FL Open Carry

[mhiggi02]

This subject divides but I wanted to post here for our members in FL to decide.

Florida Open Carry Petition

[DefensiveCarry.com]

[InspectorGadget]

Being able to have it seen at times without being charged with Brandishing could be handy. Making sure your shirt is tucked where the gun can be seen without drawing can deescalate some situations. I would like to have the option avaliable.

[MilitaryPower]

I would like to have the option and it would reduce the worry about accidentally flashing causing "Man with at gun!" syndrome. I definitely would not do it all the time however, as I believe it is more tactically sound to be concealed. In the car would be a good place to open carry for example, as it provides easier access.

[Ron]

Only to avoid a potential brandishing issue. Would not otherwise open carry.

[David in FL]

Only to avoid a potential brandishing issue. Would not otherwise open carry.

Printing is not brandishing. Brandishing is very specifically defined by FL statute. There is no situation where the ability to open carry would negate an actual act of brandishing.

[Ron]

Printing is not brandishing. Brandishing is very specifically defined by FL statute. There is no situation where the ability to open carry would negate an actual act of brandishing.

Exhibiting a weapon in a "careless manner" is unlawful under current Florida law. So, it seems to me, that if my gun becomes clearly visible because my shirt rides up and say gets caught up on my belt, I may well be in violation.

That is different then my understanding of "printing." I think that if Florida had an open carry provision, that would not be the case.

[David in FL]

Exhibiting a weapon in a "careless manner" is unlawful under current Florida law. So, it seems to me, that if my gun becomes clearly visible because my shirt rides up and say gets caught up on my belt, I may well be in violation.

That is different then my understanding of "printing." I think that if Florida had an open carry provision, that would not be the case.

You're right in that the statute reads; If any person exhibits same (weapon) in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree.......

I was talking to Jon Gutmacher a couple of months back and at least to his knowlege, there has never been a charge brought against someone for inadvertant printing or momentary exposure of a properly licensed concealed weapon. His explanation.....the key word exhibits, which means the act has to be intentional.

Pull it out and wave it around or threaten someone with it and you're in trouble. Otherwise, FL is completely reasonable with the interpretation of what's appropriately concealed or not. If someone wants to carry openly, that's their business and I support their right to do so. But an open carry law isn't going to save someone from a brandishing charge in FL......

[Ron]

You're right in that the statute reads; If any person exhibits same (weapon) in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree.......

I was talking to Jon Gutmacher a couple of months back and at least to his knowlege, there has never been a charge brought against someone for inadvertant printing or momentary exposure of a properly licensed concealed weapon. His explanation.....the key word exhibits, which means the act has to be intentional.

Pull it out and wave it around or threaten someone with it and you're in trouble. Otherwise, FL is completely reasonable with the interpretation of what's appropriately concealed or not. If someone wants to carry openly, that's their business and I support their right to do so. But an open carry law isn't going to save someone from a brandishing charge in FL......

We are in agreement that an open carry law won't save you from a charge of "brandishing" if by that we limit the definition to intentionally waving it, etc.

And, Gutmacher is certainley correct that it is highly unlikely you would be prosecuted for a momentary exposure of your gun, my point was simply that an open carry statute would eliminate that possibility, not that it would validate taking out your gun and threatening with it.

[BAC]

Signed and forwarded. I would like the option.


-B

[MilitaryPower]

790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

(2) "Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.



FYI, this is when open carry is allowed in Florida (I took out all the stuff that isn't really applicable for us general folk):



790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(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;

(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;

[ron8903]

Signed, like the option but I conceal when not on duty.

[retsupt99]

Only to avoid a potential brandishing issue. Would not otherwise open carry.

I agree here...it would be my only concern for such a change in the law, but it's not really a problem for me either way.

Stay armed...concealed is concealed...stay safe!

[PiperLambie]

Signed and forwarded. I would like the option.


-B

+1 because it's not that I would, but that I could...

[Nelson Muntz]

I visited FL this summer from my OC state of VA. I suppose natives and residents are acclimated and used to CC there, but I found it hot and uncomfortable. One sweet moment I had was the ability to carry concealed in a restaurant with a bar, as long as I avoided the bar area. Unfortunately for us in VA we are required to OC in a venue that serves alcohol for consumption on premises. It was a nice change, but I wouldn't swap that for the discomfort of having to always conceal regardless of the weather. I hope you folks get the option. You don't have to do it, but having the option is nice. In addition, it's better to have your full right to carry than just half of it.

[ccwchris]

Personally I think that everyone over a certain age should be required to open carry a hand gun and be trained in how to shoot it. Imagine how different the thought process would be for a BG deciding to rob a little ol lady, if granny had a .45 on her hip. Thats just me though.

I agree the option would be nice. But how long would it remain an option if no one ever exercised it?