[Seminole7]

I just read about the Law allowing carry in National Parks and it seems that the law is specifically speaking about concealed carry for CCW holders. This is not a Concealed Carry Question but seems like a good place to ask.

From what I read on the FL State laws on "lawful use" I (as an Army Reservist) would be legal to Open carry a Pistol or Rifle say if I wanted to do some serious rucking and Land Nav practice in a National or even State Park correct?

(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:

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

 

[brownie]

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

I believe it applies at the unit/squad or higher level. Individuals not training in an official capacity with their unit and out on their own for whatever reason may not be considered exempt.

Brownie

 

[Glock23-4-Me]

I am no longer in the military and dont care but if it applied to the "unit/squad or higher level" why not say that. On what do you base your opinion??

 

[Sig229Elite.357]

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

I believe it applies at the unit/squad or higher level. Individuals not training in an official capacity with their unit and out on their own for whatever reason may not be considered exempt.

Brownie

Agreed, In my opinion. They speak of the "training" in context as the whole/unit not the individual. But, personally I wouldnt be training by myself in a national park. I can't picture myself in any situation doing training by myself except target shooting and I don't think this law is meant for actually discharging the weapon.opcorn

 

[brownie]

I am no longer in the military and dont care but if it applied to the "unit/squad or higher level" why not say that. On what do you base your opinion??

The ambiguity of many statutes not written with specificity.

Brownie

 

[Seminole7]

Agreed, In my opinion. They speak of the "training" in context as the whole/unit not the individual. But, personally I wouldnt be training by myself in a national park. I can't picture myself in any situation doing training by myself except target shooting and I don't think this law is meant for actually discharging the weapon.opcorn

Perhaps they do mean at the "unit" level whatever that would be. Squad, Platoon, Company,etc...

I would definitely not be looking to discharge the weapon (unless in self defense) but the reason why I would go to the National Park is because the State Parks dont allow primitive camping and I want room to practice Land Nav and what not over the type of terrain and distances offered by the National Parks system. Reservists dont get the same kinds of opportunities to prepare but are expected to meet the same standard for Pathfinder, Ranger School,etc... What we do get is time. How we spend that time is what's important. It would be my intention to pack my ruck with the same gear I would have to have with me in the field, throw on my uniform,etc and get out there and do it.
I am an experienced Camper but the "camping" that I grew up doing with the Boy Scouts,etc is nothing like what passes for camping these days. In the state parks "camping" means an air conditioned cabin! The few that do allow primitive camping are only for organized youth groups.
Not the world's biggest deal because clearly I could carry the Glock 21 concealed and be ok as far as defensively from animals or criminals but I dont carry my pistol concealed deployed.

 

[Rvrctyrngr]

Unless you're under orders, or part of an active unit training for a specific purpose, you're just Seminole7 trapsing around the woods with a gun (I was Navy and then Army Guard for 13 years, most of it here in FL).

All that not withstanding, you may open carry in State parks, WMAs or National FORESTS while actively engaged in hunting, fishing or camping.

I hadn't heard about state parks not allowing primitive camping. We used to do it all the time, and my friends still do. Tents and packs is all they have.

Stay safe and thanks for your service.

 

[Tennessee]

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

I believe it applies at the unit/squad or higher level. Individuals not training in an official capacity with their unit and out on their own for whatever reason may not be considered exempt.

Brownie

I'm not a lawyer, pretty much just playing "sea lawyer" and enjoying the debate. But it says, "Members of........or while subject to recall." I am technically not retired from the Navy for another year, give or take. I am actually "on retainer" and as such subject to recall. Doubt they will want this old fart with an outdated, non-technical skill. But they could if they wanted to. Back when they brought back the battleships, no body knew anything about the 16" guns. Lots volunteered to come back for one last shot (no pun intended) but pretty sure they had recall some within that retainer period. Could a good lawyer make that case (subject to recall), especially for an infantry or specfor type ("or preparing themselves")?

 

[brownie]

Could a good lawyer make that case (subject to recall), especially for an infantry or specfor type ("or preparing themselves")?

Probably could, but I don't want to have to find out by hiring one after the fact :thumsup

Brownie

 

[Tennessee]

I agree Brownie! Like I said, I'm playing sea lawyer not lawyer's client.