Open Carry in Florida

F

flcaptainbill

New member
I know that OC in public is lot legal. It is legal to OC on private property? I am looking at property (out in the woods) and would feel more comfortable carrying out there(no ccw yet). If I have permission from the current owners can I OC on their property? Anyone have a link to an official Florida State site that covers this?
 
Open carry is legal when hunting. Since you are in the woods and have permission to be there, all you need is a hunting license and you are legal.
 
You might get in trouble if it isn't hunting season. There is an exemption for fishing, camping, and target shooting under 790.25(3).
 
Open carry outside on your own property is legal in Florida. (single family dwellings, doesn't apply to the common area of a condo or apartment)

(FL Supreme Court, Peoples v. State, 287 So. 2d 63, Fla 1973)

"It is not unlawful for a person to possess firearms at his home or place of business, including surrounding property, as well as buildings and structures situated thereon" - State vs Anton, 200 So. 2d 743 (Fla 2DCA 1997)

"The home exemption applied to the defendant's driveway and yard" - Sherrod vs State, 484 So. 3d 1279 (Fla 4DCA 1986)

You should buy a copy of "Florida Firearms: Law, Use and Ownership" by Jon Gutmacher, a Florida attorney specializing in gun law - it's a great book, and answers any question you can come up with on firearms in Florida.

http://www.floridafirearmslaw.com
 
That book isn't bad, but there are a couple of places where he advances his opinion as fact, without supporting it with a solid foundation.
 
Pakwaan, there is a significant difference between the right to "possess" and the legality of open carry. They are not the same thing. The Supreme Court case sighted was for possession only. Open carry in Florida is generally not legal except for specific exceptions - your own property, hunting and target shooting where you have permission to be, etc.
 
You must log in or register to reply here.
Back
Top