Open carry in Florida

[StogieC]

so what should i be doing first, i just want to help educate the cops in this area on these guns laws so that i don't have a gun shoved in my face next time i go fishing

Ideally you get the county attorney to send a memo to the Sheriff's Office training officer and patrol commander clarifying that open carry is legal while on (and going directly to and from) a fishing, camping, or hunting expedition. Then you speak to the highest ranking supervisor you can to make sure the patrol deputies are informed.

Never rely on the PD or Sheriff to interpret law. That's what the city, county, and state attorneys offices are for. If you get resistance from the county attorney, let me know.

[XDM40]

this is the response i got back today from the sheriffs office.



Dear Mr. Robbins,

Thank you for your inquiry and concern. I'm sorry to say that I don't have a conclusive answer for you at this time. I will however research the issue and have an answer for you as soon as possible. I also would recommend against openly carrying a firearm while fishing on the Shalimar bridge and here's why ? I don't believe the intent of the statute is for the open carrying of a firearm in a public place. I would identify the Shalimar bridge as a public place again to a public fishing pier. Rather, the meaning or intent described in (790.25 3h) regarding "a person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition", is an interpretation issue.

Again the description of expedition is a matter of interpretation and one that could depict travel or activity in a wilderness, rural and/or unpopulated area. It does provide provisions for the open carrying of a firearm while traveling to and from the fishing, hunting, and camping designation. I however don't know if the statutory intent is clear cut when describing a populated fishing, hunting, or camping venue.

I have passed your inquiry on to our staff attorney to ensure that a cross reference of other governing statutes can be accomplished. They could provide a clearer picture of this single excerpt from FSS 790.25. In any event, we will attempt to obtain a better and more definitive answer for you as soon as possible.

With Warm Regards,


Larry Ashley, Chief Deputy
Okaloosa County Sheriff's Office

Office: 850-651-7410
Fax: 850-609-3048
E-mail: lashley@sheriff-okaloosa.org

[StogieC]

I would like to see what they come back with before we contact them. See if you can get the name and number of their staff attorney and follow up next week.
There is no exclusion for public places. In fact, we usually hold open carry events on the busiest piers and fishing venues we can find.

[XDM40]

I'll give them a week and see what happens. If I haven't heard anything from them by next Friday I will get ahold of the staff attorney and go from there. I also have a patient at my work that works in the local DA office and she is going to look into the law for me and let me know what the attorneys say.

[StogieC]

It is settled law with appellate court precedent backing it up. There is no rural requirement to FL Statute 790.25(3)(h) and the county is specificity preempted from creating its own law on the matter by 790.33.