Senin, 29 April 2013

Can you open carry in a vehicle per 790.25?

There has been some controversy whether the exceptions in Florida Statute 790.25(3) allow "open carry" in a vehicle or conveyance in certain instances such as:  (h) fishing, hunting, camping;  (i) to and fro lawful target practice;  etc.

The argument against open carry is that Florida Statute 790.25(5) controls the other subsections -- such that any travel in a vehicle or conveyance must have the firearm "securely encased".   Since there is no appellate court opinion on this issue, and it involves a good faith debate -- it is somewhat of a "test case" problem.

Personally,  I feel that the law supporting "open carry" is overwhelmingly allowed in such situations -- as the purpose of the statute was not to prohibit any lawful use of firearms, but to clarify there were certain instances where there was a tradition, or common sense understanding that "open carry" was usual, which the statute was merely codifying.  Any other reading of the statute seems to throw its entirety into conflict.  (ie:  if fishing off a boat -- you couldn't have a knife or firearm exposed; an armed security guard would have to "securely encase" his firearm when inside an armored car; a law enforcement officer in a private vehicle would have to securely encase his or her firearm; etc.)

I have lots of other reasons -- both legal, and factual to support the argument.  However -- as I've said -- this question is having some controversy, and therefore I would suggest caution -- until the  issue is resolved by an appellate court.

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