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AR15.COM
8/29/2007 1:52:51 PM EDT
do you think florida will ever allow open carry?
8/29/2007 2:10:37 PM EDT
[#1]
Nope.
8/29/2007 2:35:47 PM EDT
[#2]
It would be too scary for tourists and this state depends on tourists too much.  I would really rather not see it anyway.  I personally would not use it, I don't want to give up my advantage of surprise or let a thief know who to shoot first.
8/29/2007 2:50:51 PM EDT
[#3]
Would be nice but I don't see it happening.

Only way that it would work in Florida if each County could rule on open carry but that will never happen because Florida State Laws prevents County and City Governments from passing firearm related laws. I think it would be great because I believe that most central and northern counties would allow open carry. Place like Miami Dade and Broward would not.
8/29/2007 3:38:14 PM EDT
[#4]
I saw it happen for two or three days.. it was pretty wild, and crime was almost non existent for the those days.  
8/29/2007 4:36:17 PM EDT
[#5]

Quoted:
do you think florida will ever allow open carry?


I hope so, and would be willing to contribute money to such a cause. (open carry without permit!!! ) I'd also support change to the concealed weapons law, adding any legally owned weapon may be carried, including machine guns and other NFA goodies and an option for a lifetime concealed weapons permit.


not many people would open carry anyway, there are only something like +400k concealed weapons permits in a state of 18 million people.
8/29/2007 4:45:55 PM EDT
[#6]

Quoted:
I saw it happen for two or three days.. it was pretty wild, and crime was almost non existent for the those days.  


Yeah, it was a loophole in the law but changed quickly. Miami-Dade said at that time if they saw anyone open carry they would be arrested.
8/29/2007 5:08:37 PM EDT
[#7]

Quoted:

Quoted:
I saw it happen for two or three days.. it was pretty wild, and crime was almost non existent for the those days.  


Yeah, it was a loophole in the law but changed quickly. Miami-Dade said at that time if they saw anyone open carry they would be arrested.



i thought he menat after a hurricane, what are you talking about ?
8/29/2007 5:14:40 PM EDT
[#8]
I agree with Omi.  Why would you want to give away that surprise to a criminal, and allow him to take you out of the picture first, rather than get a fighting chance.  I would not want it.
8/29/2007 5:21:00 PM EDT
[#9]

Quoted:

Quoted:

Quoted:
I saw it happen for two or three days.. it was pretty wild, and crime was almost non existent for the those days.  


Yeah, it was a loophole in the law but changed quickly. Miami-Dade said at that time if they saw anyone open carry they would be arrested.



i thought he menat after a hurricane, what are you talking about ?


When Florida enacted CCW there was a loophole in the law allowing open carry and Law Enforcement Agencies, city and county government entities were very unhappy about it and the law was changed to permit concealed carry only.
8/29/2007 5:34:06 PM EDT
[#10]
never mind.
8/29/2007 5:38:07 PM EDT
[#11]
Not a chance.  I don't think I'd OC much anyway.  Rather keep em guessing.
8/29/2007 6:14:44 PM EDT
[#12]
I'd like the capability to open carry, though I wouldn't utilize it much. I'm simply prefer to be able to openly carry when doing yardwork or things of that nature, instead I have to keep it covered up. I'd still conceal my weapon for trips into more populated areas.
8/29/2007 6:28:23 PM EDT
[#13]

Quoted:
I'd like the capability to open carry, though I wouldn't utilize it much. I'm simply prefer to be able to openly carry when doing yardwork or things of that nature, instead I have to keep it covered up. I'd still conceal my weapon for trips into more populated areas.


you can open carry on your property, according to some lawyer here







on Gutmacher of JON H. GUTMACHER, P.A.
Orlando Criminal Defense Attorney & Criminal Trial Lawyer * Phone: 407-650-0770

LEGAL Q&A

Question: Your book reads that open carry in my home and on my property is legal. I would like to know if I can open carry in the driveway of my house. According to your book, I would definitely say yes, but I have read several other sources that say only within your home--not say, in the yard or on my front porch, clearly within my curtilage. I am a concealed weapons permit holder, and it is more or less a moot point. However, I open carry at my place of business, and in the car on my way home. Apparently, a neighbor has complained to the homeowners association about me being armed when I get home. For instance, I get out of the car, walk to the mailbox (on my property), maybe pull a few weeds next to the driveway, pick up the newspaper and go in the house with my gun still on my hip from the day. A sum total of maybe 10 minutes outside. Needless to say, there is nothing the HOA can do, and my opinion of my neighbors is not high anyway, nevertheless I don't want to violate any laws.

Answer: Case law makes it clear that as long as it's on your property, it's lawful so long as you violate no other law (e.g., reckless display, aggravated assault, etc.). See Collins v. State, 475 So.2d 968 (Fla. 4DCA 1985). Of course, this would not apply to an apartment where such areas are "common". On the other hand, why not just carry it concealed, and avoid all the problems you’re causing? Even without the permit, this is legal on your residence property (except if you lived in an apartment or condo, and were on “common property”). Sooner or later a problem will arise, and then, the real question is whether the responding police officer knows the law.

This column is not rendered as legal advice. If you have a specific factual situation that affects you, an attorney skilled in this area should be consulted.





However, i doubt the responding police will know that case law.

8/29/2007 6:32:41 PM EDT
[#14]
If you are on your private property you can open carry at will.
8/29/2007 6:44:23 PM EDT
[#15]

Quoted:
If you are on your private property you can open carry at will.


