Quote:
Originally Posted by The Fed
Just to correct a few misconceptions, if I may. You can open carry in Florida WITH A CWL to and from fishing, hunting, and a gun range. If I really wanted to, I could walk or bicycle to and from a gun range while open carrying. Do I recommend it? No. If you look for articles about open carrying on Clearwater's pier (where many people fish) you will see where CPD officers politely stop and ask fisherman who open carry for their permits. Note: The police do have the right to ask if you are open carrying. And another note, you are not required to volunteer you are carrying concealed. As for volunteering - if you really want to know if it's a good idea, ask you local sheriff or CoP. I can tell you this - not all want you to? Why? Because now they are required to waste time verifying you're legit.
As for open carry legislation in Florida, I only have one problem with it - you should be required to use a Level 2 Retention Holster if you are carrying on your hip, so a bad guy doesn't just grab your gun. You would already need a carry permit, but a course in gun retention should also be required. You would get an "open carry" endorsement on your carry permit. Personally, I would still carry concealed, but it would be nice to not need to worry about the wind blowing my shirt up. I know, they changed the law to allow for this, but there are many counties and cities here with gun-hating police forces.
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We disagree about a Concealed Weapons License making Open Carry permissible in certain conditions in Florida. There is no such provision.
The Concealed Weapons law (FS 790.06) allows for a licensee "...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."
The section of the Florida law (FS 790.25) that provides for "possession" of a firearm while going to or from or engaged in hunting, fishing, etc. not only does not require a Concealed Weapons License but actually states that the provisions of the Statute regarding Concealed Weapons does not apply. It also does not authorize Open Carry while going to or from these activities; merely possession.
Further, if in an automobile while going to or from the activity, the firearm must be "encased" and not in "manual possession" of the owner. In fact, if you have a Concealed Weapons license the gun must be
concealed on your person, not lying nearby.
The Open Carry on the Clearwater dock might be considered possession while fishing (paragraph h of FS 790.25) but it still does not require a Concealed Weapons License. Perhaps the police are simply checking personal identification or fishing licenses.
I enjoy a good exchange of information, without acrimony.