fl hunting fishing and camping cc law

Bobby1243 · June 29, 2013, 04:01 PM

In fl we have a law that allows you to cc or oc when hunting fishing or camping also to and from without permit my question is your going fishing and you stop to buy bait can you keep carrying or leave in the car

hogdogs · June 29, 2013, 04:20 PM

I think it is OC only... no gun on your person while driving without a cc permit... The way it is written that is the only time you cannot have it on you... But it is a "grey area" law and many cops don't even know of it and fewer citizens know of it...
So expect gruff from someone...
Brent

Doyle · June 29, 2013, 06:03 PM

Brent is right. NO CC in public unless you have a CWP.

dakota.potts · June 30, 2013, 02:00 AM

Bobby, if you are on Facebook, look up the group "Florida Open Carry". It's about 4,000 members and the directors and lawyers at Florida Carry, Inc. answer many questions like this.

You can only open carry with camping or fishing, not concealed carry unless you have a license.

The general consensus is while doing the activity or on the way from it. If you stop somewhere, it's up for debate whether you're on the way there, but given today's political climate and some vaguely related case law, chances are you'd be found to be no longer on the way to or from fishing (you're actually on your way to the bait store). Even if this is wrong, given how vague the law is, do you want to be the test case?

Best to just put it in your center console or glove box (better yet a car safe) while you run in the bait store.

Bobby1243 · June 30, 2013, 04:24 PM

Not a chance do I want to be the test case was just a thaught.

Bobby1243 · June 30, 2013, 04:30 PM

According to the florida firearms law book cc is legal when fishin camping or hunting

Doyle · June 30, 2013, 07:42 PM

Bobby, that is someone's OPINION of the law - not the law itself. If you want to be the test case - go right ahead. Just don't come calling for bail money.

dakota.potts · July 1, 2013, 01:27 AM

I did mess up my definition of the law. I believe hunting, fishing, camping, or going to and from a shooting range does void the requirement for concealed carry.

ClydeFrog · July 1, 2013, 10:24 AM

As posted, you can refer to Winter Park, FL area atty; Jon Gutmacher's legal guide; www.floridafirearmslaw.com or a few others; www.gunlawguide.com www.knifelawsonline.com .
The Florida Div of Licensing; www.mylicensesite.com has the concealed carry laws, SOPs for applying, etc etc.
I wouldn't go around with a holstered firearm in Florida unless you have a valid concealed license. When you start to fish or are in the wooded area, then you can carry it IAW the state law.

FWIW; Florida doesn't have "CHPs" or firearm permits. You are issued a class W license, valid for seven/07 years.
A class G or "firearms" license is issued to armed professionals(security, PIs, EP specialists) who are mandated to take a separate training class & do yearly re-quals.

CF

BigD_in_FL · July 1, 2013, 11:05 AM

You might also ask here orhere
Both good forums for asking this question

Don P · July 1, 2013, 11:39 AM

Quote:

Bobby, that is someone's OPINION of the law - not the law itself. If you want to be the test case - go right ahead. Just don't come calling for bail money.

The book Bobby is referring to is written by a lawyer who is known for his expertize in FLA firearm law.

Glenn Dee · July 1, 2013, 03:28 PM

In the state of Florida... If you want to conciel carry in Florida you need a permit. No matter where. You can carry a handgun afield when hunting, fishing, and camping. But it must be open carried, and it must be a center fire gun. This is from a neighbor who is a wildlife officer.

Bobby1243 · July 1, 2013, 03:41 PM

If no one is sure best not to take that chance I guess play it safe but I did email the auther of that book and he said it was legal but doubt I could afford to hire him when I got arrested for trying lol ill just play it safe and wait for the permit

dakota.potts · July 1, 2013, 04:23 PM

This is wrong. You can carry a gun any way while engaged in these activities.

F.S. 790.25(3) specifically states that it nullifies FS 790.053 and 790.06

"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: ....

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;"

So yes, you may carry open or concealed. If you are of age, I would just get your permit.

BigD_in_FL · July 1, 2013, 07:27 PM

own and possess does not necessarily mean carry - open or concealed

dakota.potts · July 2, 2013, 01:14 AM

Big D, 790.053 is the concealed carry requirement. Therefore, read it as 790.053 (Concealed carry process) and 790.06 (open carry ban) do not apply in the following instances...

BigD_in_FL · July 2, 2013, 08:21 PM

You have fun spitting in the wind and being the test case; I, for one, have no desire to be that person...........I have my CWL

ClydeFrog · July 2, 2013, 08:42 PM

I agree to an extent with some of the other forum members.
A Florida concealed license(W) is not complex or complicated now.
The Div of Licensing sped up the process & in many cases, you get the new W license the same day(with a appt)

.

