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| OpenCarry.org - Discussion Forum > Stories From The States > Florida > Traveling to Florida... should I carry my gun?
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Saint Regular Member
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I am going to be visting family in florida in early January. I am 19 years old, am working on obtaining a CC permit from Maine, and carry open in Idaho about 90% of the time. So my question is... Should I even bother to bring the gun with me to Florida? Does Maine have reciprocity or is there some way in which i could carry without a permit (i.e. Utah style, no mag in gun, in a locked case... etc) I don't like the thought of being without my weapon but I also don't want to get into a fight with officers from a state who's laws i'm not familer with. Any thoughts? |
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giblackjack Regular Member
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well, for starters, open carry is prohibited here in FL, and CC holders must be 21 years of age to carry concealed. As far as carrying in a locked case, etc. I don't think that's permitted unless you're carrying your gun to/from hunting, fishing, camping, or a target range. However, because I'm not a legal authority, and my knowledge is not 100% regarding this issue, I encourage you to look over Florida Statute 790 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm good luck, and hopefully someone else might be able to spread more light on the issue for you. |
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ChronoSphere Regular Member
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I think you would be able to keep a gun in the glovebox of your car, but you will not be able to carry. Even if you had your ccw in another state that FL has reciprocity with, FL law about only carrying if you're 21 would still apply. You cannot open carry in FL, and carrying it in a case with you around would be considered concealed. |
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WVCDL State Researcher
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Here's what I wrote on another thread: Pursuant to Florida Statute §790.015, Florida only recognizes licenses issued to residents of reciprocal states who are at least 21 years old. However, under §790.25(5), a person who is at least 18 years old may carry a "securely encased" firearm in a vehicle without a license. According to the Florida Department of Agriculture & Consumer Services (Florida's CCW licensing agency) (FAQ #6 on the Florida reciprocity page: I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options? You should bear in mind that unlawfully carrying a concealed firearm in Florida is a felony under §790.01(2) and open carry is unlawful under §790.053. With the exception of legal, "securely encased" car carry, you have no means of legally carrying a gun in Florida until you are 21 years old. |
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Saint Regular Member
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Ok so if I am undestanding right, I can carry my handgun in the car with me so long as it is (at minimum) kept in either the glove box or in some type of hard holster. Does the gun have to be unloaded? (By loaded I mean mag in the gun and round in the chamber) If it needs to be unloaded, does that mean that i can keep the mag in the gun if the chamber is empty or do i need to remove the mag as well? Finally, if I do have to carry unloaded, does Florida have any statutes regarding carrying ammunition in a vehicle or about my person assuming that my gun is secured in a holster or in my glove box? Thanks for the help everyone! |
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giblackjack Regular Member
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I've never heard of having to keep the gun unloaded while in the car, as described in posts above. If I remember correctly, the reason for that is that a number of years ago, there was some car-jacking or kidnapping from a car (don't remember exactly what), so the state passed legislation to allow gun owners to carry loaded weapons in vehicle's glove compartments so that your ordinary citizen could fight back if the situation ever arose again. |
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captainamerica Regular Member
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There's a lot of real estate between Maine and Florida if your driving. I'd say yes but know the rules on CCW and OC before traveling. I take a handgun everywhere I go and always put it in my room/tent with me at night; even if daytime driving/carrying is not an option. But do check the laws. |
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kcrom Regular Member
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Don't make it up just read the Law. Title XLVI CRIMES Chapter 790 WEAPONS AND FIREARMS 790.25 Lawful ownership, possession, and use of firearms and other weapons.-- (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. |
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Wulirider Regular Member
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Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns. Could someone clarify why handguns are excluded in Fl law statures or that is how I read it 790.25 Lawful ownership, possession, and use of firearms and other weapons.-- (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. Thanks Noel |
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brboyer Regular Member
