "knowledgeable" on the finer points of OC legalities and having a handgun openly exposed in a vehicle leaves one open to scrutiny by an LEO who may stop you or happen to see it. One can also conceal a firearm in a private vehicle --but not on the person--without a CWFL as long as it is "securely encased." Again, some LEOs are not aware of that.
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    So I take it carrying IWB while in a conveyance regardless of a CWFL is right out...
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    NEGATIVE! Didn't say that, in fact said just the opposite. Someone over 18 who can legally posses a firearm can conceal in a private conveyance as long as it is not on the person and is securely encased.

    790.25 (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person.

    With a CWFL, you can do as you please as far as concealing, but openly displayed still must be "securely encased."
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    Member Array Nuke0955's Avatar
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    I've been having the same issue trying to interpret the Florida statutes and have a call into my CCW class instructor as of yesterday. In the meantime, I'm waiting for the admins from this site: Florida Concealed Carry Forums : to "let me in". But so far, what it sounds like is that as long as you're licensed, it's ok to carry in your vehicle in the same legal manner that you carry otherwise and if you're NOT licensed then 790.25 (5) above in OldVet's post applies as it clearly states "without a license".

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    Thanks for the clarification OldVet. You know I was pretty sure that's what it meant but when in doubt I'd rather not assume.... We all know what that gets us!

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    Quote Originally Posted by OldVet View Post
    Kind of a gray area to me. If you going to/from on a hunting a hunting trip it could be argued as such, but then again (l) specifically says in a private vehicle it cannot be on your person, so the safer manner would be to remove it from your belt. IANAL and that is a fine line the legal experts and courts would decide. What is the definition of "going to or returning from" in the courts? Does "going to or returning from" a hunting/fishing expedition extend from the home site, or from where you park your vehicle at the hunting/fishing area? I don't know of any case law in FL determining that question. There have been questions before about mounted "car holsters" being legal in FL if openly exposed, and (3)(l) specifically allows for that. Again, some LEOs are not "knowledgeable" on the finer points of OC legalities and having a handgun openly exposed in a vehicle leaves one open to scrutiny by an LEO who may stop you or happen to see it. One can also conceal a firearm in a private vehicle --but not on the person--without a CWFL as long as it is "securely encased." Again, some LEOs are not aware of that.

    Why can’t they just write all this stuff in plain understandably English. OH WAIT…..then all the lawyers would be upset because we wouldn’t need them to explain it all to us?

    It should all just say something like: “thou shalt only”……..

    ss. ABCD.1 [Firearms - Open Carry Law]
    Anyone that is 18-yrs old or older that can Legally Have And Use A Firearm To Do Legal Things With, and has a Legal Firearm with or on them; They Can Only Open Carry Firearms while they are legally fishing legally camping or legally hunting, or going to or returning from legally fishing or legally camping or legally hunting.


    ss. ABCD.2 [Firearms - Conceal Carry Restrictions]
    (A) Anyone that is 18-yrs old or older and can Legally Have And Use A Firearm To Do Legal Things With, and DOES NOT HAVE a current and up to date Concealed Carry Weapons Permit, that is traveling by Private Transportation, and has a Legal Firearm with or on them, the firearm has to be encased or inside of something like; inside a box or inside a container with a lid or a cover on it and the lid or cover has to be manually taken off or manually open or manually removed from the box or container to take the firearm out of the box or container, or the firearm has to be inside of a purse or a bag or a pouch or a backpack or a suit case or a case or inside an-anything that has a zipper or a snap or a latch or a buckle or a cover or some-type of an closure-thing to keep it closed and the purse or the bag or the pouch or the backpack or the suit case or the case or the anything has to be manually unzipped or unsnapped or unlatched or unbuckled or undone to take the firearm out of it, or the firearm has to be inside a holster that has a thumb-break style retention strap with a snap closure that has to be manually unsnapped to remove the firearm from the holster or the holster has to have a type of retention-locking system that locks the firearm into the holster that has to be manually released to remove the firearm from the holster, or stored inside the glove-box or center counsel as long as they have a latch, and all the time the firearm has to be kept out of arms reach.

    (B) Anyone that is 18-yrs old or older and can Legally Have And Use A Firearm To Do Legal Things With, and THEY DO HAVE a current and up to date Concealed Carry Weapons Permit, and has a Legal Firearm with or on them; they can carry a Legal Firearm By Public Transportation but they have to keep it totally concealed and out of plain sight in any manor that does not endanger anyone in anyway.

    (C) Anyone that is 18-yrs old or older and can Legally Have And Use A Firearm To Do Legal Things With, and THEY DO HAVE a current and up to date Concealed Carry Weapons Permit, and has a Legal Firearm with or on them; they can carry a Legal Firearm By Private Transportation in any manor that they want too carry it.

    (D) Anyone that DOES NOT HAVE a current and up to date Concealed Carry Weapons Permit; Can Not Concealed Carry Firearms In Any Manor.


    ss. ABCD.3 [Anyone Having A Firearm On or With You]
    ANYONE THAT CAN NOT LEGALLY; HAVE OR USE ANY FIREARMS TO DO LEGAL THINGS WITH AND YOU ARE FOUND TOO BE IN POSSESSION OF ANY FIREARMS OR HAS ANY FIREARMS ON THEM OR WITH THEM, and ANYONE THAT IS FOUND; TO BE IN POSSESSION OF OR HAS ANY ILLEGAL FIREARMS ON THEM OR WITH THEM, THEN; YOU ARE GOING TO GO TOO PRISON FOR A VERY LONG TIME ! ! ! PERIOD……


    ss. ABCD.4 [Using Any Firearms To Commit Any Type Of Crime]
    IF YOU USE ANY FIREARMS TO COMMIT ANY TYPE OF CRIME THEN; YOU ARE GOING TO GO TOO PRISON FOR A VERY LONG TIME ! ! ! PERIOD……

  13. #12
    Member Array ginzo's Avatar
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    I believe this to be the correct interpretation from Nuke0955 AND, add this to the open carry from 790.25:
    (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;

    Also I believe "securely encased" refers to persons over 18 but unlicensed, That they cannot cc holstered on your belt in your car:
    (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.



    Quote Originally Posted by Nuke0955 View Post
    I've been having the same issue trying to interpret the Florida statutes and have a call into my CCW class instructor as of yesterday. In the meantime, I'm waiting for the admins from this site: Florida Concealed Carry Forums : to "let me in". But so far, what it sounds like is that as long as you're licensed, it's ok to carry in your vehicle in the same legal manner that you carry otherwise and if you're NOT licensed then 790.25 (5) above in OldVet's post applies as it clearly states "without a license".
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    Zamboni - you're trying to take away the use of double negatives from the lawyers?

    Good grief: They might all have apoplexy and expire!
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    I would like to see FL get OC. I go there on occassion but always carry concealed.

    However I give FL a big thumbs up on their being the one that started the concealed carry banner. Other states then pretty much copied their "shall issue" law and the majority of states followed suit.

    If they never adopt OC, they have done something that made other states take notice.
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