cv7713

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

David in FL

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'!

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rolyat63

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.

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.
See Lawful Uses

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rolyat63

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FL Concealed Weapon or Firearm Program

sass20485

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.

athos76

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.

Tally XD

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.

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sass20485

I stand corrected, thanks.

cv7713

Thanks for the responses! That answered my question.

Tally XD

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.

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You have a right to self defense . . . vote AGAINST Barack Obama!