I have advised new G/security officers in the past to go & get a w/concealed license too just to avoid any legal hassles or problems if the work armed.
Say, for example, they end a shift, change clothes then go to get gas or a quick meal on the way home, a Florida W/concealed license can keep the the officer "street legal" & they don't need to worry about their sidearm or firearms not being unsecured.
W licenses last 7 years too,

.

Doyle · July 3, 2013, 08:27 AM

Bobby, is there some reason you don't have a FL CCW?

dakota.potts · July 3, 2013, 05:12 PM

I don't think it's spitting in the wind, it's right there in the law.

I would also advise to get a CFWL, however, I'm sympathetic if OP can't. I'm 17, 18 in a month, and then will have 3 years to go before I can get a license. I understand the want to carry as much as possible.

Bobby1243 · July 3, 2013, 10:19 PM

I am getting ccl just don't have the money to send it in yet

hermannr · July 6, 2013, 01:58 PM

Why would you worry about something states in a law that does not apply to the activity?

Our state exemptions are written exactly the same way: RCW 9.41.060 begins: "The provisions of RCW 9.41.050 shall not apply to..." (.050 are the restrictions to CC without a license) One of the provisions is for LE, do you think that would be restricted?

In simple English, as far are the restriction are, they do not apply, as if section .050 did not exist for those covered by that exemption.

Look at 790.25(3)(d). Paragraph (d) concerns LE in FL. as (3) states

(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:

I do not understand the fear.

hogdogs · July 6, 2013, 02:05 PM

I cannot find any wording that makes concealed carry legit without a permit...

I do see that open carry is banned unless during certain activities...
And not too long ago, the ones wanting open carry in Fla held several "events" in which folks met at various fishing piers and no one was arrested for illegal open carry...

So far, if you wish to carry concealed without a permit... Lemme know how it works out for ya' after it is found on you...

I do know that while you are driving, if you do not have a permit, the gun MUST NOT be on your person so what makes it more leagaler to CC once you step out at the ol' catfish pond?

Brent

Doyle · July 6, 2013, 02:43 PM

Quote:

I do not understand the fear.

Because an arrest and trial are large dollars away from an exoneration.

dakota.potts · July 6, 2013, 08:01 PM

Brent, I posted the text of the law that invalidates the need for a permit while doing those activities.

The open carry fishing events are a staple of the open carry movement and are still going on every week around the state. Nobody has been arrested that I'm aware of.

June 29, 2013, 04:01 PM	#1
Bobby1243 Member Join Date: June 25, 2013 Location: williston fl Posts: 38	fl hunting fishing and camping cc law In fl we have a law that allows you to cc or oc when hunting fishing or camping also to and from without permit my question is your going fishing and you stop to buy bait can you keep carrying or leave in the car

July 1, 2013, 10:24 AM	#9
ClydeFrog Junior member Join Date: May 1, 2010 Posts: 5,797	Florida gun laws; Div of Licensing.... As posted, you can refer to Winter Park, FL area atty; Jon Gutmacher's legal guide; www.floridafirearmslaw.com or a few others; www.gunlawguide.com www.knifelawsonline.com . The Florida Div of Licensing; www.mylicensesite.com has the concealed carry laws, SOPs for applying, etc etc. I wouldn't go around with a holstered firearm in Florida unless you have a valid concealed license. When you start to fish or are in the wooded area, then you can carry it IAW the state law. FWIW; Florida doesn't have "CHPs" or firearm permits. You are issued a class W license, valid for seven/07 years. A class G or "firearms" license is issued to armed professionals(security, PIs, EP specialists) who are mandated to take a separate training class & do yearly re-quals. CF

July 2, 2013, 08:42 PM	#18
ClydeFrog Junior member Join Date: May 1, 2010 Posts: 5,797	Concealed carry licenses(W), G officers.... I agree to an extent with some of the other forum members. A Florida concealed license(W) is not complex or complicated now. The Div of Licensing sped up the process & in many cases, you get the new W license the same day(with a appt) . I have advised new G/security officers in the past to go & get a w/concealed license too just to avoid any legal hassles or problems if the work armed. Say, for example, they end a shift, change clothes then go to get gas or a quick meal on the way home, a Florida W/concealed license can keep the the officer "street legal" & they don't need to worry about their sidearm or firearms not being unsecured. W licenses last 7 years too, .

June 29, 2013, 04:20 PM	#2
hogdogs Staff In Memoriam Join Date: October 31, 2007 Location: Western Florida panhandle Posts: 11,069	I think it is OC only... no gun on your person while driving without a cc permit... The way it is written that is the only time you cannot have it on you... But it is a "grey area" law and many cops don't even know of it and fewer citizens know of it... So expect gruff from someone... Brent

June 29, 2013, 06:03 PM	#3
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	Brent is right. NO CC in public unless you have a CWP.