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Wulirider wrote: Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. Handgun (without CWFL) - must be Securely Encased OR not Readily Available for Immediate Use () Long Gun - You can have it anywhere in any condition. I drive around with my AR in my lap. 790.001 (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. (17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. |
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WVCDL State Researcher
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Wulirider wrote: Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns. Read each sentence separately. Handguns must be "securely encased" as defined in Fla. Stat. § 790.001(17) and not concealed on the person, unless the person has a concealed weapon license. Long guns transported for a legal purpose need not be "securely encased." |
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Wulirider Regular Member
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Thanks for your insights to the reading of the statute. I travel with a 9mm in a case, and carry concealed when walking, no license, just a natural 2nd Amendment action, as travel all over America visiting. Often carry my shotgun pump too, in rear in a case. thanks again Noel |
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brboyer Regular Member
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Wulirider wrote: Thanks for your insights to the reading of the statute. Felony in Florida...Just an FYI. |
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Grapeshot Founder's Club Member
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brboyer wrote: Wulirider wrote:Thanks for your insights to the reading of the statute. As it would be an illegal act in 48 states + D.C. Why not OC where legal? That is what this forum is about. Yata hey |
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Wulirider Regular Member
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I have thought about that, felony in Fl, and elsewhere. I chagrin to know others feel my personal responsibility to myself, family and friends, to defend and protect is considered a crime, when circumstances, situations do arise where self defense is necessary; but I, without my firearm, left in the car or at home,---because of a law---does not protect me in said same situation. I will continue to carry here and anywhere as a natural right to self defense, knowing I am a man of sound mind and body and self responsible. Maybe even Florida, will move toward recognition of the true meaning of the 2nd Amendment, not in 'making it a law' but recognizing the right of any individual, at any time, that "...the right to keep and bear arms shall not be infringed." That is a natural right of self preservation. I really do not see any words in the phase quoted that abdicate any of my self responsible behavior to another who is not present when harm comes my way outside my home or office. As a side note, it seems only in government controlled places, government schools, airports or planes, courtrooms, where the private citizen is disarmed, does the criminal with impunity seem to get away with murder. No, defending myself at home, work or out in the world, in neither of the three instances mentioned just mentioned, do I surrender my right to self defense. You asked, I tried to explain: self responsible behavior does not decrease just because another person or group makes self responsible behavior illegal. Explain to me how a thug attacking you in the streets, attempting to rape your daughter in the alley, should get away with such behavior, when if tried in the house or your office, you would---or she would (my daughter) shoot him dead. I will do the same---and she would, in the alley, with the same reasoning as if the criminal tried to do so in my house or vehicle! Liberty has a price and making self defense a felony does not negate the natural right to defend yourself or family at home, work or the world. Sincerely N |
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Grapeshot Founder's Club Member
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I understand fully the 2nd Amendment and what it should mean to all people and I comprehend the need to defend one self whereever and whenever the need might arise. I'll not argue those points. What I would hate to see happen is that you could loose your RKBA permanently through circumstances not of your choosing. Were the STHF one night, you might claim the doctrine of lesser evils as your defense but I would not wish to bet my future on it. What good are you to family and friends while you are incarserated? Principles are better defended by an activist outside the walls and razor wire than from within them. Better to OC where you can, have a permit for times you cannot and join the struggle to restore fully our rights under the 2nd Amendment. Yata hey |
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woodyga Regular Member
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I posted a few questions in officer.com about fss 790.25. Got some interesting repsonces. here's the link to the thread. http://forums.officer.com/forums/showthread.php?t=120401 enjoy Woody, |
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Grapeshot Founder's Club Member
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woodyga wrote: I posted a few questions in officer.com about fss 790.25. Got some interesting repsonces. Welcome to our world - hope you enjoy and stay a spell. Interesting link and conversation, though I have to admit very few of us here would take a LEO's response as gospel. Not knocking LEOs when I say that either. There are some well intentioned that are simply misinformed and there are a few bad apples. Overall, I think it depends on the departmental leadership, their attitudes and current training. Most LEOs are good, responsible and hard working. Still what Officer Leo tells you won't help you in court. Better to do your own research and come to your own conclusions. This forum, maps and links will start you in the right direction. Yata hey |
