I agree with others here that CWP is the way to go to avoid any problems; however, I’m of the opinion that if we as gun owners/hunters are unable to understand the basic rules of open carry in Florida, paired with WMA regulations, obtaining a CWP under the assumption that you’ll be fine is just asking for trouble. As hunters and gun owners, we are responsible for reading and understanding regulations, be able to quote them when needed, and defend our rights when required. We should not rely on someone’s opinion or interpretations of the rules. Again, that is just asking for trouble.
First, I recall reading a couple of years ago on WMA brochures that guns were prohibited unless gun season. That, as far as I know (or at least for the WMAs I hunt), changed. WMA Regulations are aligned with FS 790.25 (3) (h):
790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(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:
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
For the WMAs I hunt the only rule is that “The discharge of a firearm outside of periods open to hunting or in areas closed to hunting is prohibited per s. 790.15 FS”. I didn’t check all of the brochures, but my guess is that they are all aligned. The FWC answered this question before. You can open carry during any hunting season (archery, BP, etc) but you are not allowed to take game, unless specifically authorized for that season (i.e. general gun).
In fact, open carry fishing events are taking place every month around Florida for the purpose of educating citizens on their right to open carry in our state. Just check http://www.open-carry.org/
By the way, if you know the law, there is no need to bring a piece of paper. Why would you do that, to avoid arguing with LE. We should make the point we know the law and prove them wrong as many times as possible. That is the only way our rights as gun owners will be in place for years to come. If we are just scared of people calling LE on us, what good are we doing to protect our rights and the rights of law abiding citizens.
Just my 2 cents.
Agree. The problem is this. You will be arrested, held for 24 hours and then figure out they screwed up, they will give you an apology. You then hire an attorney, if you can find one to take a case against the LE organization, County and State and come off a bunch of coin to maybe get a "wrongful arrest' settlement and establish case law on the topic. Personally, I don't wanna go through all that BS and just CC whenever I leave the house with my CWL.
Agree with you M12Gunboy. I CC every day and I think is the way to go. The simple answer to the original question is that he can open carry with no issues. The bigger picture is the issue of open carry per se. My point is that we are making it easy for the "Guy" by not standing for our rights. In my case I can afford and willing to go through all the hassle of proving them wrong and defend my constitutional right. After spending most of my life living in a US territory with very strict and ridiculous gun laws, I value what we have here. I don’t mind proving them wrong and drag their #@ss through the legal system as long as needed. And just as an FYI, my job depends on a clean criminal record (I run a PI and Legal Research business serving Fortune 100 corporate accounts).
Mr. Lolo - you da man!
If we refuse to protect our rights because it is inconvenient, then we lose those rights. When they eventually come for our guns, and someday they will, will it be inconvenient then to resist the violation of our right to keep and bear arms?
I agree with others here that CWP is the way to go to avoid any problems; however, I’m of the opinion that if we as gun owners/hunters are unable to understand the basic rules of open carry in Florida, paired with WMA regulations, obtaining a CWP under the assumption that you’ll be fine is just asking for trouble. As hunters and gun owners, we are responsible for reading and understanding regulations, be able to quote them when needed, and defend our rights when required. We should not rely on someone’s opinion or interpretations of the rules. Again, that is just asking for trouble.
First, I recall reading a couple of years ago on WMA brochures that guns were prohibited unless gun season. That, as far as I know (or at least for the WMAs I hunt), changed. WMA Regulations are aligned with FS 790.25 (3) (h):
790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(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:
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
For the WMAs I hunt the only rule is that “The discharge of a firearm outside of periods open to hunting or in areas closed to hunting is prohibited per s. 790.15 FS”. I didn’t check all of the brochures, but my guess is that they are all aligned. The FWC answered this question before. You can open carry during any hunting season (archery, BP, etc) but you are not allowed to take game, unless specifically authorized for that season (i.e. general gun).
In fact, open carry fishing events are taking place every month around Florida for the purpose of educating citizens on their right to open carry in our state. Just check http://www.open-carry.org/
By the way, if you know the law, there is no need to bring a piece of paper. Why would you do that, to avoid arguing with LE. We should make the point we know the law and prove them wrong as many times as possible. That is the only way our rights as gun owners will be in place for years to come. If we are just scared of people calling LE on us, what good are we doing to protect our rights and the rights of law abiding citizens.
Just my 2 cents.
Agree. The problem is this. You will be arrested, held for 24 hours and then figure out they screwed up, they will give you an apology. You then hire an attorney, if you can find one to take a case against the LE organization, County and State and come off a bunch of coin to maybe get a "wrongful arrest' settlement and establish case law on the topic. Personally, I don't wanna go through all that BS and just CC whenever I leave the house with my CWL.
Agree with you M12Gunboy. I CC every day and I think is the way to go. The simple answer to the original question is that he can open carry with no issues. The bigger picture is the issue of open carry per se. My point is that we are making it easy for the "Guy" by not standing for our rights. In my case I can afford and willing to go through all the hassle of proving them wrong and defend my constitutional right. After spending most of my life living in a US territory with very strict and ridiculous gun laws, I value what we have here. I don’t mind proving them wrong and drag their #@ss through the legal system as long as needed. And just as an FYI, my job depends on a clean criminal record (I run a PI and Legal Research business serving Fortune 100 corporate accounts).
Yeah I agree, I'd probably do the same thing and fight them legally and win. I too need to have a clean record to maintain a TS National Security Clearance which is the only way my 25 years of experience count in the Intell. field. It just really sux that in FL nothing is really "clear" when it comes to hunting and WMA's.
Mr. Lolo - you da man!
If we refuse to protect our rights because it is inconvenient, then we lose those rights. When they eventually come for our guns, and someday they will, will it be inconvenient then to resist the violation of our right to keep and bear arms?
Agree with your point but the fact of the matter is that you'd be arrested under false pretences. That's BS. If it ever comes to the point that the government attempts to "come for our guns" or "confiscate" I'd bet you'd see another civil war in most places in America. Now don't get me wrong, they are going to try to push laws, registration and regulate guns and ammo but an all out "confiscation" ban would surely led to civil war against the government. I think law makers realize that and that's why they are going to try to use time, public pressure, registration and new laws to slowly pry them out of our hands.
LOLO, thanks for standing up and fighting our battles. however I wouldn't recomend it for everyone. you may be 100% in the right but arguing with a man with a gun and a badge likely isn't going to end well, the law is kinda whatever they say it is at the moment, you MAY be able to prove them wrong later, if you are willing and financialy able to go thru the hassle. it's taken time but I try to pick my battles more carefully now and look at: odds of winning and what do I stand to win vs what do I stand to lose.