June 30, 2013, 02:00 AM	#4
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	Bobby, if you are on Facebook, look up the group "Florida Open Carry". It's about 4,000 members and the directors and lawyers at Florida Carry, Inc. answer many questions like this. You can only open carry with camping or fishing, not concealed carry unless you have a license. The general consensus is while doing the activity or on the way from it. If you stop somewhere, it's up for debate whether you're on the way there, but given today's political climate and some vaguely related case law, chances are you'd be found to be no longer on the way to or from fishing (you're actually on your way to the bait store). Even if this is wrong, given how vague the law is, do you want to be the test case? Best to just put it in your center console or glove box (better yet a car safe) while you run in the bait store.

June 30, 2013, 04:24 PM	#5
Bobby1243 Member Join Date: June 25, 2013 Location: williston fl Posts: 38	Not a chance do I want to be the test case was just a thaught.

June 30, 2013, 07:42 PM	#7
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	Bobby, that is someone's OPINION of the law - not the law itself. If you want to be the test case - go right ahead. Just don't come calling for bail money.

July 1, 2013, 01:27 AM	#8
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	I did mess up my definition of the law. I believe hunting, fishing, camping, or going to and from a shooting range does void the requirement for concealed carry.

July 1, 2013, 11:05 AM	#10
BigD_in_FL Junior member Join Date: December 20, 2012 Location: The "Gunshine State" Posts: 1,981	You might also ask here orhere Both good forums for asking this question

July 1, 2013, 03:28 PM	#12
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	In the state of Florida... If you want to conciel carry in Florida you need a permit. No matter where. You can carry a handgun afield when hunting, fishing, and camping. But it must be open carried, and it must be a center fire gun. This is from a neighbor who is a wildlife officer.

July 1, 2013, 03:41 PM	#13
Bobby1243 Member Join Date: June 25, 2013 Location: williston fl Posts: 38	If no one is sure best not to take that chance I guess play it safe but I did email the auther of that book and he said it was legal but doubt I could afford to hire him when I got arrested for trying lol ill just play it safe and wait for the permit

July 1, 2013, 04:23 PM	#14
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	This is wrong. You can carry a gun any way while engaged in these activities. F.S. 790.25(3) specifically states that it nullifies FS 790.053 and 790.06 "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: .... (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;" So yes, you may carry open or concealed. If you are of age, I would just get your permit.

July 1, 2013, 07:27 PM	#15
BigD_in_FL Junior member Join Date: December 20, 2012 Location: The "Gunshine State" Posts: 1,981	own and possess does not necessarily mean carry - open or concealed

July 2, 2013, 01:14 AM	#16
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	Big D, 790.053 is the concealed carry requirement. Therefore, read it as 790.053 (Concealed carry process) and 790.06 (open carry ban) do not apply in the following instances...

July 2, 2013, 08:21 PM	#17
BigD_in_FL Junior member Join Date: December 20, 2012 Location: The "Gunshine State" Posts: 1,981	You have fun spitting in the wind and being the test case; I, for one, have no desire to be that person...........I have my CWL

July 3, 2013, 08:27 AM	#19
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	Bobby, is there some reason you don't have a FL CCW?

July 3, 2013, 05:12 PM	#20
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	I don't think it's spitting in the wind, it's right there in the law. I would also advise to get a CFWL, however, I'm sympathetic if OP can't. I'm 17, 18 in a month, and then will have 3 years to go before I can get a license. I understand the want to carry as much as possible.

July 3, 2013, 10:19 PM	#21
Bobby1243 Member Join Date: June 25, 2013 Location: williston fl Posts: 38	I am getting ccl just don't have the money to send it in yet

July 6, 2013, 01:58 PM	#22
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	Why would you worry about something states in a law that does not apply to the activity? Our state exemptions are written exactly the same way: RCW 9.41.060 begins: "The provisions of RCW 9.41.050 shall not apply to..." (.050 are the restrictions to CC without a license) One of the provisions is for LE, do you think that would be restricted? In simple English, as far are the restriction are, they do not apply, as if section .050 did not exist for those covered by that exemption. Look at 790.25(3)(d). Paragraph (d) concerns LE in FL. as (3) states (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: I do not understand the fear.

July 6, 2013, 02:05 PM	#23
hogdogs Staff In Memoriam Join Date: October 31, 2007 Location: Western Florida panhandle Posts: 11,069	I cannot find any wording that makes concealed carry legit without a permit... I do see that open carry is banned unless during certain activities... And not too long ago, the ones wanting open carry in Fla held several "events" in which folks met at various fishing piers and no one was arrested for illegal open carry... So far, if you wish to carry concealed without a permit... Lemme know how it works out for ya' after it is found on you... I do know that while you are driving, if you do not have a permit, the gun MUST NOT be on your person so what makes it more leagaler to CC once you step out at the ol' catfish pond? Brent

July 6, 2013, 08:01 PM	#25
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	Brent, I posted the text of the law that invalidates the need for a permit while doing those activities. The open carry fishing events are a staple of the open carry movement and are still going on every week around the state. Nobody has been arrested that I'm aware of.