In NYS all your hand guns have to be listed on your permit. Here it would be common place for the officer to ask to see your permit and the gun you are carrying so he can match it with your permit. It is illegal to possess a hand gun that is not listed on your permit. When you buy a hand gun from a gun shop or private seller you have to take the bill of sale with all the information to the county clerks office and have the gun added to your permit and then go back to the gun shop or private seller and pickup the gun.
This did NOT sit well with me.
- Thread starter Lavan
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NJgunowner
New member
And some cops just like checking out guns for much the same reason we do 
I got pulled over once because a cop liked my car and wanted to ask questions about it.
I got pulled over once because a cop liked my car and wanted to ask questions about it.This is why I love shooting outdoors on the family land in Wisconsin; every now and then one of the Chicago Carpet-Bagger neighbors calls the cops but whenever the locals have come out they are cool; never ask to see the firearms only my DL. The nicer officers I invite to join me into letting a few rounds go at my little outdoor shooting area but so far no takers.
I really don't know the WI laws in regards to a LEO's rights on your property but I have been wearing my P226 in an OWB a couple of times when they sort of snuck up on me (The driveway is not visible from the area where I shoot and the road is hidden behind trees and other greenery). The LEO didn't even blink and I just made sure to keep my hand away from my holster.
This was obviously private land and after it was established that I am related to the owner though.
I really don't know the WI laws in regards to a LEO's rights on your property but I have been wearing my P226 in an OWB a couple of times when they sort of snuck up on me (The driveway is not visible from the area where I shoot and the road is hidden behind trees and other greenery). The LEO didn't even blink and I just made sure to keep my hand away from my holster.
This was obviously private land and after it was established that I am related to the owner though.
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Double Naught Spy
New member
Or maybe the cop should have assumed you were NOT carrying the correct weapon and put you in handcuffs "for your own safety" and disarmed you via a search.
There is no way under the law that "brandishing" is an issue when an officer of the law with appropriate legal authority has made a lawful request to see your firearm. You might want to look up your specific laws on brandishing so that you will understand what does and does not constitute brandishing.
You have your permit, so you know that you are obligated to do these things. It is too bad that you don't like it, but what it is that you like or are comfortable with isn't what you agreed to when you applied for and received your permit. You agreed to abide by the law for carrying the gun listed on the permit and agreed to let that gun be verified by LEOs along with a whole passel of regulations.
By all accounts you have given, the officer treated you with respect and was professional.
Well there's your problem.
"b)Assuming you are the owner or have the owner's permission, you can carry a firearm any way you please as long as it isn't threatening another person"
Be careful with this. In Florida, you CANNOT give another person the right to conceal or open carry on your property. It has to be your home or place of business or property. There are exceptions like hunting, fishing, target shooting, taking the gun for repairs, testing for a gun company, etc. but in general you can't say "Oh, yeah man, it's good to open carry on my 100 acre plot of land where nobody will ever see us"
dakota.potts
Who told you that about Florida law? I have been a deputy for six years in the southwest part of the state never heard that one. If you could tell me what statute that's under I would appreciate it. I know around here if you have written permission to be on their property if you’re armed or not is up to that person whose property you’re on. This almost always involves hunting. But have never made an arrest if they have permission.
Be careful with this. In Florida, you CANNOT give another person the right to conceal or open carry on your property. It has to be your home or place of business or property. There are exceptions like hunting, fishing, target shooting, taking the gun for repairs, testing for a gun company, etc. but in general you can't say "Oh, yeah man, it's good to open carry on my 100 acre plot of land where nobody will ever see us"
dakota.potts
Who told you that about Florida law? I have been a deputy for six years in the southwest part of the state never heard that one. If you could tell me what statute that's under I would appreciate it. I know around here if you have written permission to be on their property if you’re armed or not is up to that person whose property you’re on. This almost always involves hunting. But have never made an arrest if they have permission.
Recall being stopped in Arkansas a few summers ago, with a Texas CHL and my PM9 along for the ride, secured in a door pocket for easy access but hidden from view. The officer never asked to see the gun, but invited me into his cruiser to discuss my choice of handgun and whether it might make a good backup. Very interesting experience -- and NO ticket ...
Since the FA is specific to the CCW I fail to see the problem with him asking to see both. The problem I see is the way the firearm was handled by the owner.
I would have removed the FA, removed the mag, ejected the round and handed him the FA with slide locked back like a professional.
I would have removed the FA, removed the mag, ejected the round and handed him the FA with slide locked back like a professional.
dakota.potts
New member
Grizz, I am glad that you respect peoples' rights. Here is the way it has been explained to me by Florida Carry, Inc. and their lawyers.
