What is Legal and/or Illegal?

[Zeroed in]

I was getting gas at a Mom/Pop store yesterday, when a guy pulls up and parked beside the building. He exits his vehicle, openly carrying a 1911 .45. He had 2 fishing rods hanging out the rear window of his pos car he was driving. He was a typical dirtbag looking person, dirty unkempt hair and dirty clothes. But he had his mangy t-shirt tucked in. If he didn't have that "Look at me" strutting gait, I'd swore he was going to rob the place. After about 15 minutes in the very uncrowded store, he comes out with a soda pop, strutting back to his car, even gave me a quick smile to ensure I saw he was strapped.

So, under FSS: 790.25 (3)(h) (lawful uses), it reads;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

As I read it, you are not engaged in fishing inside a store or getting gas at a gas station.

So do you believe this includes carrying inside stores or wherever you want because "I'm going to/fro Fishing"?
Does it cover stopping for gas and bait, or cover going inside a store John Wayne style to get a soda pop?
What's you thought?

 

[RED-85-Z51]

I was getting gas at a Mom/Pop store yesterday, when a guy pulls up and parked beside the building. He exits his vehicle, openly carrying a 1911 .45. He had 2 fishing rods hanging out the rear window of his pos car he was driving. He was a typical dirtbag looking person, dirty unkempt hair and dirty clothes. But he had his mangy t-shirt tucked in. If he didn't have that "Look at me" strutting gait, I'd swore he was going to rob the place. After about 15 minutes in the very uncrowded store, he comes out with a soda pop, strutting back to his car, even gave me a quick smile to ensure I saw he was strapped.

So, under FSS: 790.25 (3)(h) (lawful uses), it reads;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

As I read it, you are not engaged in fishing inside a store or getting gas at a gas station.

So do you believe this includes carrying inside stores or wherever you want because "I'm going to/fro Fishing"?
Does it cover stopping for gas and bait, or cover going inside a store John Wayne style to get a soda pop?
What's you thought?

As far as the law should be concerned...if he was coming from or going fishing...he is good to go.

Now...explaining that to a rookie cop, on your stomach with 6 guns pointed at you while 6 people are screaming 6 different orders...can get interesting.

Sent from my LM-G820 using Tapatalk

 

[Bowhntr6pt]

Not a lawyer (no shit, right?). But I'd not touch it as a cop.

IMO, which is worth what folks pay for it, I would consider a temporary stop, contemporaneously with one of the statutory exemptions, would be lawful.

The "going to or returning from" is open to wide debate, I know of no case law on the matter. Not saying there isn't any, I'm just not aware of it.

Remember... the law says what it says and doesn't say what it doesn't say.

Even if there is case law on the matter, and such a stop has been determined to be unlawful, I choose to educate vs. enforcement.

 

[Rebel_Rider1969]

If yall lived in the free state of Alabama you would see this alot more. Constitutional carry here. Loaded,open,concealed no matter. Sweet home Alabama!

 

[Bowhntr6pt]

Now...explaining that to a rookie cop, on your stomach with 6 guns pointed at you while 6 people are screaming 6 different orders...can get interesting.

Sent from my LM-G820 using Tapatalk

Yep, and there are some real winners in uniform...LOL.

 

[Rebel_Rider1969]

Yep, and there are some real winners in uniform...LOL.

Yep, an thankfully they are "school resource " officers. No offense to any of the good officers that have that crap job.

 

[Rebel_Rider1969]

Also, 2a is for Everyone. EVERYONE.

 

[War-Buff]

My thought is that it took you a long time to get gas

 

[SAWMAN]

I am always armed. I never,EVER go into a gas station or convienance store ( unless they have fried chicken livers).
Now if he exhibits,draws the weapon,threatens, etc. Then I will protect myself,call the cops,and hopefully be a good witness. Other than that,the store can deal with it. --- SAWMAN

 

[Telum Pisces]

In FL, technically not legal in how I interpret the law. Notice how I said, "how I interpret" the law. I open carry to and from the woods all the time! I conceal it when I have to stop and get out for gas or something of that nature! That may be simply throwing my jacket or long shirt over it and printing like crazy. But I do not openly where it outside my vehicle when going to and from the woods at a gas station on purpose. I've done it on accident and another guy said I was showing and I gladly thanked him and went along with my business.

 

[USAF Sarge]

My understanding is/was......You can open carry from the car to where you are fishing/hunting and back. Once you're in a vehicle if you have a CCP you have to convert to concealed carry, if you don't have one you put it in a glove box or store it somewhere.

Reasoning is that open carry in a vehicle is considered illegal in Florida, there is no vagueness in the law that I'm aware of on that fact, when it comes to normal citizens.

I base this answer on what I've been told by several LEOs when I asked the same question.

 

[wildrider666]

Non Lawyer opinion. Fl: for specific exemptions allowing OC it includes: to and from. It does not further define the method of movement to and from as being walking, driving, flying, swimming, riding a bicycle or on roller skates. It does not state a requirement to cease OC in a vehicle and resume OC when on foot or in the boat. One Statute does not superced nor is subordinate to another Statute unless stated therein.

I recommend people follow the Statute that applies to what your actually doing or want to do.

