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Rifle Open Carry Question

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
499
Location
Punta Gorda, Florida, USA
All,

A person recently asked me if it was legal to openly carry a rifle in Florida. After explaining the usual "handgun" exemptions for open carry, I started to think about it and said I wasn't sure.

I know you can open carry a rifle (shotgun, bow, etc) in a vehicle with or without a license, but actually carrying a rifle outside the vehicle seems to elude my search of Florida statute 790. I see guys in the news with slung AR's and the like, but can't find where that is a viable demonstration technique.

Either that or it is simply not addressed anywhere that I can find.

Can anyone point me to the relevant statute that answers the question one way or the other?

AD
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,732
Location
here nc
AD...review of 790.xxx statutes:
790.001 (6) “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; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

790.001 (2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

790.001
(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
(10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

now that the preliminaries are out of the way...

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

that help?
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
499
Location
Punta Gorda, Florida, USA
Solus,

Yes, that's how I've read the statute (790.053(2) also and I have to say that the openly carried AR (slung or not) is not legal in Florida.

Perhaps the news video feed that I see is not from Florida but I'll have to watch it a bit closer next time.

At least I'm reading the statute correctly.

Thanks.

AD
 

Ironside

Regular Member
Joined
Aug 2, 2010
Messages
102
Location
Ocoee, Florida
All,

A person recently asked me if it was legal to openly carry a rifle in Florida. After explaining the usual "handgun" exemptions for open carry, I started to think about it and said I wasn't sure.

I know you can open carry a rifle (shotgun, bow, etc) in a vehicle with or without a license, but actually carrying a rifle outside the vehicle seems to elude my search of Florida statute 790. I see guys in the news with slung AR's and the like, but can't find where that is a viable demonstration technique.

Either that or it is simply not addressed anywhere that I can find.

Can anyone point me to the relevant statute that answers the question one way or the other?

AD
AD

I don't have a complete answer for you but in the deep dusty cobwebs of my memory ISTR the carry of cased or uncased rifles is somewhere in the Hunting Regulations.

DB
 
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