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Regarding statute Florida Statute 790.25(3)(h). It states you can open carry while fishing, hunting or camping. Also when raveling to or from.

My question is what about stops along the way. One attorney told me only DIRECTLY to or from while another says you are fine stopping for gas as long as it is along the "route of travel" to or from.

Statute is not clear o this. Is there any case law? I feel open at the gas station will for sure allow for education but I don't want to be cuffed and hire a lawyer.

Also can anybody tell me the history of this statute? Why allow for open carry in these situations? Was it to appease those of us in favor of open carry, in other words give us something but not the whole 9 yards?

Clearly it was not to allow for protection from a shark or bear.

Maybe the thought was if you are in the wilderness you are more vulnerable to being mugged in a secluded location? if this is the reason for the hunt ,fish camp exclusion why not for hiking?

Just wondering.

Thanks
 

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The legal eagles will be along shortly to add to this. I would say there is a lot of ambiguity in stopping along the way while open carrying and I would definately error on the side of caution and not do it or make sure to cover up your weapon, assuming you have a concealed license to do so. You could end up a test case. Some would even argue the “brief exposure” for concealed carry but that too is very vague as to the time frame of brief and open to interpretation by the police officer stopping you.

The reason for the statue as I understand it is that it had pre-dated the concealed licenses in around 1987, I believe, and it was the only means of people having a weapon on them legally for those activities. I do think that those activities lead to people being isolated and vulnerable to attack either by animal or foe. No idea why hiking wasn’t added.

I’m not a lawyer, YMMV. Good luck. (y)
 

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The legal eagles will be along shortly to add to this. I would say there is a lot of ambiguity in stopping along the way while open carrying and I would definately error on the side of caution and not do it or make sure to cover up your weapon, assuming you have a concealed license to do so. You could end up a test case. Some would even argue the “brief exposure” for concealed carry but that too is very vague as to the time frame of brief and open to interpretation by the police officer stopping you.

The reason for the statue as I understand it is that it had pre-dated the concealed licenses in around 1987, I believe, and it was the only means of people having a weapon on them legally for those activities. I do think that those activities lead to people being isolated and vulnerable to attack either by animal or foe. No idea why hiking wasn’t added.

I’m not a lawyer, YMMV. Good luck. (y)
Appreciate the input.
 

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This is so easy to answer that even the Geico cavemen can answer this.
Get your gas the day or night before your going to go fishing, hunting or whatever and your problem id 100% solved.
See how easy this was?
Ronnie
 
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This is so easy to answer that even the Geico cavemen can answer this.
Get your gas the day or night before your going to go fishing, hunting or whatever and your problem id 100% solved.
See how easy this was?
Ronnie
Ronnie:

That was so easy. My point was to open a line of discussion regarding this issue. on more than one occasion i have needed to stop for gas after towing the boat.

Of course I can leave Sig in center console or under shirt but point is to help us all understand these issues. Not looking for a pissing match but rather a good conversation.

Thanks for your input.
 

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I can’t find the actual legislative history on chapter 790.25 ( 3)h back in the days of paper books in law library‘s, it was easy.

We’ve discussed it here before and to me, hunting and camping has its own set of perils, Carrying a weapon there makes sense. I had a little problem with the fishing portion of the statue but others pointed out that snakes and hidden locations and small lakes might present a danger.

For years, nerds have gone out fishing on the pier with an M4 slung over their back. They do this so they can have a little video encounter on YouTube. I think that’s a dangerous thing to do given the proliferation of shootings and general public concern over firearms. it does it’s all a disservice and feeds into the public perception of “gun nuts.“ Someday one of these “justice warriors” is going to get killed by police officer and his video will get more attention than he anticipated.

My recommendation would be that you don’t “gun up” until the last moment on a fishing or hunting trip, if at all. if you get out at a gas station open carrying, somebody’s going to freak out. When 911 is called, you will hope you get an officer that’s understanding or has not been shot in the line of duty because they can make things pretty difficult. Back in my law enforcement days there was the saying “ you may beat the rap but you won’t beat the ride“

When I was growing up Florida had a lot of snakes. Now many of them have probably been covered up by the foundation of a skyscraper.
 

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Regarding statute Florida Statute 790.25(3)(h). It states you can open carry while fishing, hunting or camping. Also when raveling to or from.

My question is what about stops along the way. One attorney told me only DIRECTLY to or from while another says you are fine stopping for gas as long as it is along the "route of travel" to or from.

Statute is not clear o this. Is there any case law? I feel open at the gas station will for sure allow for education but I don't want to be cuffed and hire a lawyer.

Also can anybody tell me the history of this statute? Why allow for open carry in these situations? Was it to appease those of us in favor of open carry, in other words give us something but not the whole 9 yards?

Clearly it was not to allow for protection from a shark or bear.

Maybe the thought was if you are in the wilderness you are more vulnerable to being mugged in a secluded location? if this is the reason for the hunt ,fish camp exclusion why not for hiking?

Just wondering.