A. No FWFL: Allowed to have in your vehicle; a loaded handgun "enclosed or snapped in a holster" (that is not on you body). OC/CC on YOUR property, on YOUR business property.
B. OC to/from and while engaged in exempted activities (shooting range, hunt, fish, hike, boat,....).
C. With a FWFL, CC in your vehicle or outside your vehicle except where Restrictions Apply.
D. No FWFL, CC while proceeding under a Emergency Evacuation Order within the boundaries of Fl.

I think that's all the Gov granted permissions. Lol

 

[Zeroed in]

My thought is that it took you a long time to get gas

Yup, sometimes it takes a bit of time to fill up a truck gas tank, then pull up to fill up a 18 gallon boat gas tank with the same pump, and check the oil. But good thing you "thought" about it.

 

[FrommerStop]

Non Lawyer opinion. Fl: for specific exemptions allowing OC it includes: to and from. It does not further define the method of movement to and from as being walking, driving, flying, swimming, riding a bicycle or on roller skates. It does not state a requirement to cease OC in a vehicle and resume OC when on foot or in the boat. One Statute does not superced nor is subordinate to another Statute unless stated therein.

I recommend people follow the Statute that applies to what your actually doing or want to do.

A. No FWFL: Allowed to have in your vehicle; a loaded handgun "enclosed or snapped in a holster" (that is not on you body). CC/CC on YOUR property, on YOUR business property.
B. OC to/from and while engaged in exempted activities (shooting range, hunt, fish, hike, boat,....).
C. With a FWFL, CC in your vehicle or outside your vehicle except where Restrictions Apply.
D. No FWFL, CC while proceeding under a Emergency Evacuation Order within the boundaries of Fl.

I think that's all the Gov granted permissions. Lol

The car part is tricky.

Vehicle Carry Without License


Florida Statue 790.251(5) states that keeping a firearm in a private vehicle without a license is lawful if it is “securely encased” or “not readily accessible for immediate use.” The first condition dictates that the gun must be stored inside one of the following:

• glove compartment (locked or unlocked)
• holster
• gun case or zippered gun case (locked or unlocked)
• closed container (locked or unlocked)

The second condition prohibits the firearm being “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.” A gun owner must satisfy at least one condition, he or she does not have to satisfy both conditions in order to legally keep a firearm inside their vehicle.

https://grahamlegalpa.com/florida-gun-law-firearms-in-vehicles/

 

[wildrider666]

The car part is tricky.

Even Lawyers screw up: wrong Ref, should be 790.25(5) and under 790.001 Definition of "Securely Encased" reguires "Snapped" in a holster. "Snapped" is not defined but is as important as "zipped" gun case, "closed" box, requires "lid or cover" to be opened for access.

Regarding OP referenced strutting gun peacock:

(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

 

[B52]

The it's badly written law. Beside being unconstitutional. What do you want. I carry open because I am always going to or from a shooting range or gun store. Go talk to Senator Scott, our former pro-gun governor that signed ugly anti-gun FL laws. I'm sure he will tell you what you want to hear about the law. Just to get your vote.

 

[B52]

My understanding is/was......You can open carry from the car to where you are fishing/hunting and back. Once you're in a vehicle if you have a CCP you have to convert to concealed carry, if you don't have one you put it in a glove box or store it somewhere.

Reasoning is that open carry in a vehicle is considered illegal in Florida, there is no vagueness in the law that I'm aware of on that fact, when it comes to normal citizens.

I base this answer on what I've been told by several LEOs when I asked the same question.

The law doesn't say that. As a rule cops know less about the law than a informed layman

 

[FrankT]

I find it interesting you would find it abnormal, I believe any law against carrying any way you want is unconstitutional. See what society has done? made a God given right unusual and a OH look at that moment

 

[Zeroed in]

As written; (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
I Believe it is To and From as in going to Point A to Point B, NOT to Point A, B, C and maybe D.
And another Question. the word "Lawful" as in subsection (h) above. If your fishing license is expired or you just don't have one, then technically you are not "Lawfully" (legally) fishing because you haven't a license. So, could you still open carry, Legally?

 

[FrommerStop]

As written; (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
I Believe it is To and From as in going to Point A to Point B, NOT to Point A, B, C and maybe D.
And another Question. the word "Lawful" as in subsection (h) above. If your fishing license is expired or you just don't have one, then technically you are not "Lawfully" (legally) fishing because you haven't a license. So, could you still open carry, Legally?

One caution here. Besides what is actually written in legal statue is something that is called case law. I have only the smallest idea of how that effects florida's open carry laws on weapons. Some of the rewrites of the FL law in recent years were done to nullify antigun case law from south florida. Some of these were quite atrocious miscarriages of justice.
Occasionally on my own property of 8 acres in what amounts to a shoulder holster I sometimes do not keep it covered as well as I should. Here my knowledge is limited, but there is something called to brandish a weapon and I would not try to define it. Basically I just do not want to have a confrontation with any LEO that gets a call. You could be right and still might suffer at the hands of law enforcement and the legal system.
There is an old adage relative to the law,

A Man Who Is His Own Lawyer Has A Fool for a Client ...