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  • Openly carrying a firearm while fishing??

    Florida Open carry of a firearm while fishing question

    Hi gang,

    Let me first thank all the LEO's for their service. I'm sure you dont here that enough. And no i'm not looking for a get out of jail free card.

    I'm not looking to start any arguments about non LEO's carrying weapons. Im just wanting food for thought about this statue.

    Now on to my question. This is specifically for Florida LEO's

    According to the Florida Statute 790.25 it is legal to open carry a firearm while a person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;


    The question is this.
    1. Is going to fishing considered from your home to the lake? If not what would you consider going to and coming from say fishing?
    2. suppose i'm a few miles from the lake, can I stop while open carrying at the bait store and be legal according to the statute?

    As you can see the statute is kind of vague on the going and coming part. I personally am always on my way fishing, have a valid fishing license, and fishing poles in my vehicle.
    Would you arrest me and face the lawsuit later?


    Here is the Statute:

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



    (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:

    (a)..
    (b)..
    (c)..snip, snip

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

    (i) ........

  • #2
    I don't know about Florida, but from looking at the statute you provided, you could open carry from your house to your fishing hole, but I would imagine stopping at the bait store would be pushing your luck.

    It's best to play it safe.
    "The unforgivable crime is soft hitting. Do not hit at all if it can be avoided; but never hit softly. -Teddy Roosevelt"

    Comment


    • #3
      Thanks for your reply rangerdanger,



      Ok let say im going fishing on a public peer and I open carry my firearm does that change anything.

      So Im fishing and someones grandma see's me and calls the LEO ---MWAG.
      Although I think Im still legal to open carry my gun, Could/would I be charged with disturbing the peace?

      Woody,

      Comment


      • #4
        To me, openly carrying on a pier is a big no-no. If I was in uniform and saw someone with their weapon on their side in plain view fishing on the pier, I'd assume one of two things:

        1. The officer has totally abandonded his/her on-duty responsibilities
        2. They are doing something very illegal

        I believe the subsection "hunting, fishing, camping" applies to using the following:

        LAWFUL hunting - Using an appropriate firearm in the course of hunting (rifle, etc..). I'm no hunting expert, but I know you don't go after deer with a semiautomatic pistol.

        Fishing - If you're a whaler, you use a speargun. Again, not going after Jaws with the Glock. If you're fishing on a boat, fine, then I guess that law applies. Other than that, don't carry open.

        Camping - Keep the gun (in this case, if it's a handgun, that's fine) in your tent. You don't need to be flashing the gun around the campgrounds. You'll end up getting the boys in blue.

        By the way, why do you need to carry openly?
        09

        Comment


        • #5
          I'm not LEO (yet) but I seem to remember reading that once you are in your vehicle, you absolutely cannot open carry. The gun has to be in a closed container of sorts (glove box, gun case, etc)...unless you have your CCW, then you may CC. But under no circumstances may you openly carry a hangun. The statute you quoted, to my understanding, is specifically referring to you being out of a vehicle.


          As far as openly carrying while fishing on the pier...I have no idea. I wouldn't do it though.
          http://kmags.mybrute.com/ My guy can kick your guy's butt!

          Comment


          • #6
            To , The SSheriff

            Please dont take this thread as any disrespect for Law Enforcement, I am simply trying to get different views on this little know statue of the Florida Code. I am not abdicating that anyone open carry a firearm on a pier. This thread is for Food for thought.

            Lets say I am the one, a non LEO, is fishing from the pier. I have a fishing pole in my hand and my firearm openly carried on my hip.
            Knowing now after reading the Statute 790.25 that gives me the right to openly carry my firearm, would you suspect me of doing something illegal?
            Would you conduct a Terry stop. If so under what suspicion of a crime would you detain me for?


            as for the need to open carry.. I believe that it deters crime.. Just my opinion.
            Statistics show that in states where open/ concealed carry is allowed that the crime rates have reduced significantly. Even Fl has a reduced crime rate after Concealed carry was allowed.


            Woody,


            I love all the little fury animals in the woods...........especially in Gravy!!!!
            Last edited by woodyga; 05-07-2009, 11:04 PM. Reason: and more answer for sheriff

            Comment


            • #7
              Hummmmm

              I'm on the nite shift so I am a little bored.

              here is some more food for thought.

              To make my point about open carry while fishing,camping...

              Lets say your an off duty LEO. Your camping, and like the sheriff said you left your firearm in the tent. You and your 8 yo child and "FiFi" your wife's toy poodle are walking to the creek to fish. As you near the creek bank you come upon an alligator that is set on having "fifi" or your 8 yo for lunch. You are now literally up a creek...see my point. Now, your wife if she hasn't already left you yet and taken half your stuff....oh-oh that's another thread isn't it, wouldn't be happy if your 8yo or "FiFi" didn't come back.

              LEO's dont leave the house everyday expecting to have trouble where the need to use their sidearm is necessary. If they did know which days they were not going to need their firearm, why not just leave your gun, BPV at home and be comfortable,its hot in Florida. Not gonna happen because we just don't know when the bad guy might strike.
              I don't plan on having an accident when I drive my car, but I always wear my seatbelt and not wear it on the day's I don't think I will have an accident.

              Here's one that really makes me go Hummmmmmm. Why is it that the city's with the toughest gun laws have to most crime committed with gun's example Washington DC , Chicago IL. Is it because the bad guys don't have any fear that the average citizen might be armed?