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woodyga Regular Member
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Thanks Grapeshot I concur, I wont take their opinions as gospel. There were a few rouges in there that wanted to prone me out. I believe I opened a can of worms for them. Most FL LEO's were unaware of the statute. Now there going oh S%^t Im gonna have a bunch of cowboys fishing from my piers. Causing them a bunch of paperwork. I thought it was interesting though. I have a MO CCW. I have open carried a few times in my home town of Jackson. I have kids/grandkids that live in GA were open carry is legal with a GFL. So hence my interest in open carry in Fl, they live right at the state line between GA and FL. Woody, Last edited on Fri May 15th, 2009 02:33 am by woodyga |
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Grapeshot Founder's Club Member
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woodyga wrote: Thanks Grapeshot There are a few other threads on OCing fishing in Florida. http://opencarry.mywowbb.com/view_topic.php?id=20492&forum_id=17&highlight=oc+fishing+florida Use the forum search button up top for "OC fishing Florida." Yata hey |
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woodyga Regular Member
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Quick question, Can I open carry in Ga with My MO CCW permit? Going to visit in Sept, "a new grandbaby.... WA HOO". Thanks Woody, Last edited on Fri May 15th, 2009 02:30 pm by woodyga |
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Grapeshot Founder's Club Member
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woodyga wrote: Quick question, http://www.handgunlaw.us/ Yata hey |
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rcawdor57 Campaign Veteran
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OK. One more thing I have to point out that many people do NOT know about Florida firearm laws: You actually CAN open carry in Florida under certain circumstances. Think about it. If you are hunting in Florida how do you do it? How about target shooting? How about in your home? Here is the exception statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=-%3E2008-%3ECh0790-%3ESection%2025#0790.25 Here is part of the exception for us normal people for open carry: (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) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business; (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place; (k) A person firing weapons in a safe and secure indoor range for testing and target practice; (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession; (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business; (n) A person possessing arms at his or her home or place of business; When I lived in Florida I attended gunshows all over the state. We would openly carry our handgun(s) in holsters and carry our long arms into and out of the gun show building(s) to and from our vehicles in the parking lots. This is legal in Florida and the police in Florida are VERY friendly (in my opinion) to gun owners. I never had any issues with the police and I had many interactions with them over the years professionally. So think about it, if you are traveling to or from hunting, fishing, target shooting, etc...IAW the above statute you CAN openly wear your handgun in your vehicle. I did it for over 8 years when I lived in Plant City, Florida to and from the shooting range in Lakeland. I had five neighbors who were all police officers and they all knew I was the "gun nut" of the neighborhood. Hope this helps and sorry for such a long post! P.S. 790.053 Open carrying of weapons is a second class misdemeanor in Florida except as stated in the exception statute above. |
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stormchaser Regular Member
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rcawdor57 wrote:
imo this is not open carry,nor is it even close to the 2nd Amendment, if anything it's state controled carry.i feel sorry for gun oners in fl. |
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Grapeshot Founder's Club Member
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My understanding of Florida law (excepting the cited conditions) is that concealed means concealed - You can even be cited for printing! Basically, Florida does not allow OC. Don't think that being in a snapped holster beside you on the seat is going to qualify as "securely encased." OTOH - under the seat in a bolted to the floor gun safe would. As to the Asst. DA bringing a loaded revolver to class for demonstration purposes, I'm out of there. His employment/title doesn't make him safe or smart. Yata hey |
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rcawdor57 Campaign Veteran
