Rich7553 or notalawyer,
Will the recent change highlighted at the bottom of this post have any unintended effects on the "open carry legalese" in 790.25(3)??
Nope. There isn't any provision in statute for a property owner to give permission for you to violate the law. You may legally open carry only under the exceptions in 790.25(3).
Sent from my SAMSUNG-SGH-I337 using Tapatalk
Two things.
#1 Ignore ixtow...it's the wise thing to do.
#2 Open carry on property that you do not live on/work at is unlawful. Unless you are engaged in activities listed in 790.25(3).
So to answer your question: "So if the Pastor and deacons approved it would it be legal for members to open carry on the property?"
No.
No one can give you 'permission' to violate the law.
And even trying to stretch it into being "employed" there you likely would run afoul of chapter 493 Florida Statutes.
The State of Florida has some New Jury Instructions - Chapter 10 Weapons Offenses
Two new instructions in Chapter 10 Weapons Offenses 10.20 & 10.21 adopted this year.
http://www.floridasupremecourt.org/decisions/2014/sc13-1914_corrected.pdf
http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#
10.21 IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] [AT A SCHOOL-SPONSORED EVENT] [ON SCHOOL PROPERTY] [ON A SCHOOL BUS] [AT A SCHOOL BUS STOP] [WITHIN 1,000 FEET OF A SCHOOL]
§ 790.115(1), Fla. Stat.
To prove the crime of Improper Exhibition of a [Weapon] [Firearm] [Sword] [Sword Cane] [Electric Weapon or Device] [Destructive Device] [at] [on] [within] [(insert prohibited place in Fla. Stat. 790.115(1))], the State must prove the following four elements beyond a reasonable doubt.
1. (Defendant) had or carried a[n] [weapon] [firearm] [sword] [sword cane] [electric weapon or device] [destructive device].
2. (Defendant) exhibited the [weapon] [firearm] [sword] [sword cane] [electric weapon or device] [destructive device] in a rude, careless, angry, or threatening manner.
3. (Defendant) did so in the presence of one or more persons.
4. At the time, (defendant) was [at a school-sponsored event] [on the grounds [or facilities] of a [school] [school bus]] [school bus stop]] [within 1,000 feet of the real property that compromises a [public or private elementary school] [middle school] [secondary school] during school hours [or during the time of a sanctioned school activity].
Self-defense.
If you find that the defendant exhibited the [weapon] [firearm] [sword] [sword cane] [electric weapon or device] [destructive device] in necessary self-defense, you must find the defendant not guilty. Read instructions 3.6(f) and/or 3.6(g) as applicable.
Definitions. Give as applicable.
§ 790.001(13) and § 790.115(1), Fla. Stats.
“Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, razor blade, box cutter, common pocketknife, box cutter, or a deadly weapon, except a plastic knife or blunt-bladed table knife.
R.R. v. State, 826 So. 2d 465 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So. 2d 490 (Fla. 1st DCA 2005).
A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction. An object can be a deadly weapon if its sole modern use is to cause great bodily harm. An object not designed for use as a weapon may nonetheless be a deadly weapon if its use, intended use, or threatened use by the defendant was in a manner likely to inflict death or great bodily harm.
§ 790.001(6), Fla. Stat.
“Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; any machine gun. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.] The definition of “antique firearm is in Fla. Stat. § 790.001(1).
§ 790.001(14), Fla. Stat.
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
See § 790.001(4), Fla. Stat. for the definition of “destructive device.”
Lesser Included Offenses
IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] AT SCHOOL – 790.115(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Improper Exhibition of a Weapon or Firearm (except if the weapon is a closed common pocketknife) 790.10 10.5
Attempt 777.04(1) 5.1
Assault 784.011 8.1
Comments
The statute has an exception if the exhibition of the weapon or firearm was authorized and in support of school-sanctioned activities. See § 790.115(1), Fla. Stat.
This crime does not apply if the exhibition of the weapon or firearm was on private real property, within 1,000 feet of a school, by the owner of the property or by a person who had been authorized, licensed, or invited by the owner to be on the property. See § 790.115(1), Fla. Stat.
This crime does not apply if the defendant was a law enforcement officer as defined in
§ 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14), Fla. Stat. See § 790.115(3), Fla. Stat.
This instruction was adopted in 2014.
This crime does not apply if the exhibition of the weapon or firearm was on private real property, within 1,000 feet of a school, by the owner of the property or by a person who had been authorized, licensed, or invited by the owner to be on the property. See § 790.115(1), Fla. Stat.