              Woody,

              Comment


              • #8
                Originally posted by The SSheriff View Post
                To me, openly carrying on a pier is a big no-no.
                Perhaps where you are from....but he can legally open carry in the State of MO.....

                Comment


                • #9
                  Never mind....saw the poster was from MO and should have read more of his/her post......as they are talking about FLA law and not MO law....
                  Last edited by Bearcat357; 05-08-2009, 02:12 AM.

                  Comment


                  • #10
                    Good question woody, as per the statute- going, coming from, and actually fishing are lawful "uses" of a firearm and one is allowed to own and possess one. The open carry law (790.053) does not apply and there are no further regulations put forth in the statute. So from reading the book I would have to say that you can carry open, but it's really not the best idea-people are not used to seeing someone carry open without wearing a uniform.

                    Comment


                    • #11
                      Ok gang,

                      Yes, I currently reside in Missouri and have a ccw. In Missouri it is legal to open carry with a few exceptions, a few local ordinances prohibit it. I believe it's just a matter of people becoming accustomed to seeing non LEO open carry. Around here no one hardly raises an eyebrow at someone open carrying.

                      Some of my interest in posting in this forum is because I plan on retiring in your great state. I sincerely hope that the Florida law makers provide me the option to open carry my firearm if I so chose. As my waist line tries to catch up with my age, I find that I prefer to open carry because it is much more comfortable. I also plan on consuming a large amount of fresh seafood while i'm there.
                      My kids and grand kids live in Kingsland, GA and I want to be able to protect them from harm should the need arise.
                      I know that is what Law enforcement is paid to do. But the supreme court says that LEO's are not legally required to even respond to my call for help. No offense but the average response time is 6 minutes, more ir rural areas.

                      In my home state of LA, car jacking's were becoming a slaughter house. The lawmakers passed a law that said if you even think you are being car jacked shoot , no repercussions. Car jacking declined 97 percent almost overnight.

                      I'm not saying that LEO's should let their guard down about open carry. Not to profile, but if I saw a young man all tatted up, with a bandana and had a pistol carried in his waist band gangster style I would want you to at least check his ID.

                      Everyone with a gun is not a bad guy. Me personally I would be more concerned with the guys that are concealing weapons.

                      So back to my fishing question what is going and coming, How would you define that.

                      Woody,

                      Comment


                      • #12
                        Reply to kmagnuss

                        Originally posted by kmagnuss View Post
                        I'm not LEO (yet) but I seem to remember reading that once you are in your vehicle, you absolutely cannot open carry. The gun has to be in a closed container of sorts (glove box, gun case, etc)...unless you have your CCW, then you may CC. But under no circumstances may you openly carry a hangun. The statute you quoted, to my understanding, is specifically referring to you being out of a vehicle.


                        As far as openly carrying while fishing on the pier...I have no idea. I wouldn't do it though.
                        kmagnuss, the statute says that the law for open carry 790.53 and790.06 License to carry concealed weapon or firearm does not apply. Can you site the code for no open carry in your vehicle. I posted this question in the legal forums and several FLA attorneys opinion's say that open carry and also conceal carry without a permit while hunting, fishing, camping is legal. They all flutter on the coming and going part.


                        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:

                        (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.

                        Comment


                        • #13
                          Woodyga,

                          By no means do I take your thread other than what it is worth at face value. Trust me, it takes a lot to offend me

                          I read the statute in its entirety (as well as a couple of others), and it looks as if it is perfectly legal to carry openly while fishing. However, it is a VERY touchy situation. For this thread, I am going to go with the old saying, "Just because you CAN do it doesn't mean you SHOULD do it." Before this thread was created, I had no idea about the open carry laws regarding fishing, hunting, camping, etc..., and you can bet a lot of FL cops (especially new ones) are not aware of the fishing, camping, and hunting exception provided in 790.25. If it were me, I'd Terry Stop you, but I'd have my service weapon VERY readily available to me if need be. You may be a really cool guy, but this is after several postings and even then, I have no idea who you are. Imagine an officer who rolls up on you and sees you fishing on the pier with your weapon hanging out. The end result may not be so great. You'll either be detained and distracted from your fishing experience until you cite the statute, or thrown in jail because there is a loophole saying somewhere that openly carrying while fishing is fine, but you can't do it on land.

                          So my final decision is.... Can you do it legally? YES. Should you do it. NO.
                          09

                          Comment


                          • #14
                            Originally posted by woodyga View Post
                            In my home state of LA, car jacking's were becoming a slaughter house. The lawmakers passed a law that said if you even think you are being car jacked shoot , no repercussions. Car jacking declined 97 percent almost overnight.
                            Err actually, no they didn't.
                            14:64.2. Carjacking

                            A. Carjacking is the intentional taking of a motor vehicle, as defined in R.S. 32:1(40), belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation.

                            B. Whoever commits the crime of carjacking shall be imprisoned at hard labor for not less than two years and for not more than twenty years, without benefit of parole, probation, or suspension of sentence.

                            Acts 1993, No. 488, §1.
                            Nothing in RS 14:64.2 allows you to do that nor has any law been passed saying shoot whoever you think is going to car jack you.
                            In Memory of A Fallen Hero

                            Comment


                            • #15
                              You're messing with our heads with this loophole law I've looked and it seems like you can carry open in the car, but at no time can you carry concealed.

                              Comment

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