Open carry is banned. Flat out banned. It has exceptions. These exceptions being on your place of business or property, hunting, fishing, target shooting, testing firearms for a company, and some oddball exceptions.
Typically, all rights not explicitly illegal are held by the citizen. In this case, open carry is explicitly illegal unless you're covered under one of the exceptions.
There is no exception to allow someone to open carry on your property. Hunting, fishing, covered under another exception? Totally OK. Hanging out with a Coca-Cola in their driveway with your gun on your hip? Not OK. Legally, a friend can't even bring a rifle inside and show it to you in your own house. I don't know that there have ever been any prosecutions per se, but that's the wording of the law.
In this case, you don't need to find a statute making it illegal (790.06 does that), you need to find a statute listing a legal exception.
Open carry is banned. Flat out banned. It has exceptions. These exceptions being on your place of business or property, hunting, fishing, target shooting, testing firearms for a company, and some oddball exceptions.
Typically, all rights not explicitly illegal are held by the citizen. In this case, open carry is explicitly illegal unless you're covered under one of the exceptions.
There is no exception to allow someone to open carry on your property. Hunting, fishing, covered under another exception? Totally OK. Hanging out with a Coca-Cola in their driveway with your gun on your hip? Not OK. Legally, a friend can't even bring a rifle inside and show it to you in your own house. I don't know that there have ever been any prosecutions per se, but that's the wording of the law.
In this case, you don't need to find a statute making it illegal (790.06 does that), you need to find a statute listing a legal exception.
allaroundhunter
New member
Dakota, I think you are misinterpreting a large amount of that law. Not sure I would trust those lawyers if that is exactly what they are telling you, either.
I have a friend who is an attorney in FL. I'm going to try to get in contact with him to double check on this.
After reading through 790.06, I am fairly certain that you have been misinformed on this topic.
Nothing in that makes it illegal to openly carry a firearm on private property as long as it doesn't qualify as one of the above 'prohibited places'.
But again, I am going to double check with someone more qualified than myself.
I have a friend who is an attorney in FL. I'm going to try to get in contact with him to double check on this.
After reading through 790.06, I am fairly certain that you have been misinformed on this topic.
Nothing in that makes it illegal to openly carry a firearm on private property as long as it doesn't qualify as one of the above 'prohibited places'.
But again, I am going to double check with someone more qualified than myself.
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dakota.potts
New member
My bad. I have pointed to the wrong statute. It is the statute banning open carry.
Here we have the law finding open carry patently illegal. Below are the exceptions in which it is legal.
There is NO exception for someone to carry openly on somebody else's property even with written permission, unless under subsections (a) through (o) , such as a hunting expedition
Here we have the law finding open carry patently illegal. Below are the exceptions in which it is legal.
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:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
There is NO exception for someone to carry openly on somebody else's property even with written permission, unless under subsections (a) through (o) , such as a hunting expedition
allaroundhunter
New member
I just looked at what Dakota linked because he said it outlawed open carry. Nothing in his linked section of the penal code outlawed OC on private property.
But as I said, I will double check with a friend who is a much better source of info than myself.
allaroundhunter
New member
Now, I see what you mean about carrying on other's property. However, OCing, and taking a gun to a friend's house for show and tell are two very different things, and I have a hard time believing that the latter is against the law.
dakota.potts
New member
That would depend on legal definition and could get dicey, but I stand by my statement not to make assumptions about what's legal just because it's your property. If something is patently illegal, being your property doesn't make a difference. Doesn't matter if it's building a Fight Club in the basement, cocaine, or open carry of a firearm. The law sees it all the same way.
dakota.potts
You have to understand that there is no way that any prosecutor is going to touch a case where someone is carrying openly on their own property unless they were brandishing and being threating to someone else. How laws are enforced is much different than how they are written. Also unless someone calls us about you carrying openly we are not just driving around looking for gun crimes at least not in my county. We have enough to do with the bad guys now those guys we will bust every time we get a hint that they are carrying but they are convicted felons and for the most part are stupid. This makes my much job easier.
Anyway I understand your caution but I would ask your local sheriff how he perceives your view of that law.
You have to understand that there is no way that any prosecutor is going to touch a case where someone is carrying openly on their own property unless they were brandishing and being threating to someone else. How laws are enforced is much different than how they are written. Also unless someone calls us about you carrying openly we are not just driving around looking for gun crimes at least not in my county. We have enough to do with the bad guys now those guys we will bust every time we get a hint that they are carrying but they are convicted felons and for the most part are stupid. This makes my much job easier.
Anyway I understand your caution but I would ask your local sheriff how he perceives your view of that law.
Double Naught Spy
New member
So the employees of a business cannot open carry even if the owner wants them to do so unless they are military, LEO, legal guards, etc. etc. etc.
That is interesting.
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