# Open Carry while fishing



## RockB (Oct 11, 2007)

Just curious if any of you Open Carry when fishing from the beach.

In general Open Carry of a firearm is illegal in the state of Florida but there are provisions made to allow it when fishing. If I read correctly 790.53(Open Carry) and 790.06(Concealed Carry) statutes do not apply if engaged in fishing. 

From http://www.flsenate.gov/laws/statutes/2010/790.25

_790.25 Lawful ownership, possession, and use of firearms and other weapons.—(1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

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(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:.
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.(h) *A person engaged in fishing*, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

_


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## lowprofile (Jan 6, 2013)

seems legit. but i don't think the sand cabs are that dangerous...  i could see carrying while in the woods, way up or down from the launch on a river or pig hunting. but on the beach would probably be asking for trouble. unless your one of the guys who fishes from 10pm till sunrise then it could be justified.


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## Splittine (Nov 24, 2007)

Here we go again.


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## tips n tails (Mar 2, 2011)

If its that bad I might as well just stay home.


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## Mike aka FishWerks (Oct 22, 2007)

Splittine said:


> Here we go again.


Saw the post and thought the same thing... IT'S BACK!!!!


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## jackedup (Jan 17, 2008)

Wow it's one thing to be scared of all the big scary gangsters in Pensacola Fl but now you guys are scared of the goofy tourists and drunk people on the beach? Of course if a drunk tourist in his speedo starts messing with you ya better just shoot them huh? Or is it because you think it makes you look cool, like a tough guy, because it really makes you look like a scared kook.


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## knot @ Work (Apr 18, 2012)

How about the guy that can conceal carry in his speedo....

Boy that ones twisted....lol


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## LUPilot (Apr 10, 2012)

To be honest, open carry has always made me feel uncomfortable, and this is coming from a gun owner/enthusiast. For people who aren't, you'll only end up scaring them and likely getting the cops called on you, in which case you now have to defend yourself with the law (which usually doesn't go over so well with cops when a gun is involved). You're better off getting a concealed carry and just keeping it hidden. The difference in time required for you to retrieve from a concealed carry as opposed to an open carry is going to be so minimal that it realistically won't make any difference. My point (and its just my opinion)- is it's best to keep it in your pants (so to speak).


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## johnsonbeachbum (Oct 1, 2007)

I never understood the logic of allowing open carry _for *A person engaged in fishing*, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;.
Unless your doing it 20 miles from civilization or in Brownsville.
_


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## startzc (Feb 4, 2013)

Go river fishing in Alaska, then you'll see why. As far as the beaches IDK. I like open carry only because I'm military and whenever I have had a sidearm its on my hip and open so that is what I'm used to.


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## Spoolin Up (May 3, 2011)

went to browns fish camp today Guy was packing didn't bother me at all, I personally don't think its an issue either way. kinda like coke versus coca cola classic


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## hsiF deR (Oct 4, 2009)

jackedup said:


> Wow it's one thing to be scared of all the big scary gangsters in Pensacola Fl but now you guys are scared of the goofy tourists and drunk people on the beach? Of course if a drunk tourist in his speedo starts messing with you ya better just shoot them huh? Or is it because you think it makes you look cool, like a tough guy, because it really makes you look like a scared kook.


Yup, God forbid the man ask a question on an open fishing forum!


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## AVIDfisherman (Jan 31, 2013)

johnsonbeachbum said:


> I never understood the logic of allowing open carry _for *A person engaged in fishing*, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;.
> Unless your doing it 20 miles from civilization or in Brownsville.
> _


haha brownsville is a must.


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## BlaineAtk (Jun 8, 2010)

Wirelessly posted

I think if its your right, why not?


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## BlaineAtk (Jun 8, 2010)

Wirelessly posted

I would still carry concealed personally but I do it because you never know. May not ever need it, but good to have just in case.


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## RockB (Oct 11, 2007)

Didn't know it had been asked before. Sorry.


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## Yellowrivermudder (Dec 22, 2012)

I AM a concealed carrier, and the law says that when I am fishing or hunting I am allowed to OPEN CARRY. I do carry my firearm on certain types of fishing outings. The reason? I am a responsible owner, who happens to be trained to use it. If our beaches, or piers, or even stops in between have anything happen, I'd rather be prepared. I do NOT open carry it however due to the nature of people. There are certain piers where it isn't a secret that I have one on me but it isn't showing, that is where this law protects responsible carriers. The beach is no where I'd like to have my weapon as salt water will cause serious problems. If you're capable of carrying without malice, and practice good judgement then by all means, practice your right to bear arms. But a gun is useless without someone who knows how to use it, and without rounds(good luck getting those).


