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Can You Open Carry While Fishing Florida

author
James Lee
• Wednesday, 16 December, 2020
• 7 min read

Florida Statute 790.25 addresses lawful ownership, possession, and use of firearms and other weapons, and section 3(h) specifies: If someone has a fishing license, isn't intoxicated and hasn't been convicted of a felony, it's within the law to openly carry a gun while fishing in Florida.

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Contents

Second Amendment rights advocates have used this qualifier across the state to organize gatherings of armed fisherman in highly public places. Florida generally does not allow open carry with the small exception of when a person is hunting, fishing, target shooting or camping.

Florida's law also states that a person can legally open carry a firearm while in transit to and from the allowable activities (hunting, fishing, target shooting or camping). Some have attempted to bend this rule (law) and stop at a store on the way to their destination to pick up some items and have found themselves in some legal trouble. It behooves you to read the state statute if you decide to carry a firearm openly and I highly recommend you not open carry until you are at your designation for the protected activities.

According to police reports, Sarasota officers noticed that Leif Montgomery Cause had a pistol “tucked into his underwear” inside a 7-Eleven convenience store around midnight last Wednesday. Cause told police he had tackle and fishing poles in his vehicle, which was parked about a mile from the convenience store.

He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie. When he’s not busy as a senior investigative reporter, he is usually shooting his AKS, CDs and CZ's.

That activity was peacefully carrying a holstered pistol and slung rifle out in the openwhilefishing (or going to or from), which is specifically permitted under state law. State law in facts specifies you may carry your firearms openly in this manner even WITHOUT a license to carry (Cap in Florida) when doing certain activities such as fishing, hunting, target shooting, or camping, or traveling to or from.

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(Source: www.thetruthaboutguns.com)

I guess it would be pretty dry if you walk a mile back to your car in the hot Florida sun. One slip of the finger, and he could have been DRT (dead right there), for doing nothing but wearing firearms and holding a fishing pole.

Open yesyesyesyesyes AR (BL)cncl3.5" s3.5" s3.5" s3.5" s3.5" s5-73-120,121; travelling exception; sec. Manner v Quattrone 211 Cal.App.3d 1389 (1989), held that butterfly knives are covered by CA's switchblade prohibition.

People v Rosario S. 41 Cal RPR.2d 534 deals with a weatherman and the 2.5” school limit, finding that a sharpened edge of less than 2.5” did not violate the law. G039990 (2009) found that a multi tool with a 1" blade, presumably a keychain-type miniature model, violated 626.10(a) prohibiting locking folders in K-12 schools since said multi tool comprises a folding knife which locks into place.

In Re: Angel R, G039120 (2008) concludes that a knife which can be opened by a flick of the wrist (possibly because the detect mechanism was worn out) is a switchblade. Open yesyesnonono×CO (BL)cncl3.5" s3.5" s3.5" snono18-12-101.105; open carry of anything may be legal, but expect to be hassled particularly in Denver.

Knives <3.5” are illegal to carry concealed with intent to use as a weapon, but otherwise are okay: A.P.E. People v Gross 830 P.2d 933 (1992) is sometimes cited in reference to CO knife laws, but it's really a stretch to connect that to typical enforcement of sec.

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(Source: floridagunsupply.com)

102. open yesyesyesnono CT (BL)cncl3.4"* cl / 4" s?1.5" s1.5" sno53-206; * vague case law. 3.5" knife used in self-defense may be projectable: State v Holloway, 528 A.2d 1176 (1987), despite State v Harris 258 A.2d 319 (1968) which held that without obvious intent, the 4" limit was strict and could not be lowered by a finding that the knife was a dangerous weapon.

Technically, by law knives with blades longer than three inches are illegal only with intent to use unlawfully, but as in many states, the burden of proof is typically reversed when dealing with larger knives. Open 3" s3” s3” sno3” s FL (BL)cncl4”* clnononono 790.001,01 ; * It seems dangerous to rely on this.

2d 39: a 4” folder may be a concealed weapon because determination of “common pocketknife” is a jury question. 2d 321 (1989) open yesyesyesyesyes GA (BL)CNC?noon?16-11-126,127,127.1; The statutes prohibit carrying any offensive/defensive weapon concealed.

In short, don't ever claim self-defense as a reason for carrying a concealed knife. Open yesyesyesyesyesHI (BL)cnclyes×yes×nonono134-51,52,53; Those sections ban dirk/dagger/deadly weapons, switchblades (spring/gravity), and Alison/butterfly knives, respectively.

Open yesyesyesnonoID (BL)cnclno18-3302; Dirks and Bowie knives are illegal except in the wilderness. (Note: entry fixed 2004-03-13) open yesyesyesyesyes IL (BL)cnclyesyesyesnoAccording to statute, a crime involving most knife carry only occurs if there is intent to use the knife unlawfully.

