Florida Open Carry Question..
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Thread: Florida Open Carry Question..

  1. Florida Open Carry Question..

    I know this has been touched on before but wanted to bring it back up again..I was on the NRA website and found this and from what it says is that it is legal to open carry if you have a license..Here is what I found..

    "Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

    Exceptions:

    1. Persons having firearms at their home or place of business.

    2. Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.

    3. Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions.

    4. Persons engaged in fishing, camping or hunting and while going to or from such activity.

    5. Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place.

    6. Persons who are firing weapons for target practice in a safe and secure indoor range.

    7. Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.

    8. Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back.

    9. Persons engaged in the business of manufacturing, repairing or dealing in firearms.

    10. Military, law enforcement personnel and private guards while so employed.

    It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use. A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use. This exemption does not authorize the carrying of a firearm concealed on the person".



    The part that is in question is this.."Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license". It says it is unlawful without a license, but I have a license. So how do they say we can't open carry? We can't conceal or open carry without a license..

    And exception #5 says that you can open carry to a place to target shoot..
    Where does it actually say we can't open carry? I haven't been able to find it..Cheers.

  2.   
  3. #2
    Join Date
    Jul 2008
    Location
    Sunny South Florida
    Posts
    486
    No Problem. Just strap on your weapon and pin on that badge that you have as your avatar so LEO knows you have a license and you should be good to go


    Florida statute says:


    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.

    Good luck in defending against statute with opinion of the NRA.


  4. Talking Reply

    You would figure that the NRA would be up to date..They are outdate according to this..



    Number: AGO 91-36
    Date: May 17, 1991
    Subject: Concealed firearms licencee, open wearing of firearm


    The Honorable Charles M. Holcomb
    Circuit Judge
    Eighteenth Judicial Circuit

    RE: WEAPONS AND FIREARMS–LICENSES–CRIMES–open wearing of firearms. ss. 790.053, 790.06, F.S.

    QUESTION:

    May a holder of a concealed firearms license pursuant to s. 790.06, F.S. (1990 Supp.), legally carry or wear the firearm unconcealed, i.e., on the outside of his clothing, in the same places in which one may legally carry a concealed firearm without violating s. 790.053, F.S.?

    SUMMARY:

    A person who is licensed pursuant to s. 790.06, F.S. (1990 Supp.), to carry a concealed firearm is not authorized by virtue of that license to openly carry a firearm in violation of s. 790.053, F.S.

    Section 790.053, F.S., specifically prohibits the open carrying of weapons:

    "Except as otherwise provided by law, it shall be unlawful for any person to openly carry on or about his person any firearm or electric weapon or device; provided, however, that a person may openly carry a stun gun or nonlethal electric weapon or device designed solely for defensive purposes, which weapon does not fire a dart or projectile. Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

    Thus, in the absence of a statute specifically authorizing such conduct, it is unlawful for any person to openly carry a firearm.

    Carrying concealed weapons is also made unlawful by Florida law. Section 790.01(1), F.S., provides that "[w]hoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree . . . ." However, the provisions of this statute do not apply to persons licensed as set forth in s. 790.06, F.S. (1990 Supp.).[1]

    Section 790.06, F.S., supra, authorizes the Department of State to issue licenses to carry concealed weapons or concealed firearms[2] to persons who meet the statutory requirements. Among the requirements for licensure are Florida residency for at least six months, attaining the age of 21, absence of a physical infirmity which would prevent the safe handling of a firearm, absence of a felony conviction, and demonstrated firearm competency.[3]

    Further, the provisions of ss. 790.053, F.S., and 790.06, F.S. (1990 Supp.), do not apply in those instances provided in s. 790.25(3), F.S. (1990 Supp.). When using a firearm lawfully, as set forth in this statute, a person does not need a license when engaged in such activities as: fishing, camping or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;[4] and traveling by private conveyance when the firearm is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession.[5] A person possessing arms at his or her home or place of business is also within the scope of this statute.[6]

    Thus, the possession of a concealed weapons license does not authorize a person to openly carry a weapon. However, to the extent that a weapon is carried openly for the specified lawful uses set forth in s. 790.25(3), F.S. (1990 Supp.), or as otherwise authorized by statute, such conduct is lawful.

    Sincerely,

    Robert A. Butterworth
    Attorney General

    It is stupid that we can open carry if going fishing, hunting or camping but not in everyday life to protect ourselves if we want to.

    The badge has nothing to do with what I was talking about and it is good to question authority and not just follow along as sheep since we are Sheepdogs, as NutnFancy says..Cheers

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