But a trip into the street or loading branches into the trailer and taking them down the road would put me in violation of the law. I'd like to be able to do all that without the "gun off/gun on" shuffle.

Besides, after my recent experience with a local deputy sheriff on a traffic stop, even open carrying on my own property would likely land me in some trouble under the current laws. It doesn't help that the fucker lives in my own neighborhood. All it would take is he or another of his ilk to pass by while I'm pushing the mower with a 1911 dangling on the hip and I'll be spread-eagled and searched and God-knows-what-else again.


Edit: Even Mr. Gutmacher above states that it just comes down to how well the LEO knows the statute, or even worse in this case, case law.
8/29/2007 6:47:41 PM EDT
[#16]
Licenses to carry, up until the early '70s were good only in the county they were issued in and good only for OPEN carry....That changed about '72 or thereabouts and concealed carry of FA was permitted.   At that time the law specified that one had to be licensed to carry a pistol or a repeating rifle.   The law was antiquated as hell, dating from 1894 and from what I've read was initially enacted to prevent blacks that were working in the then fast growing turpentine industy, from packing any guns.  

Licenses were issued by the various County Commissions, and in at least one case the refusal to issue went to the Fla. Supreme Ct. that ruled that the Commissions had a "ministerial" duty to issue those licenses.   Anyway, the law evolved into its current form in '87, mainly due to Marion Hamers activisim and deleted any requirement to be licensed to carry an open gun.   It became a media field day, aided and abeted by idiots that promptly began to wear tie down rigs like Matt Dillon on Gunsmoke, the N.Y. times dubbed Fla. the "gunshine" state and that shaky jake bitch from the Clinton administration, Janet Reno (later AG. and responsible for Waco and Ruby Ridge) began to panic our brave and decisive legislature.....They did what politicians will under pressure, they evidenced great resolve and promptly folded....leaving us with what we now have.

Thats a real quick, down and dirty chronology................You know don't you, that you can still carry a gun openly.....just that it's gotta be the "antique" version as defined at the start of 790......perfectly legal and no different that having a hunting knife on your belt.
8/29/2007 7:00:17 PM EDT
[#17]
though I doubt we'll ever have it. It would be nice to have. Sometimes you just don't feel like tossing on that over shirt to goto publix that's less than 150yds away.  While it's not something that would be utilized alot, still woudl be nice.
8/29/2007 7:07:36 PM EDT
[#18]

Quoted:

Quoted:
If you are on your private property you can open carry at will.


But a trip into the street or loading branches into the trailer and taking them down the road would put me in violation of the law. I'd like to be able to do all that without the "gun off/gun on" shuffle.

Besides, after my recent experience with a local deputy sheriff on a traffic stop, even open carrying on my own property would likely land me in some trouble under the current laws. It doesn't help that the fucker lives in my own neighborhood. All it would take is he or another of his ilk to pass by while I'm pushing the mower with a 1911 dangling on the hip and I'll be spread-eagled and searched and God-knows-what-else again.


Edit: Even Mr. Gutmacher above states that it just comes down to how well the LEO knows the statute, or even worse in this case, case law.


I understand your frustration and it pisses me off as well. I, as a matter of routine, walk to my mailbox across the street with an XD45 service almost everyday OC. That could probably put me in jail but not if concealed.

I mow my lawn, feed the animals, grill outside on my property with my pistol usually open. Why? Because I want to. If a leo ever sees me and has a problem with it I will try to explain to him/her why I have that right. If they want to arrest me then I (reluctantly) submit to arrest and fight it court. And then sue the shit out of them.
8/29/2007 7:16:21 PM EDT
[#19]
it's not for me but i doubt it will ever happen. the average joes would freak out about it and the politicians are getting softer and softer these days.

i had the cops beating on my door one time for cleaning my ar in the back yard, behind the 6 ft wooden fence

ap
8/29/2007 7:20:53 PM EDT
[#20]
The way I see it, we have the RIGHT (not privilege) to keep and BEAR arms. Permits are for privileges. Wanna issue permits for CCW? Fine, as long as we have unlicensed OC. Otherwise, our "Right" to "bear" arms really is no right at all.

Snowball's chance in hell, though.
8/29/2007 8:06:14 PM EDT
[#21]
can you legally carry concealed without permit on your own property outside?
8/29/2007 8:07:40 PM EDT
[#22]
Fear of the unknown...nough said
8/29/2007 8:24:05 PM EDT
[#23]

Quoted:
can you legally carry concealed without permit on your own property outside?


No problem. Of course you can.

Edited for spelling
8/30/2007 10:50:43 AM EDT
[#24]
With the caveat that if you live in an apartment or condo, the common hallways and parking lots are not "your property" but rather are considered public spaces with regard to concealed carry.

Matt
8/30/2007 11:42:43 AM EDT
[#25]
Even if it was allowed, I probably wouldn't do it.  
8/30/2007 12:11:25 PM EDT
[#26]
Bravo scooter, if they don't know the law as LEO's they deserve the reprimand and the lawsuit.
8/30/2007 12:40:14 PM EDT
[#27]

Quoted:
can you legally carry concealed without permit on your own property outside?

Yes.

It's also legal to open carry on someone elses property given their permission.
8/30/2007 3:01:12 PM EDT
[#28]
I lived in AZ. for several years and open carry is good to go out there.  I rarely used it, but when it was 120 out it was nice to run to up to the store, cut the yard, etc. etc. without worrying about concealment.  I was surprised how few people you saw OCing...they are a shall issue state so most just get their permit...you do however see many more weapons during the summer.