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Thread: Question about open carry on private property

  1. #11
    Distinguished Member mirage2521's Avatar
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    I was actually looking for it to post for you, the instances where you can open carry are, your home (house and land) while camping, hunting or fishing or while going to or returning from hunting or fishing. I am pretty sure the statute is 790.25. I am sure someone who is sure of where it is will show us.
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    You may now carry on with your absurd non-directional bantering.
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  2. #12
    Distinguished Member Earl 007's Avatar
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    carrying in your home or business : the good news is that you can carry or possess a firearm or any outher leagle wepon,anywere in your home or business concealed or in the open your choice .no concealed weapon permit necessary .this area of the law is well settled . Florida firearms rights and responsibility 'spage 92
    Last edited by Earl 007; 03-20-2011 at 10:18 PM.

  3. #13
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    Quote Originally Posted by Earl 007 View Post
    Yep low profile is best,florida firearms rights and responsibility's was green book I got that from , very good book
    Quote Originally Posted by Earl 007 View Post
    was that from 7th edition,mine is the 6th, did it change ? didn't think residence mattered even hotel rooms were ok.just looked it up ,must be your residence page 92 ,6th edition no permit needed been a wile since last reading
    Quote Originally Posted by Earl 007 View Post
    carrying in your home or business : the good news is that you can carry or possess a firearm or any outher leagle wepon,anywere in your home or business concealed or in the open your choice .no concealed weapon permit necessary .this area of the law is well settled . Florida firearms rights and responsibility 'spage 92

    Earl,

    Are you referring to this book?

    Quote Originally Posted by joecarry View Post
    Are you referring to Mr. Gutmacher's (green) book? "Florida Firearms Law, Use & Ownership"
    If not, what is the author and title of the book you mentioned?

  4. #14
    Distinguished Member GlockMom's Avatar
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    Technically you can not open carry on private property unless it is your place of residence or business FL Statue 790. 25 (3)(n) or it falls under one of the other exemptions. There are several other exemptions that state when you can open carry which you can review here but none of these exemptions cover open carry strictly on private property.

    The reasoning is that open carry is illegal in Florida at the moment, regardless of it being private property unless it is covered under one of the exemptions. Simply owning a piece of land does not give one the right to open carry on that land with the current law.

    Joecarry- Yes, they are referring to the "Florida Firearms Law, Use & Ownership" book. $35 well spent.

  5. #15
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    OK thanks! I wasn't sure on the open carry on your property. Seems silly not to be able to but hopefully that issue will resolve itself in the very near future and we will all be able to OC.

    Thanks! And yes, $35 well spent. I've had a few editions over the years.

  6. #16
    Distinguished Member TitleIIToyLover's Avatar
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    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0790/SEC25.HTM&Title=->2009->Ch0790->Section%2025#0790.25

    790.25 (3)(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;

    If your private property is a legal and safe place to test a firearm or for target practice, then you could OC even if your residence is not on the property.

    That's not legal advise,

    Just Sayin!

  7. #17
    Distinguished Member bladenbullet's Avatar
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    Quote Originally Posted by TitleIIToyLover View Post
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0790/SEC25.HTM&Title=->2009->Ch0790->Section%2025#0790.25

    790.25 (3)(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;

    If your private property is a legal and safe place to test a firearm or for target practice, then you could OC even if your residence is not on the property.

    That's not legal advise,

    Just Sayin!
    are you saying that even though you are not firing your firearm the fact that you can makes it legal to open carry on private property?...i think we need to be careful with this type of advice so it should be clarified...it is legal to open carry on the way to the range but that doesnt mean you can stop at walmart and open carry in to purchase ammo...even though you are on your way to the range...

    interpretation can be a b!tch...please be careful...
    "the two most important days of your life are the day you were born and the day you find out why"...mark twain

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  8. #18
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by bladenbullet View Post
    are you saying that even though you are not firing your firearm the fact that you can makes it legal to open carry on private property?...i think we need to be careful with this type of advice so it should be clarified...it is legal to open carry on the way to the range but that doesnt mean you can stop at walmart and open carry in to purchase ammo...even though you are on your way to the range...

    interpretation can be a b!tch...please be careful...
    Please read FS 790.25 and get back with me. If you are having trouble with interpretation, all we can do here is give our opinion and our opinion is not legal advise. As you know everyone has an opinion. We have discussed "going to and from" before and most have concluded that walmart would be a problem.

    I have provided a link to the statute, I cited the statute, gave my opinion, and stated that my opinion was not legal advise.

    I think I was being careful.
    Just Sayin!

    ETA, I guess I could have been more clear by saying "assuming you are on your property to test fire a firearm, to target practice with a firearm, to hunt, camp, or fish."

    But, again, that's not legal advice...just my opinion...Just sayin!
    Last edited by TitleIIToyLover; 03-21-2011 at 08:34 PM.

  9. #19
    Senior Member Wheels's Avatar
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    My son-in law's family has thirty acres that I usually open carry on. If anyone asks, I'm hunting wild hogs. Never seen one there, doubt I ever will but I'm hunting them anyway.

  10. #20
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by Wheels View Post
    My son-in law's family has thirty acres that I usually open carry on. If anyone asks, I'm hunting wild hogs. Never seen one there, doubt I ever will but I'm hunting them anyway.
    +1

    I have a 5-year Florida fishing license in my wallet and a collapsible fishing rod in my truck. I have a membership card in my wallet for a gun club in the next county.

    790.25(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.

    Just Sayin!

    TII
    Last edited by TitleIIToyLover; 03-22-2011 at 06:50 AM.

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