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Old July 10, 2013, 05:51 PM   #26
hogdogs
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Here is the email I got back after the Fl. FWC how they interpreted the legality of carrying while fishing etc... I expressly asked if they felt this allowed concealed carry and/or open carry...

Quote:
The FWCC adheres to Florida Statutes in reference to carrying of firearms. In order to carry a concealed firearm you must have a concealed carry permit/license. You may carry a firearm while hunting, fishing, or camping or going to or returning from hunting, fishing, or camping.



Statutes:



F.S. 790.25(3)(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; (Lawful uses)



F.S. 790.06 (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. (concealed carry)



Lt. Gary Tolbert

Staff Lieutenant

Northwest Region

Panama City Beach Office

6703 W. U.S. Hwy 98

Panama City FL 32407
Brent
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Old July 10, 2013, 06:00 PM   #27
csmsss
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As always, the devil's in the details - specifically, how they define "going to" and "returning from". If you were to stop for gas and perhaps lunch on your way to or from a hunting or fishing trip, would you be in violation?
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Old July 11, 2013, 09:07 AM   #28
hogdogs
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I was pointing out that CC was not allowed under the fishing/hunting/hiking carry provision...

And open carry long before you get to the outdoor activity requires removing the gun each time you get in the vehicle as well as raise eyebrows in places you may stop...

Florida seems to take the public view of guns seriously... either they do not want the needless calls or the really worry about folks getting scared...

For instance, you are not allowed to carry your gun in your vehicle anywhere it is visible to the general public...

So whoever gave the advice that this provision allows concealed carry without a permit...

I don't care how many nights you stayed in a Holiday Inn Express... PLEASE STAY OUT OF THE GIVING LEGAL ADVICE BUSINESS!!!

Brent
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Old July 11, 2013, 07:03 PM   #29
Recoiljunky
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hello fellow floridian i have talked to fwc about carrying a handgun during hunting season. the answer i got out of it was if it is a area or time where you are not alowed to hunt with a hangun they can sight you for hunting out of season if they wanted to be mean or if they really wanted a reason to sight you. most of the time they dont care and are verry nice, but you do run into a butthead once in a while.

also i woulnt open carry around town or at the tackle store unless you personall know the owner of the tackle store.
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Old July 11, 2013, 07:35 PM   #30
Doyle
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Recoiljunky, what you have said is true. I've found out through various conversations is that the type of handgun you are carrying has a lot to do with whether or not they want to push the issue. For example, if it is archery season and you've got a 6" .44 mag strapped to your hip they could easily make a case that you are hunting with the sidearm. On the other hand, if you are carrying a snubnose they know that isn't a hunting weapon so they are more apt to let it go.
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Old July 11, 2013, 07:57 PM   #31
hogdogs
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Nor do you want a scoped pistol off season even if that is your only sidearm and you hate to lose your zero...

But according to law, as written, there is no stipulation as to whether the locale needs to be of the wooded sort...

For instance, it is legal, as written to open carry on the local fishing pier and there is no wording as to where you can say you are "hiking"...


So a stroll around the neighborhood/town square could be a hike???

Brent
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Old July 11, 2013, 08:01 PM   #32
Recoiljunky
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there are laws pertaining open carry in city limits that superceed thoes laws.
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Old July 11, 2013, 11:32 PM   #33
dakota.potts
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Not true recoiljunky, we now have state pre emption of firearms laws. No laws can take effect at the city or county level. Only state and federal laws.

Brent, it specifically says in the law that the hunting, fishing, target shooting, and camping part of the excepts in the law excepts concealed carry. I'm not reading anything in what you posted that contradicts that.
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Old July 11, 2013, 11:35 PM   #34
dakota.potts
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Now, as far as driving there and stopping on stores on the way, I'm pretty sure that's a big no.

You may also have a handgun securely encased or otherwise not accessible for immediate use anywhere in your car. It can be in plain view. It cannot be on your body, as far as I know. Securely encased includes snapped in a holster, so you could have it closed in a snapping holster riding in your side seat while you drive. A long gun does not have a requirement for being securely encased or otherwise not accessible for use.
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Old July 12, 2013, 10:36 AM   #35
Don P
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SS 790.25 paragrapg 3 states the provisions of 790.053 and 790.06 do not apply to the following instances.
It can be found on the states web site. This info came about while I attended the D and G Security officer training classes and is in the booklet for the Concealed Weapon or Firearm License ( Class G License) Application Instructions and Chapter 790, Florida Statutes.
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