quote:

Originally posted by JDSigManiac:

quote:

Originally posted by trapper189:
The statute prohibiting open carry was declared unconstitutional by an appellate court. Basically, the law said no open carry and there’s another statute that listed exceptions like hunting for example. There are currently no statutes covering how, when, or where concerning open carry.

Partially true. 790.06(12)(a), Florida Statutes prohibits open carry of handguns in enumerated prohibited places.

That is NOT an accurate statement! 'Trapper189' has an excellent post re: FL 790.06(12)(a) in the following tread:

https://sigforum.com/eve/forum...960092715#9960092715

FL Statute 790.06 specifically states:

quote:

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into…

The statute specifically references 'license holders' only, therefore it does NOT pertain to everyone. It's my understanding that 'the enumerated list of prohibited places' does not appear anywhere else in FL statutes. Words matter...Just sayin'

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Originally posted by Mustang-PaPa:

What are the approved holster methods for Florida open carry?

I am not aware of any holster requirements for either concealed or open carry.

Thank you V. As it should be imo.

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Originally posted by nhracecraft:

FL Statute 790.06 specifically states:

quote:

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into…

The statute specifically references 'license holders' only, therefore it does NOT pertain to everyone. It's my understanding that 'the enumerated list of prohibited places' does not appear anywhere else in FL statutes. Words matter...Just sayin'

Exactly. But wait, there’s more. In context with the law as it was, open carry was never allowed in those places to begin with, license or not; therefore, that is not why open carry is mentioned in 790.06 (12)(a). It’s in there to tell people a license to carry concealed means concealed, not open. That’s it. The first “or” probably should have been a “nor”. That’s at least two ways there are not state specific places open carry is not allowed.

Now for fun, here’s a third way:

Note the definition of a concealed weapon or firearm:

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

As it applies to the rest of this statute, a concealed firearm does not include, long guns. Even if you don’t believe the two reasons above that Florida’s prohibited places list doesn’t apply to open carry of firearms in general, then this third point says it doesn’t apply to long guns.

790.053, the statute that was struck down, is short and not ambiguous:

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

It’s a one item list of places open carry was not allowed in Florida: everywhere. Now that 790.053 is gone, open carry is allowed everywhere, at least as far as Florida Statutes are concerned. The worst that should happen is private business and property owners can ask you to leave. If you don’t, then you can be charged with trespassing.

It's fairly simple, the Open carry decision doesn't eliminate restricted carry zones, ie court rooms, police stations, anywhere FL law prohibits carry, meaning concealed or open.

There is nothing that allows business owners to object to the carry of firearms in FL, however if they ask you to leave you must or you'll be charged with tresspass.

Just open carry like you concealed carry and follow those rules.

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Originally posted by nhracecraft:

quote:

Originally posted by JDSigManiac:

quote:

Originally posted by trapper189:
The statute prohibiting open carry was declared unconstitutional by an appellate court. Basically, the law said no open carry and there’s another statute that listed exceptions like hunting for example. There are currently no statutes covering how, when, or where concerning open carry.

Partially true. 790.06(12)(a), Florida Statutes prohibits open carry of handguns in enumerated prohibited places.

That is NOT an accurate statement! 'Trapper189' has an excellent post re: FL 790.06(12)(a) in the following tread:

https://sigforum.com/eve/forum...960092715#9960092715

FL Statute 790.06 specifically states:

quote:

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into…

The statute specifically references 'license holders' only, therefore it does NOT pertain to everyone. It's my understanding that 'the enumerated list of prohibited places' does not appear anywhere else in FL statutes. Words matter...Just sayin'

Wrong. Look at 790.013, Florida’s constitutional carry statute also has the same restrictions. The restrictions apply regardless of whether carrying under a permit or constitutional carry. I agree words matter, it helps to familiarize oneself with them before calling people out.

quote:

Originally posted by JDSigManiac:
Wrong. Look at 790.013, Florida’s constitutional carry statute also has the same restrictions. The restrictions apply regardless of whether carrying under a permit or constitutional carry. I agree words matter, it helps to familiarize oneself with them before calling people out.

Where???

790.013 Carrying of concealed weapons or concealed firearms without a license.—A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b):
(1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer. A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court.
(2) Is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm.

You’ve proved the point that the list is only found in 790.06(12)(a) and only applies to concealed carry.

quote:

Originally posted by trapper189:

quote:

Originally posted by JDSigManiac:
Wrong. Look at 790.013, Florida’s constitutional carry statute also has the same restrictions. The restrictions apply regardless of whether carrying under a permit or constitutional carry. I agree words matter, it helps to familiarize oneself with them before calling people out.

Where???

790.013 Carrying of concealed weapons or concealed firearms without a license.—A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b):
(1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer. A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court.
(2) Is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm.

You’ve proved that point that the list is only found in 790.06(12)(a) and only applies to concealed carry.

Wrong. 790.013 (Constitutional carry) invokes the prohibited places exceptions. See paragraph 790.013(2)which provides that those carrying under constitutional carry are subjected to the same prohibited places restrictions that apply to those who carry under a permit. 790.06 applies to permitted concealed carry. 790.06(12)(a) specifically says “a licensed issued under this statute (and, by specific incorporation by reference in 790.013, constitutional carry)DOES NOT AUTHORIZE ANYONE TO OPENLY CARRY A HANDGUN or carry a concealed weapon or a concealed firearm into…[prohibited places].” 790.06(1) modifies the definition of a “firearm” for this section to include only a handgun, rather than the definition applicable to other portions of Chapter 790. See 790.001(9), which necessarily includes long guns. Therefore, open carry of a handgun is illegal in the statutorily prohibited places. The Florida Attorney General agrees, as do dozens upon dozens of police legal advisors and State Attorneys throughout the state. Although to you I’m just some dude on the internet, but I do this shit for a living and have been providing legal advice to statewide law enforcement clients on a daily basis since Sept. 10 when McDaniels was published. You do you, dude, but your statutory interpretation skills need some work as does your ability to read the room.

It is true, however, that open carry of a rifle is not prohibited under 790.06(12), but may be prohibited by other laws, like the ban on guns at school, federal laws that ban guns in certain places, or in courthouses if the chief judge enters an administrative order banning guns. Most recently Capitol,Police has claimed the Legislature has rule authority to ban weapons in the Capitol building, but that has yet to be fully vetted.

Cheers, mate.