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Like several other states, though, in liberal areas like Chicago it's likely that unlawful intent would be presumed. * clnononono500.080, 527.020; * Stout v Commonwealth 33 S.W.3d 531 (2000) held that a 3” locking folder is deadly weapon.

Also see Mason v Commonwealth 396 S.W.2d 797 (1965), Montgomery v Commonwealth 346 S.W.2d 479 (1961), Williams v Commonwealth 304 Ky. 359 / 200 S.W.2d 926 open yesyesyesyesyesno LA (BL)CNC<4"* cannon* State v. Gordon suggests that a 4" knife is illegal; open yes?yeses ME (BL)cnclyesyesyesnoyes open yesyesyesnoyes MA (BL)cnclyesyesno1.5"? Again, this is a situation where intent is required by the statute, but ends up being presumed unless the dependent can prove otherwise.

Anderson v State broadly discusses the statute and some D.C. case law on the subject. Open yesyesyesyesyes MI (BL)cnclyesyesnonoyes750.226a; 750.227; It's illegal to carry anything above a 3" statutory limit with intent to use unlawfully.

The standard caution applies: unlawful intent could be presumed by a court if the knife is scary enough. MS (BL)cnclyes×yes×nonoyes×97-37-1; * Bowie and butcher knives are illegal to carry.

28-1201 is disturbing; it defines knives as anything more than 3.5”, but “knife” is never used in Section 28 in a manner that could utilize that definition. Open yesyes×nono?yes NH (BL)cnclyesyesnonoyes159:16; open yesyesnonoyesNJ (BL)CNC**nonono2C:39-3; Apparently you need an explainable lawful purpose to get away with carrying anything besides a dagger/dirk/stiletto, auto, gravity, or ballistic knife, which are flat-out illegal.

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(Source: www.nbcmiami.com)

* NJ state police seem to think all knives are illegal unless the carrier has an explainable lawful purpose. Legally, that probably isn't so, but it may take a court hearing, some lightening of your pockets, and some quality time in jail to sort things out.

Open noon (BL)cnclnono30-7-8; open yes no NV (BL)cnclyesyesyes2” s open yesyesyes2” s NY (BL)cnclyesyesyesnoyes×Other than switchblades and gravity knives, dangerous knives are only illegal when coupled with intent to harm another; that intent is presumed if the carrier possesses drugs. NY's law requires malcontent for most kinds of knives before carry becomes illegal.

People v Kindred 18 A.D.2d 1086 held that a 15-18 inch knife was a “per se” weapon, possibly under a defunct statute. Open yesyesyesnoyes* NYC cncl4” s4” s4” non? Switchblades are banned on account of State law.

Open nonononono OH (BL)cncl4”* clnonono2923.12; concealed deadly weapons are prohibited. 395 (1984) open yesyesyesyes?yes PA (BL)cnclyesyesBalisongs are okay: Commonwealth v. Miles.

Bali songs/Butterfly knives are opened by centrifugal force and are prohibited: Smith v. State, 1988 (no cite). Note, however, that that case is not citable as authority for the Prosecution if you are arrested for Bali carry.

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(Source: www.thetruthaboutguns.com)

Other cases mentioning in passing that butterfly knives are illegal: 926 S.W.2d 307 (1996); 2003 Tex. * cannon* This is a guess based on Kirkwood (cite below; 4" bad, 3" good).

“Dangerous weapon” cases tend to involve restricted persons, so the law may not be generally enforced on people stopped for ordinary infractions. A very unhappy Appeals Court also decided that a 4.5” folding knife is a “dangerous weapon”, 898 P.2d 271 (1995) due to stare decks of State v Rochambeau 820 P.2d 920 (1991).

Open yesyesyesyesyes WI (BL)cnclyes×nononono941.23,24: concealed carry of “dangerous weapons” and switchblade/gravity/clickable knives is strictly illegal. Open yesyesyesyesyesIf nothing else, this page should make it very clear that state-level knife- carry laws are a disaster, making it difficult for anyone to know in advance just how their knife of choice will be viewed by prosecutors or law enforcement in any particular jurisdiction.

Bernard Levine's site has collected statutes for all the States, but the occasional case law quotes lack citations. Send corrections, updates, and case cites to time on thefiringline.com via PM, or webmaster at this domain -- and please don't forget to mention which State your information relates to.

Chamber of Commerce Executive Vice President David Hart said outside the meeting that the business group will oppose the measure if it continues to advance without changes. Criminal Justice Subcommittee member Scott Plan, R-Longwood, said while he was voting for the measure Tuesday, he hoped the property-rights issues could be worked out before its next committee appearance.

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(Source: concealedpatriot.net)

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