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## johnf (Jan 20, 2012)

johnsonbeachbum said:


> I never understood the logic of allowing open carry _for *A person engaged in fishing*, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;.
> Unless your doing it 20 miles from civilization or in Brownsville.
> _


Not sure how the law works where you are but in Arkansas if you are CC and your gun is exposed you are "brandishing" which is a felony. Allowing open carry avoids legal issues like that. I cc when I fish at night. Don't see the point during the day.


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## johnsonbeachbum (Oct 1, 2007)

BlaineAtk said:


> Wirelessly posted
> 
> I think if its your right, why not?


It is only "your right" because the lawmakers expressly made sure it was not illegal.
I am still curious as to why the lawmakers decided to allow open carry while fishing.
Can't be because your fishing, because your not allowed to dispatch any fish with a gun. Unless it is okay to do so after the fish has been landed by hook and line? And it was a common practice way back when the law was written?

P.S.
Open carry on the beaches around here and you might not get arrested or a ticket for open carry.
But you will get a ticket or arrest for disturbing the peace or disorderly conduct or or or anything else they can think of to make your life as miserable as possible.


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## Collard (Oct 23, 2007)

Wirelessly posted (Not the droid youre lookin for)

A lot of the replies mirror the national gun debate. 
Ideas vs rights
It's your right....do it if you choose. Ideas....from those who oppose.....pull your head out if your asses and go stick it in the sand. 
Also fishing during the daylight doesn't scare off the bad guys and I don't see why night time would "justify" it all. It doesn't need justification.....it's a written law


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## wardicus79 (Apr 12, 2012)

^^^^ this . Guy can't even ask a question about a written law around here without getting harassed what a shame .


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## Downtime2 (Sep 27, 2007)

I support CCW. But, I believe open carry in a lot of situations is over the top. Does it really matter as long as you are carrying? I mean, you still have a weapon on you concealed. I know what the law says and it is your right. But, it's kinda like farting in a crowded restaurant, it's legal, but, kinda makes people give you the stink eye. Imagine being a mother of say 2 small kids at the beach and a guy comes strolling out with a weapon in plain sight. Even though he or she is legal, do you not think the average Mom or person is gonna be spooked? I understand the argument though.


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## holicori (Dec 26, 2012)

Just curious...simple question hoping for a simple answer. 

Say somebody does not have a CC permit, can he still open carry while fishing? 

And if so...does it have to be open or could he just keep it in hs fishing bag if he doesnt have a CC?


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## Ocean Master (May 20, 2008)

Open carry while fishing on the beach..??

Why..?? I think it's totally stupid..!!


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## lowprofile (Jan 6, 2013)

does open and concealed carry apply to knives over a certain length? i know in california it did but i kept my knives in my pack all the time.


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## knot @ Work (Apr 18, 2012)

Been watching to many pirate movies lately.....

They all open carry too.
.:2guns::gun_bandana::2guns::gun_bandana:
:starwars:


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## Splittine (Nov 24, 2007)

Just because you can doesn't mean you should, and just because its legal doesn't mean you won't get arrested for it.


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## holicori (Dec 26, 2012)

holicori said:


> Just curious...simple question hoping for a simple answer.
> 
> Say somebody does not have a CC permit, can he still open carry while fishing?
> 
> And if so...does it have to be open or could he just keep it in hs fishing bag if he doesnt have a CC?



so does anybody know the answer to this?


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## johnsonbeachbum (Oct 1, 2007)

holicori said:


> Just curious...simple question hoping for a simple answer.
> 
> Say somebody does not have a CC permit, can he still open carry while fishing? supposedly yes according to: http://www.flsenate.gov/laws/statutes/2010/790.25
> 
> And if so...does it have to be open or could he just keep it in hs fishing bag if he doesnt have a CC? open means in full view like a cowboy holster, etc.


It is like walking down Johnson Beach stark naked.
The Florida Supreme Court has ruled that simple nudity like the above is not in violation of state or federal law.
But if you do it, the cops will be called and you will very likely get a ticket for _something_ anyhow.


