Fishing Carry.

State and national practical & political discussions on legal open, concealed and vehicle carry.
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NorincoKid
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Location: Spring Hill, Hernando County

Fishing Carry.

Post by NorincoKid » Mon Dec 31, 2018 1:02 pm

So I'm still somewhat new to some of the laws in Florida.

I've read you can open carry while fishing. I'm not too crazy about that, for a few reasons but understand why one would do it. I think I've read of people being.....pestered.....by people who don't know that acceptable to do.

So, my question would be... is concealed carry.....without a permit acceptable/legal while fishing?

I've been thinking about finding a smaller handgun to keep in my tackle box (or on/with me) while out fishing but just wanted to be clear on what can and cannot be done. I had my permit in NY years back, but haven't gotten around to applying for one down here yet.

Would a Cobray 410/45 derringer, or even a 9mm/38 derringer with those "shotshells" even be effective for a fishing pest control device? Just trying to think of something that could be kept in a tackle box (and/or my camper when I find one) that would be inexpensive, and not missed dearly if lost or stolen.

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flcracker
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Location: Sarasota

Post by flcracker » Mon Dec 31, 2018 2:06 pm

No. Concealed carry is never permitted without a valid CWP.
....and some rin up hill and down dale, knapping the chucky stanes to pieces wi' hammers, like sae mony road-makers run daft — they say it is to see how the warld was made!
Saint Ronan's Well - Sir Walter Scott, Bart. (1824)

Dave P
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Post by Dave P » Mon Dec 31, 2018 3:44 pm

Open carry is permitted while going to-from fishing.

FL Statute 790.25.3 is clear to me: " it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

Are you a vagrant? Different rules apply. :lol:

dammitgriff
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Post by dammitgriff » Mon Dec 31, 2018 4:13 pm

Thanks to Dave P for posting the specific, applicable state statute.
Now, a question: do some state campgrounds prohibit weapons possession in contravention to this statute? What takes precedence?

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flcracker
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Location: Sarasota

Post by flcracker » Mon Dec 31, 2018 4:41 pm

In my experience, Myakka State Park rangers support/encourage the open carry of handguns under the "to/from/during camping" statute. YMMV at other parks.
....and some rin up hill and down dale, knapping the chucky stanes to pieces wi' hammers, like sae mony road-makers run daft — they say it is to see how the warld was made!
Saint Ronan's Well - Sir Walter Scott, Bart. (1824)

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NorincoKid
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Location: Spring Hill, Hernando County

Post by NorincoKid » Tue Jan 01, 2019 11:00 am

Alright, thanks guys....makes sense.

I remember reading a story about some guys getting jammed up for open carry while fishing and it turned me off a little.

jaytwillerham
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Post by jaytwillerham » Sun Jan 06, 2019 11:43 am

There's the problem.
Cops generally don't know the laws they are asked to enforce.
If you are planning to carry while hunting or fishing, it might be a good idea to have a printed version of the actual law.
Just a thought.
In Florida, it might help avoid a hassle with the police to do the same for having a loaded gun in your car.
It's legal to do so, within the definition of the law.

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jwperry
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Post by jwperry » Mon Jan 07, 2019 12:26 pm

NorincoKid wrote:
Tue Jan 01, 2019 11:00 am
Alright, thanks guys....makes sense.

I remember reading a story about some guys getting jammed up for open carry while fishing and it turned me off a little.
They were fishing from a pier in an urbanized area.

Fishing from a boat/shore in a rural area, no one will care.

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flcracker
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Location: Sarasota

Post by flcracker » Mon Jan 07, 2019 2:27 pm

For day hikes when you don't want to carry a tent to "prove" that you're going camping.

8 inches long, weighs 56 grams (2 oz.). $4.28 w/ free shipping.

https://www.amazon.com/38inch-Portable- ... BKSN6&th=1
....and some rin up hill and down dale, knapping the chucky stanes to pieces wi' hammers, like sae mony road-makers run daft — they say it is to see how the warld was made!
Saint Ronan's Well - Sir Walter Scott, Bart. (1824)

drshame
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Post by drshame » Mon Jan 07, 2019 4:00 pm

Good Question, be wary of generalized easy answers.
Check with a lawyer who knows and can explain the law.
NOT A LAWYER BUT.....
I understand Florida allows Open Carry for Fishing.
But where are you fishing...Public or Private Property, Municipal Pier, Beach, State Park, Condo Lake, Federal Park, Federal/State Managed Land?
Are there any other specific prohibitions, Private Country Club, Private Beach, Hotel/Motel Beachfront Property?

I believe in So Fla, some "fishermen" open carried sidearms while fishing off a Public Pier. Police were called and I believe they were detained or formally arrested. They cited the state law allowing open carry, and after a while, the charges were dropped. I understand they went thru it intentionally to prove a point to somebody or get publicity and attention to it.
Nothing personal, If you're a 2nd Amendment supporter, law-abiding taxpayer, why not just get a CCW , support Floridas' CCW Program, and legally carry a concealed firearm?
Off my soapbox...nothing to see here..Move Along!

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