Posted on 03/12/2014 10:29:13 AM PDT by marktwain
Florida is one of five states that generally ban the open carry of firearms. As with all such states, exemptions to the general ban are included in the law. Florida second amendment supporters are pushing for a restoration of open carry rights in the state. They have organized a number of open carry events under the exception for open carry to, from, and during fishing in the State.
Spacecoast321 at opencarry.org relates what happened when he attempted to join one of these events a few days ago (March 2014):
Well after a lengthy hiatus I was finally able to go the Open Carry fishing event in Melbourne. Sadly I RSVP'd too late, about an hour before the event, on MeetUp and the host (I later found out) had gone to a different event. I arrived and noted I was the only one there, but decided to stay and fish a little (I do enjoy it, I'm just not any good at it).The encounter with an argumentative person is a bit unusual. Friendly education, as with the woman who was curious about open carry, occurs far more commonly than argument or police interaction.
Talked to a fellow fisherman for about an hour, he never commented on my very visible chrome 1911, we were too busy talking about fishing.
A seemingly retired couple did walk onto the dock and engage me in conversation. The man was hostile in tone and questions, the female was simply curious.
Man, "I sure hope you are a police officer!" Me, "Nope". Man, "Are you expecting trouble?" Me, "I sure hope not". Man, "You expecting a shark?" Me, "No, but it is always better to eat than be eaten".
Woman, "Do you need a special type of permit to carry it (my firearm) like that?" Me, "No, the Florida statutes have exemptions for some activities like fishing, hunting, shooting (told her there was a 4th but it slipped my mind). And while traveling engaged in those activities." Woman, "My daughter has a pistol and practices with it a lot. Can she have it on the seat next to her in the car?" Me, "No. It has to be encased in some manner. Either a case of some kind, in the glove box or in the trunk." I inquired if her daughter had a Concealed Carry permit and strongly recommended she acquire one.
The woman continued to have a very pleasant conversation with me, and openly lamented that there were too many laws. Her apparently annoyed male companion walked away.
That 5 minute encounter made my day. Lots of reading posts from other states where Open Carry is legal left me ready to deflect the hostile questions with short answers and an even demeanor. I believe that opened the door for the truly curious questions.
It is always curious to me that those people who oppose Open Carry for whatever reason feel no fear to approach someone who is practicing it and be hostile, critical and argumentative.
ps (I did remember that camping was the 4th exemption, but the conversation had already moved on)
There are numerous other specific exemptions that are in the law, such as being a member of the militia "when training or preparing themselves for military duty".(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(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;
Our forefathers wouldn’t have dreamed of going anywhere without a weapon during frontier lawless times. The nation collectively is becoming just as lawless now, if not more so.
TX 2A advocates are marching from the State Capitol as we type today in Austin to give the SXSW hipsters something to consider.
I’ve open carried on my way to and from fishing, hunting, and camping, and I’ve never once been hassled.
The only thing I’ve been petrified to do is stop en route. I don’t know if it’s legal for me to walk into a Publix or a 7-11 with an openly carried pistol even if I am en route to an event.
Any knowledgeable FReepers on this?
I would not walk into Publix with it on my belt.
FL was probably thinking of tourists being scared by open carry. I do like the lack of state income tax.
You wouldn’t, but would it be legal? If I was swinging into a Publix to buy snacks for a day on the boat or into a bait store for live shrimp, am I subject to arrest? That’s what I’d like to know.
The problem that we have seen is that you are *always* subject to arrest, even when you have not done anything illegal.
Sure, you may end up winning a five figure settlement, because the police messed up, but that is after the fact.
I would think it would be legal, but I am not sure about the police you might encounter on the way...
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