Florida Concealed Carry banner
1 - 13 of 13 Posts

·
Registered
Joined
·
115 Posts
Discussion Starter · #1 ·
Since I'm still awaiting my concealed weapons permit I carry at home inside the house and outside on my property. I do this to practice for when I eventually get my permit. Is it legal to conceal carry on your own property without a permit? Also for that matter is it legal to open carry on your own property in florida?
 

·
Registered
Joined
·
115 Posts
Unless your begging for trouble I would not open carry even if its legal to do so unless inside my house. You might freak out an anti-gun neighbor.

As far as concealed carrying on your property without a permit I could not find any laws prohibiting it. This does not mean that its legal. Hopefully someone more knowledgable of the laws will chime in here.
 

·
Administrator
Joined
·
806 Posts
Yardman, unless you want to be the test case for open carry in Florida I would not recommend open carry on your property. I read through the Florida firearms law and this situation is not directly addressed. Concealed carry is however allowed while on your own property or place of business.
Good luck getting your permit and keep practicing your carry at home.
 

·
Administrator
Joined
·
3,949 Posts
To answer your question here is a Q&A from the website for Jon Gutmacher prominent attorney. http://www.floridafirearmslaw.com/m...gal-Frequently-Asked-Questions&Store_Code=FFL

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.
 

·
Registered
Joined
·
297 Posts
I sometimes open carry on my property...but then I live on several acres backed by national forest land...with neighbors who, while not "gun people" are conservative, "Republican" types... ;)
 

·
Super Moderator
Joined
·
5,538 Posts
I will say this i also have this book and highly recomend it,if theres any question about Florida Fire Arms Law he covers it check that website look at his blog,very interesting reading, all i can say is get that book www.floridafirearmslaw.com .Also quick question why would you want to open carry anyways the element of surprise is best carry concealed
 

·
Registered
Joined
·
115 Posts
Discussion Starter · #7 ·
I will say this i also have this book and highly recomend it,if theres any question about Florida Fire Arms Law he covers it check that website look at his blog,very interesting reading, all i can say is get that book www.floridafirearmslaw.com .Also quick question why would you want to open carry anyways the element of surprise is best carry concealed
Thanks Orlando Driver, I'm getting that book very soon. It should be an interesting read. You are right about the element of suprise but I was wondering if legally it's ok on my property. Sometimes when I'm mowing the lawn my shirt rides up a little and I don't notice until my wife sees it.
 

·
Registered
Joined
·
34 Posts
Open Carry

I have a license, but I do open carry on my property.

I called the local's in my county about open carry on my property.

Even if someone see's you, as long as you are not waving it around and acting funny it's legal........(on your property).

That was (MY County)..............
 

·
Registered
Joined
·
78 Posts
It's your property, do whatever the **** you want. Personally, I still conceal it for various reasons. My mother on the other hand carries open, all day everyday on her property. But its a lot harder for her to conceal a big gun so she just slaps the full size Kimber on her thigh.
 

·
Registered
Joined
·
11,170 Posts
Open carry at home? Hell, I always answer my door with an M4 slung across my chest...keeps the Jehovah's Witnesses away. :rolf
 

·
Super Moderator
Joined
·
5,538 Posts
The less people know that your carrying at home the better,if an attacker knows your armed when they attack they will attack based on knowing you are armed come in ready to shoot most of them don't think ahead. We do the element of surprise is always best defense.
 

·
Super Moderator
Joined
·
19,792 Posts
For the record, open carry/concealed carry on your own property is perfectly legal.

790.25 (Lawful posession/use) covers this:

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

....(n) A person possessing arms at his or her home or place of business;

790.053 is the Open Carry prohibition, and 790.06 is, of course, the concealed carry statute. Neither of these restrictions apply on your own property, or in a few other instances. It's worth a read.

FSS 790.25
 
1 - 13 of 13 Posts
Top