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June 29, 2010, 11:41 AM | #1 |
Member
Join Date: October 7, 2009
Location: Florida
Posts: 31
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Open Carry in Florida State Park
We all know that Florida let's us get concealed permits fairly easily, but also bars us from any open carry. I'm curious where the open carry prohibitions apply, though. Do they apply in a state park or similar wilderness area or city/county only? I'm two weeks away from a two week long backpacking trip through the Ocala National Forest. Its prime black bear and cougar country... and most any water in Florida can host gators. My plan/desire is to carry a 1911 in a holster on my hip; attached to my frame pack for personal protection only. Is this legal?
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June 29, 2010, 11:53 AM | #2 |
Member
Join Date: October 7, 2009
Location: Florida
Posts: 31
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Follow-up: if I'm reading Fl. Statute 790.25 correctly, it specifically nullifies 790.06 and 790.053 when "fishing, camping, or lawful hunting". Interestingly, the last portion says "or going to or returning from a fishing, camping, or lawful hunting expedition". So... if I'm reading this correctly, I can open carry and carry loaded while going to or returning from a camping trip? I wonder how far that applies? If I'm driving from Ft. Lauderdale to Ocala to start my camping, would this apply? I'm guessing not, but they don't restrict it to be from the "campground to the hunt" or from "my vehicle to the campground" per se.
http://www.flsenate.gov/statutes/ind...atuteYear=2005 I'm not really interested in pushing the limit... I just want to know if I can open carry a loaded pistol on my hip while camping/backpacking. It sounds like I can. Do you all agree? Or am I misreading the legal speak? |
June 29, 2010, 02:03 PM | #3 |
Senior Member
Join Date: June 20, 2007
Location: Rainbow City, Alabama
Posts: 7,167
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With the lack of proper legal education that most LE's have, you are better off just carrying concealed. What they don't see doesn't cause them to have to think.
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June 29, 2010, 02:26 PM | #4 | |
Senior Member
Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
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From what I have read from this gentleman's book, and can be purchased at www.floridafirearmslaw.com open carry is only permitted on your personal property, yard, driveway or at your place of business or open carry with your employers permission on his propriety. If choosing to open carry on your own property be prepared for a nervous neighbor calling LE and having a officer show up that is not fluent on Florida firearm law. Best to have the book on hand if choosing to open carry.
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June 30, 2010, 12:24 PM | #5 |
Senior Member
Join Date: December 1, 2005
Location: Tampa Bay
Posts: 1,804
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Fishing
I was just reading on the Florida Shooters Network about an open carry fishing trip in Daytona.
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June 30, 2010, 12:58 PM | #6 |
Junior member
Join Date: April 16, 2009
Location: Brooksville, FL
Posts: 161
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I don't have my copy of Florida Firearms -- Law, Use & Ownership @ work, but I do remember something that has to do with the Fl. Statute 790.25 with regards to open carry, and the case or lack of case law to back his opinion up. I'll check when I get home. I think part of "returning from a fishing, camping, or lawful hunting expedition" has to do with a way to legally be able to transport a firearm to your car through common grounds, such as a apartment complex stairwell or parking lot, with out the need to have a CWP, the long and short of his advice was get a permit and take any chance of a problem out of the equation.
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