Quote History So, here are my random thoughts:
Yes, it is perfectly legal, in accordance with F.S. 790.25 to open carry to and from, and while fishing.
I carry to and from my range, with takes me through two counties and two cities. I stop for gas and pay at the pump. I have never been questioned but then I have never been stopped nor probably ever noticed. In fact, I have been carrying a gun since 1987 and never been questioned. I live a pretty low key life.
Traveling to and from -- There is no good case law on point. We do NOT know what "to and from" means. I would argue, that when I leave my home and yell "by honey, I'm leaving for the range," until I return to my home, that I am on my way to and from the range. I would think that incidental stops would be OK, but OTHERS may not see things my way.
I have a Florida Conceal Weapons and Firearms Licence. In addition to concealed carry, the statute also allows for "brief" expose. When I am on my way to and from the range, I am taking the chance that a LEO, at worst, would tell my I can't open carry and I would say "OK" and put on my fishing shirt. And besides, this is my one pet peeve that I am willing to be the test case for. My best friend has access to 10K of my cash money to bail me out if I am arrested.
Now, here is YOUR problem. Your sitting on the tailgate of your truck OC and for what ever reason a LEO contacts you. In his opinion you are not yet on you way to or from fishing and asked you to cover up the gun. You can't. You don't have a license. I think it might go down hill from there. So, even if both you and I agree that you are in compliance with 790.25, if the nice LEO does not, then it is going to be a long afternoon.
Here is your other problem. Since your wife has a licence and you DON'T you need to be careful that she does not become complainant and accidentally leave you in you truck with a gun that is not "securely encased." I point all of my students to 790.25 (05). This subsection allows concealed carry by a NON-licensee in their private conveyance. It is important that licencees always make sure that their firearm is securely encased when leaving it in a vehicle with a non-licencee, so as to not put them in a situation in which they are in violation of 790.01; unlicensed carry of a cw.
And now the worst problem. A LEO responds to a man-with-a-gun call. He/she arrives and approaches you because you and your vehicle fit the description thus providing RAS. He does not see your gun and when he approaches you and asked if you are armed you respond in the affirmative. Seems that the caller, was in a better position to see your gun as you had a seat on the tailgate but now it is not visible to the approaching officer... you know where I'm going with this right. Now under the circumstances you will be arrested for CCW per 790.01.
If asked for my opinion I would say that a non-licencee, more so than a licencee, must weight-in clearly on the side of caution when exercising the "privileges granted by 790.05. OC is still (for the moment) a privilege, and an exception under Florida law. Even though there is absolutely no requirement to have a license issued per 790.06, it is a back up to 790.25 if the LEO is not fully in agreement as to the definition of to and from.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.25.html
790.001(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.