Open Carry in Walmart: Florida

Open Carry in Walmart: Florida

This is a discussion on Open Carry in Walmart: Florida within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was in Walmarts yesterday, the store in Jupiter, Florida and was shocked to see a guy in jeans and T shirt walking in the ...

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Thread: Open Carry in Walmart: Florida

  1. #1
    Distinguished Member Array Ron's Avatar
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    Open Carry in Walmart: Florida

    I was in Walmarts yesterday, the store in Jupiter, Florida and was shocked to see a guy in jeans and T shirt walking in the store with a holstered gun on his hip.

    He was a young guy in his 30's, was with a woman, and was casually strolling about the store. I watched him for a few minutes to see whether any of the other customers noticed or appeared upset. No one seemed bothered at all.

    Bearing in mind that Florida is a concealed carry state, do off duty LEOs open carry?

    Any other explanation that I am missing here?
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien


  2. #2
    New Member Array jacksmatrixxx's Avatar
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    off duty leo are supposed to carry concealed,or have there badge displayed usally on the belt by the gun

  3. #3
    Distinguished Member Array Tally XD's Avatar
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    If he was LEO and off duty he was breaking the law if his badge was not also exposed.

    Florida is "no open carry" state, by ANYONE, except LEO/Feds who are ON duty.
    “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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    Senior Member Array Tyler11B's Avatar
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    maybe his secret squirell badge was coverd by his tacticool garmets
    U/315
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    Taser X2/X26 Instructor
    "It is the tradition that a Kentuckian never runs. He does not have to…[he] is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon…." Gibson v. KY, 34SW936(Ky.1931)

  5. #5
    Senior Member Array preachertim's Avatar
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    Maybe he was a BG
    Why Would A Preacher ever need a Gun? Its Not for the Sheep , its for the Wolves!

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    Quote Originally Posted by preachertim View Post
    Maybe he was a BG
    Considering Florida doesn't have open carry, I'm surprised no one called the policeman.

  7. #7
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Tally XD View Post
    If he was LEO and off duty he was breaking the law if his badge was not also exposed.

    Florida is "no open carry" state, by ANYONE, except LEO/Feds who are ON duty.



    Wrong ! on the way to fishing, camping or hunting you can OC ;)

    just a second while i find the statue
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  8. #8
    Senior Member Array rmodel65's Avatar
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    Title XLVI
    CRIMES

    Chapter 790
    WEAPONS AND FIREARMS

    View Entire Chapter

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

    (1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

    (2) USES NOT AUTHORIZED.--

    (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.

    (b) The protections of this section do not apply to the following:

    1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;

    2. Vagrants and other undesirable persons as defined in 1s. 856.02;

    3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

    (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 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:

    1. Are employed full time;

    2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

    (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

    (4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

    (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.

    History.--s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103.

    1Note.--Repealed by s. 3, ch. 72-133.




    there are a few exemptions
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  9. #9
    Member Array Glock30Owner's Avatar
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    Quote Originally Posted by rmodel65 View Post
    Wrong ! on the way to fishing, camping or hunting you can OC ;)

    just a second while i find the statue
    I'm won't dispute that there may be a statute that would allow OC, but I would find it a great stretch if this statute was claimed in the case of the individual observed.

    Florida should get OC, IMO, though.

  10. #10
    Senior Member Array rmodel65's Avatar
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    Any one want to go fishing OC in Jacksonville?
    S&W M&P40/M&P9c OC rigs
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  11. #11
    Ex Member Array JOHNSMITH's Avatar
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    Well, it *could* have been a security guard or armored truck driver, but considering the lack of a uniform plus the fact that they weren't an 80 year old lady that checks receipts at the door, I'd say he wasn't "security" :D

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    VIP Member Array dukalmighty's Avatar
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    I do not believe The I was on my way to hunt fish or camp while meandering around a wally world is gonna hold up in court,I believe it only applies while engaged in the outdoor activity,or going to and from same with no detours through a store
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  13. #13
    Senior Member Array Andy W.'s Avatar
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    Quote Originally Posted by Tyler11B View Post
    maybe his secret squirell badge was coverd by his tacticool garmets
    That's probably what happened.
    America: Your government is not ignoring you, it's insulting you.

    The Bill of Rights: Void where prohibited by law.

  14. #14
    VIP Member Array HKinNY's Avatar
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    OP you missed his CCW badge.

  15. #15
    Distinguished Member Array Ron's Avatar
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    Quote Originally Posted by HITCH KING View Post
    OP you missed his CCW badge.
    Very funny.
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

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