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Posted: 7/13/2017 7:10:15 PM EDT
First, I don't open carry.
If you stop at publix and the wife goes in the store but I stay in the parking lot with the boat and equipment,
can I sit on the tailgate of truck while open carrying?

Ya, another gray area and our gun laws are full of gray areas.

Interested in cops and lawyers point of view plus the rest of you smart fellows cause I don't want to leave anyone out.

And here is how I really carry coming and going fishing.

Gun goes into a zipped makeup bag. Bag goes in truck bed behind drivers seat.
When we get to the ramp said bag goes into the boat.

I assume this is good because the law says on or about you.
Also, wife has a license so it could be on or about her while I park the truck. She stays with boat.

Have fun.
Link Posted: 7/13/2017 7:29:13 PM EDT
[#1]
The law covers you going directly to and from fishing, so any stops wouldn't be considered going to the fishing spot, so going to Publix you wouldn't be able to carry but going from Publix to your fishing spot you would be able to.
Link Posted: 7/13/2017 7:47:18 PM EDT
[#2]
Speaking as a cop, I have better things to do...
Link Posted: 7/13/2017 11:57:51 PM EDT
[#3]
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Quoted:
Speaking as a cop, I have better things to do...
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But you know somebody's going to call.
Link Posted: 7/14/2017 5:42:24 AM EDT
[#4]
Quoted:
First, I don't open carry.
If you stop at publix and the wife goes in the store but I stay in the parking lot with the boat and equipment,
can I sit on the tailgate of truck while open carrying?

Ya, another gray area and our gun laws are full of gray areas.

Interested in cops and lawyers point of view plus the rest of you smart fellows cause I don't want to leave anyone out.

And here is how I really carry coming and going fishing.

Gun goes into a zipped makeup bag. Bag goes in truck bed behind drivers seat.
When we get to the ramp said bag goes into the boat.

I assume this is good because the law says on or about you.
Also, wife has a license so it could be on or about her while I park the truck. She stays with boat.

Have fun.
View Quote


Before I reply, I have a question just to clarify the scenario.  You Do NOT have a Florida licence to carry, is that correct?

Don't question my reason for asking, just yes or no for now.
Link Posted: 7/14/2017 6:14:18 AM EDT
[#5]
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Quoted:


Before I reply, I have a question just to clarify the scenario.  You Do NOT have a Florida licence to carry, is that correct?

Don't question my reason for asking, just yes or no for now.
View Quote
yes
Link Posted: 7/14/2017 3:35:44 PM EDT
[#6]
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Quoted:


yes
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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.
Link Posted: 7/15/2017 2:21:34 PM EDT
[#7]
Well said and well thought out. ^^

IMO, OC right now (even when you can legally) is probably a roll of the dice.  Odds are nobody notices and eveything goes smooth time and time again, but that 1 time somebody freaks out it could make for a long day and possibly cost you some $$$.  Ask yourself; how many LEO's know the law regarding OC?  Just not worth the risk to me.

OP, go get your damn carry license!!!
Link Posted: 7/15/2017 3:14:41 PM EDT
[#8]
Going to Crescent Lake in St Pete to fish so I'm open carrying to protect from PETA protesters.
Link Posted: 7/15/2017 9:15:17 PM EDT
[#9]
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Quoted:


OP, go get your damn carry license!!!
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I said twice above that I did have a carry license.

Just doing this to check reading comprehension.  
Link Posted: 7/16/2017 3:48:54 AM EDT
[#10]
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Quoted:


I said twice above that I did have a carry license.

Just doing this to check reading comprehension.  
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NO, you said you did NOT have a FLCWFL.

It was not clear in your OP so I asked you specifically before I took the time to explain the problems associated with OC without a CC licence.

I took a lot of time sharing my thoughts so as to encourage you to get your licence.

Now you joke that it was a reading comprehension test.
Link Posted: 7/16/2017 4:46:54 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I said twice above that I did have a carry license.

Just doing this to check reading comprehension.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I said twice above that I did have a carry license.

Just doing this to check reading comprehension.  
Quoted:
Quoted:


Before I reply, I have a question just to clarify the scenario.  You Do NOT have a Florida licence to carry, is that correct?

Don't question my reason for asking, just yes or no for now.
yes
Um, who's reading comprehension are we checking?  
Link Posted: 7/17/2017 6:25:35 PM EDT
[#12]
I have opened carried after hunting. Stopped at the local stop-and-rob to grab snacks, guy behind the counter gave me a weird look, like "what are you doing?" I just smiled, pulled my wallet out and paid. Nothing happened, no cops, no great internet video of me being tazed . This was in Osceola county, outside of St. Cloud. It would probably been different had it been downtown Orlando. My understanding, and I am no attorney, is that it says to and from your activity, so stopping is still gray. Do you want to be the test case? (others that know more might already know about a test case )
Link Posted: 7/23/2017 11:56:41 AM EDT
[#13]
With half the state full of drama driven half crazed libtards why would you even consider it. Just asking for trouble.

Florida is fukt, and it's just gonna get worse.
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