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On the seat next to you in a snapped holster, a box with a lid on it, a gun case, etc...as described in the statute is 100% legal and practiced by hundreds of thousands of Floridians daily. Walk into some businesses in Florida and all the employees are openly armed, especially Chinese takeout restaurants. On the concealed side of the equation in Tampa there are more concealed carry licenses than the entire state of Kalifornia. If you are camping, hunting or out in the open as described in the exceptions statute for open carry you can indeed legally open carry and believe it or not the police rarely and I mean rarely stop you and ask questions. I always wore my Glock openly in my home, at the range to and from camping and during camping and never had any issues with the police or anyone else. Putting the gun under the seat is not in the statute and it is possible that you would get at least a ticket for it. Also in Florida you can legally open carry a defensive electric stun gun or mace of your choice. Unlike Wisconsin if you even HAD an electric stun gun you have committed a felony. Seems to me Florida is much more gun friendly than many other states including Wisconsin. Simply because you cannot always open carry doesn't mean the second amendment isn't supported. The CCW will be issued to you as long as you are not a criminal or mentally defective or have a domestic violence order against you. As for printing who wants to show anyone they are carrying a concealed firearm? I don't know of any anti-printing statute in Florida's laws but there may be one that I have not run across. As for the Assistant D.A. with a loaded gun so what? You speak of practicing open carry and you want people to respect you but you won't respect a law enforcement official? In Florida as in many states judges, d.a.'s and police practice concealed carry and actually do get to the range to know their gun and their own limitations. I fail to understand your logic that if the d.a. brings a loaded gun to class you are "out of there" but it is OK to open carry a loaded gun? In Utah and one other state...Colorado I think...you can legally wear a concealed gun in college classes. Knowing that would a person never go to class in fear that someone has a firearm? The paranoia about firearms is just that...paranoia. I grew up with firearms since I could crawl and took care of all the guns my father owned. Most were rifles and quite a few shotguns and they all ended up in gun racks in my bedroom. My father had an old Colt .41 revolver, a S&W airforce survival revolver and a Beretta .25 auto that I also took care of. My brother and sister and I shot frequently with me shooting quite a bit more than they. We never had any accidents or ever handled the guns irresponsibly. Why? Because we were raised with guns and respected their capability and knew how to handle them. When I see people look at my gun while I open carry often times their eyes turn to saucers and I can see the irrational fear they have. The left wing media, teachers and others have pushed the gun paranoia so far that many, many people have an irrational fear that the gun is going to get up and start shooting all by itself. That is just crazy. |
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Grapeshot Founder's Club Member
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rcawdor57 wrote: On the seat next to you in a snapped holster, a box with a lid on it, a gun case, etc...as described in the statute is 100% legal and practiced by hundreds of thousands of Floridians daily. Walk into some businesses in Florida and all the employees are openly armed, especially Chinese takeout restaurants. On the concealed side of the equation in Tampa there are more concealed carry licenses than the entire state of Kalifornia. If you are camping, hunting or out in the open as described in the exceptions statute for open carry you can indeed legally open carry and believe it or not the police rarely and I mean rarely stop you and ask questions. I always wore my Glock openly in my home, at the range to and from camping and during camping and never had any issues with the police or anyone else. Putting the gun under the seat is not in the statute and it is possible that you would get at least a ticket for it. Also in Florida you can legally open carry a defensive electric stun gun or mace of your choice. Unlike Wisconsin if you even HAD an electric stun gun you have committed a felony. Seems to me Florida is much more gun friendly than many other states including Wisconsin. Simply because you cannot always open carry doesn't mean the second amendment isn't supported. The CCW will be issued to you as long as you are not a criminal or mentally defective or have a domestic violence order against you. As for printing who wants to show anyone they are carrying a concealed firearm? I don't know of any anti-printing statute in Florida's laws but there may be one that I have not run across. I intend no animosity to you personally but I do take exception to the contention/implication that Florida allows OC in any truly reasonable fashion. Having a gun securely encased while in your vehicle hardly qualifies for OC. Employees/owners OCing in their home or place of business - good. Now what happens when they walk out the door onto the sidewalk or make a delivery? Ooops - that ain't legal. In Florida, you can OC at the range including while going to and from the range. How exciting! You can even OC while hunting or fishing - wow! Now what happens if you stop for a burger and fries along the way while OCing? Might be a slight problem. While most any related post to RKBA is acceptable here, the primary focus is on open carry. Florida may have some good laws on the books, but few could be stretched so far as to imply that Florida is OC friendly. That, sir, is my point. Live ammunition in a classroom environment may be OK with you but is not acceptable to this writer. You can't have an ND if no ammo is available. Some departments/academies/schools have written policy regarding this for good reason. End of story. Yata hey |
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rcawdor57 Campaign Veteran
