FLORIDA FIREARMS – Law, Use & Ownership

OPEN CARRY under the exceptions in F.S. 790.25 — to or from the range:
By Jon H. Gutmacher, Esq.

We all know you can “open carry” when going to or from a range or other lawful shooting area for lawful shooting purposes. F.S. 790.25 — But, could you be arrested for such, even though it’s lawful?

That was the email question I received from an instructor who had gotten a “yes” answer from several law enforcement officers. She asked if that was correct.

My answer was a qualified “yes”.

You see, while “to and from” a shooting range for the purpose of lawful shooting is an exception to open carry — it is almost always a “question of fact” whether you are actually going there (or coming back from), or just saying that to avoid arrest. For the officer, unless there is actually some evidence, if he or she doesn’t believe you — they can arrest you. Of course, you should eventually win the criminal case in court — but then you’ll have spent a night in jail, paid an attorney, have a criminal record, the weapon is seized as evidence and you often need a court order to get it back, and gone thru all sorts of hassles going to court.

On the other hand, if you’re returning from a range and have a receipt that can prove you were shooting there — I would say that is “evidence” that backs up your story. But still, you could be arrested, although in that instance I also think you’d have a good civil case for false arrest, and a basis for an internal affaires complaint to the officer’s department.

Plus, you can’t have a pistol “on your person” while in a conveyance per F.S. 790.25(5), and there is some controversy in legal circles (totally wrong) whether transportation of a pistol in a securely encased holster (strap is snapped across) left openly on a seat is legal or not. I can assure you it is legal from my research — but I had to go back to 1948 as a starting point to confirm that — and very few judges or attorneys have the research on that issue available.

So, the answer is — there is a certain amount of risk in open carry even under the exceptions in F.S. 790.25.