ADulay
Regular Member
This is a question about the recent change to 790.25.
In my position it involves whether or not the provisions of 790.053 still apply under the new declaration of 790.25.
For those who are still reading, 790.053 is the prohibition of open carry in Florida.
2022 Statute
790.25
(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:
The key words here being "DO NOT APPLY" to the mentioned statutes, namely 790.053 (the prohibition of open carry).
2023 Statute
790.25
(2) LAWFUL USES.—Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law:
Previously the section (3) stated that the previously mentioned prohibition of open carry (790.053) did not apply (once you drilled down to the "hunting, fishing, camping" section which I won't bore you with for now.
The "new" statute for 2023 now says "Notwithstanding" 790.053 the following persons, etc. etc.
The question is how do you define the word "notwithstanding" in this context. Normal English language would say "In spite of" these statutes but is that how a court would interpret the word?
I'm thinking that saying "In spite of statute 790.053. the following persons, etc. doesn't really imply that the 790.053 statute doesn't apply in this instance, like it did in previous years.
If you don't open carry under the old statute then this thread will be pointless but if you do carry to hunting, fishing, camping and shooting, it might be of interest to you.
AD
In my position it involves whether or not the provisions of 790.053 still apply under the new declaration of 790.25.
For those who are still reading, 790.053 is the prohibition of open carry in Florida.
2022 Statute
790.25
(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:
The key words here being "DO NOT APPLY" to the mentioned statutes, namely 790.053 (the prohibition of open carry).
2023 Statute
790.25
(2) LAWFUL USES.—Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law:
Previously the section (3) stated that the previously mentioned prohibition of open carry (790.053) did not apply (once you drilled down to the "hunting, fishing, camping" section which I won't bore you with for now.
The "new" statute for 2023 now says "Notwithstanding" 790.053 the following persons, etc. etc.
The question is how do you define the word "notwithstanding" in this context. Normal English language would say "In spite of" these statutes but is that how a court would interpret the word?
I'm thinking that saying "In spite of statute 790.053. the following persons, etc. doesn't really imply that the 790.053 statute doesn't apply in this instance, like it did in previous years.
If you don't open carry under the old statute then this thread will be pointless but if you do carry to hunting, fishing, camping and shooting, it might be of interest to you.
AD