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"Don't think that being in a snapped holster beside you on the seat is going to qualify as "securely encased." OTOH - under the seat in a bolted to the floor gun safe would. As to the Asst. DA bringing a loaded revolver to class for demonstration purposes, I'm out of there. His employment/title doesn't make him safe or smart. Having a gun securely encased while in your vehicle hardly qualifies for OC. Employees/owners OCing in their home or place of business - good. Now what happens when they walk out the door onto the sidewalk or make a delivery? Ooops - that ain't legal. In Florida, you can OC at the range including while going to and from the range. How exciting! You can even OC while hunting or fishing - wow! Now what happens if you stop for a burger and fries along the way while OCing? Might be a slight problem. While most any related post to RKBA is acceptable here, the primary focus is on open carry. Florida may have some good laws on the books, but few could be stretched so far as to imply that Florida is OC friendly. That, sir, is my point. Live ammunition in a classroom environment may be OK with you but is not acceptable to this writer. You can't have an ND if no ammo is available. Some departments/academies/schools have written policy regarding this for good reason. End of story." Hello, I agree completely with you that Florida is not an open carry state as are many others that specifically allow it. My first post was in response to open carry and vehicle carry in Florida. My point in my original post about Florida is that there are exceptions to the law as stated in my post and if anyone in Florida does open carry they should indeed be aware of those exceptions where it is legal. You may not think much about having a sidearm on you when going to and from the places mentioned in the exceptions but you can legally open carry in those cases. Nothing in the law states that you CANNOT stop to and from the range or camping or whatever but I agree with you that it may not be prudent to do so. In the Florida statutes there are several places where this is stated: "This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012." As for carrying in a vehicle I agree 100% it is NOT open carry. I never said it was. I was posting a response based on Wulirider's question about carrying a handgun in a private conveyance in Florida. Since I was a resident of Florida from 1979 to 2007 and familiar with the statutes I posted them. I also agree this is an Open Carry forum and we should concentrate the majority of our efforts on lawful open carry. But to not post the facts about open carry exceptions or vehicle carry simply because the site is named "Open Carry.org" seems a bit stifled. As for loaded firearms in classrooms? Doesn't bother me a bit. Ever been to the police academy? How about the military? Done both. Everyone was armed and no problems. Wish things were like that today. The college I attended in Florida was on a Naval Base; Orlando Naval Base to be exact in 1986 through 1989. Now this is or was Federal land and our instructor, a civilian who happened to be the A.D.A. of Orange county brought his loaded revolver to class in a briefcase. This was 100% legal then and most likely now because he was an officer of the court. The civilian law enforcement community and the federal magistrate had an agreement for legal jurisdiction for the naval base . The A.D.A. of course unloaded it before he passed it around and familiarized the class with the handgun. Not one person out of about 30 or so even flinched or said anything hysterical about the revolver. Why would they? Jump ahead to today and the outcry is akin to being burned alive. We see armed police in our kids schools and on college campuses today. Police go to schools and give speeches while routinely being armed openly. They are the only ones who can legally have a firearm on school grounds in all but two states. That is very sad and unconstitutional. If I were attending college today I would absolutely want to be legally armed, either openly or concealed but as you said almost all schools, colleges, etc don't even allow the firearm on school grounds. Semper Fi! |
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Grapeshot Founder's Club Member
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rcawdor57 wrote: snip.... Yep, been there done that. I was an academy instructor for years. Got my wall of glory too, but packed 'em and boxed 'em. Problem is with classes, especially with those for permits, is that you have a lot of FNGs and there are liability issues. Live ammo belongs on the range. I personally know of no instructor that will permit live ammo in their classroom. It is not hoplophobia but good sense. YMMV Yata hey |
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rcawdor57 Campaign Veteran
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Glock It Regular Member
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I hate to pile on FL's OC issue or lack there of.. but have to somewhat agree w/ Grapape.. one shocking thing here we cannot OC even at ..ready for this ...firing ranges.. A new range opened up in Okeechobee that was going to be the cats meow..a rifle range, pistol, shotgun, 100-300 yd, tactical range.. they permit AK/SKS..(the Palm Beach Sheriff Range) does not then I see in its by laws in small print ....NO OCing at anytime unless you are on the firing line..unreal..so if I am using the rifle range, I must lock up my pistols in a locker way the hell away (the place is huge) and walk back and forth to get them.. Needless to say that its a NO-GO..for me now.. |
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rcawdor57 Campaign Veteran
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We all have to exercise our right "To Keep And Bear Arms" as much as possible and show people that we are people just like them! They have the same rights we do and we are exercising those rights. I wish people would get up off their duffs and become active in society and exercise RIGHTS instead of allowing the far left to set the agenda for this country. |
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