Thanks
If one searches FCC for "790.25(3)(h)," the 127 results that appear still will not provide the "clarity" you seek because the Florida Legislature has historically never been very thorough in drafting legislation that cleans up the mess made when they draft new legislation that affects other statutes, especially since the Concealed Carry provisions were added to Florida Statutes circa 1987 (I think, but I am not a lawyer). Also I am not near a copy of Gutmacher's book to quote his advice on the matter, but im pretty sure he interprets the statute conservatively and advises against any stops along the way to/from an excepted activity. Regardless, the point for us now is that because of that lack of clarity in the statutes and I believe that the exceptions in f.s. 790.25(3)(h) are an "affirmative defense," meaning an LEO can arrest you for a violation and then let the courts sort it out (again, I am not a lawyer), one would have to rely on the knowledge and experience of any LEO one encounters to interpret the statutes AND any case law to allow brief stops along the way from an excepted activity, which in my humble opinion is fraught with legal risk. Instead, its much easier to avoid that possibility and either not stopping along the way, keep it concealed, or kept in the vehicle. :unsure:
 

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This is so easy to answer that even the Geico cavemen can answer this.
Get your gas the day or night before your going to go fishing, hunting or whatever and your problem id 100% solved.
See how easy this was?
Ronnie
Well, if fishing, you can’t easily pick up your live bait the night before.
 

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You left out on your own property or place of business, alot of it depends where you live in rural Polk county I don't have a problem open carrying at home ,camping, hunting or fishing. Now in orlando no F-ing way get my point. Try reading John Gutmachers book "Florida Firearms Law Use and Ownership if this thread does not answer your questions. Good luck
 

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We will have Constitutional Carry soon enough and then none of these issues will matter.
I can not see that happening. Not with God forbid.....Democrats take charge for one, and if the Republicans keep this state.....the most far right Republican politicians in FL that like Constitutional carry still would not cut their throats by cutting off the revenue gun licenses bring into this state. Even they know without an income tax in Fl that lost money will have to come from other places and people are not going to be in the least bit forgiving.
 

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If one searches FCC for "790.25(3)(h)," the 127 results that appear still will not provide the "clarity" you seek because the Florida Legislature has historically never been very thorough in drafting legislation that cleans up the mess made when they draft new legislation that affects other statutes, especially since the Concealed Carry provisions were added to Florida Statutes circa 1987 (I think, but I am not a lawyer). Also I am not near a copy of Gutmacher's book to quote his advice on the matter, but im pretty sure he interprets the statute conservatively and advises against any stops along the way to/from an excepted activity. Regardless, the point for us now is that because of that lack of clarity in the statutes and I believe that the exceptions in f.s. 790.25(3)(h) are an "affirmative defense," meaning an LEO can arrest you for a violation and then let the courts sort it out (again, I am not a lawyer), one would have to rely on the knowledge and experience of any LEO one encounters to interpret the statutes AND any case law to allow brief stops along the way from an excepted activity, which in my humble opinion is fraught with legal risk. Instead, its much easier to avoid that possibility and either not stopping along the way, keep it concealed, or kept in the vehicle. :unsure:
I am not an open carry gun owner, nothing against anyone that does, just not for me, but if I did, I would not stop in public. I say never risk a change some loophole can bit you in the rear when it comes to these iffy and very unclear Fl gun laws.
 
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I don’t think we will be seeing open carry in Florida. Even if we did, I would not open carry. I think it’s dangerous and if you have a nice pistol, you’re just advertising 500 easy bucks to the cretin standing behind you at the 7-Eleven. I guess you could buy one of those tamperproof holsters issued to law-enforcement but what an expense and what a pain.

Keep it concealed, it’s less of a problem. There was a German World War II ace who was lucky enough to shoot down several P 51’s when they first came on the scene. I don’t think it was Richthofen. He was asked by his fellow pilots how the American P 51s handled during a dog fight and his answer was “I don’t know, they never saw me coming“ I think that’s a lesson for concealed carry versus open carry.
 

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Two things to add:

1) There are Many Stops Along the Way.

Link:
Turn it up. Enjoy. You can thank me later. :)

2) I really do have to wonder just how many laws on the books have never been cited during an arrest, and/or later prosecuted in court.
(Another way to say "test case"?)

Assuming there are many "never-cited" laws, that might at least explain why the anti-gunners always seem to think we need "just one more" gun law to prevent senseless killings.
 

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If you say so, but I'm not holding my breath.:unsure:
It just passed UT and MT this year, and will likely pass TX, TN, IN, and SC in the next few weeks. A bunch of other states have it too. It won't be long before every Republican controlled state has it.

the most far right Republican politicians in FL that like Constitutional carry still would not cut their throats by cutting off the revenue gun licenses bring into this state. Even they know without an income tax in Fl that lost money will have to come from other places and people are not going to be in the least bit forgiving.
This is a myth.

First off the most conservative Republicans in FL do in fact support Constitutional Carry.

But also, permit revenues actually increase after Constitutional Carry passes in every state so far. Why? Because people start carrying, get used to it, and want to carry when they travel.... they want reciprocity so they get a permit.
 

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Florida has one of juat five states that explicitly prohibit open carry (with a few exceptions) since 1987. So what other states have done or wil do hasn't seemed to change that fact for decades. So still not holding my breath! :unsure:
 
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I’m not holding my breath either. It would be nice, especially if it didn’t come with any unintended consequences like signage that would hurt us more then help us.

We shall see.
 

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It just passed UT and MT this year, and will likely pass TX, TN, IN, and SC in the next few weeks. A bunch of other states have it too. It won't be long before every Republican controlled state has it.

This is a myth.

First off the most conservative Republicans in FL do in fact support Constitutional Carry.

But also, permit revenues actually increase after Constitutional Carry passes in every state so far. Why? Because people start carrying, get used to it, and want to carry when they travel.... they want reciprocity so they get a permit.
Revenue increases?...can not see how that can occur in Florida where it is a will issue state. Maybe in a shall issue or from a no issue to Constitutional issue, but people that want firearms in Fl ....I would guess 90-95% have them. If they want to carry, they are already doing as it certainly does not cost a fortune to get a license. Constitutional carry would not SELL any more guns to those that can not legally acquire them so ZERO increase in revenue there either.
 
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