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## armyguardus (Feb 1, 2010)

all Ive got to say is element of surprise for concealed carry


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## hubbyandwife (Jan 2, 2011)

Splashy salt water and gun metal don't mix well. Yes I clean my guns, but I don't want mine to even smell salt water


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## Ugly 1 (Feb 8, 2013)

*be glad your not in california*

check out blackwater tacticals web site. Captain Ron has a few videos that discuss this very subject and others pertaining to possession of fire arms and how to stay legal. He has a list of publications on the subject also. I carry tools and a jack in my truck and my sig when I fish! I hope that I don't ever need any of them but it would really suck to need them and not have them. With that said Ive spent the last 12 years teaching gun fighting and tactics and openly carrying a firearm when not wearing the appropriate uniform will only cause problems! (unless you are in Alaska) You also give up a valuable tactical advantage and risk being targeted. For those of you that think criminals and psychos have restrictions on when and where they victimize folks watch the nightly news. Good luck and safe fishing to all and BAD GUYS BEWARE!!!! UGLY


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## devinsdad (Mar 31, 2010)

Downtime2 said:


> I support CCW. But, I believe open carry in a lot of situations is over the top. Does it really matter as long as you are carrying? I mean, you still have a weapon on you concealed. I know what the law says and it is your right. But, it's kinda like farting in a crowded restaurant, it's legal, but, kinda makes people give you the stink eye. Imagine being a mother of say 2 small kids at the beach and a guy comes strolling out with a weapon in plain sight. Even though he or she is legal, do you not think the average Mom or person is gonna be spooked? I understand the argument though.


Very well said. I bet most people have a CCL here but fishing on the beach?!?! When I shark fish at night a sometimes have my pistol, sometimes I don't. The fact that someone never knows is the point.


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## Ugly 1 (Feb 8, 2013)

holicori said:


> so does anybody know the answer to this?


Yes and thanks for the fish. BBQ trout was great for dinner! Do your self a favor and check out blackwater tacticals web site. Captain Ron covers a lot of scenarios on carrying your firearm legally. Not just fishing scenarios . All this gun talk makes me want to go send a few down range!!!! Any one down for some .5 mile my M24 is hungry? Ugly


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## afcopper15 (Dec 12, 2012)

*Combat Fishing*

There is good reason to call it "combat fishing" in AK. My advise is just to keep it concealed. No need to draw undue attention to yourself. I too am a gun owner/carrier/enthusiast, but as much pressure is on the gun laws now, it just makes more sense to be discreet.


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## mcfay (Feb 19, 2014)

This is an old post but I did feel the need to respond to it.

I have a concealed carry license and I do carry my weapon ( on me but not in the open ) when I fish at night. I ( my daughter and one of her friends who are both 14 years old were with me)had an issue with a few drunks at Indian Pass one night that could have turned out very nasty if I had not been carrying my pistol. Just the presence of the weapon when I made it known that I was carrying ( I did not have to point it, just show it) ended the situation. I was fishing and my daughter and her friend were just a short distance from me ( about 10pm) . Our chairs were approximately 50 feet behind me. Several drumks on a Polaris decided to run over our chairs and then try and push the issue with me and the girls. My right to carry settled the problem ( other than crushed chairs) with no injuries and protected two 14 year old girls from a possible bad situation.


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## Brandon_SPC (Nov 2, 2013)

I do it. When I am fishing at night at Bob Sykes or actually fishing in general when I'm not in the water. It is my right I like to express my rights!:thumbsup:


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## Justin618 (Aug 18, 2013)

I have taken it with me once to the beach. By myself and you never know what might happen. I'm not looking for trouble, but some people are. And, it's my right. I have a concealed carry so if I wanna carry it i will.


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## woodinfliezz (Jan 27, 2014)

if im out of state would i be able to pack my pistol openly?? or the very least have it in my vehicle??


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## Justin618 (Aug 18, 2013)

woodinfliezz said:


> if im out of state would i be able to pack my pistol openly?? or the very least have it in my vehicle??


If your concealed carry for your state has florida on its list of states that your concealed carry is good in then yes. And in the state of Florida you don't need a concealed carry to have a gun in car. Can be loaded but hidden I believe.

Not openly though. Florida is a concealed carry only as far as I know


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## kilroy1117 (Mar 11, 2013)

Splittine said:


> Here we go again.


 
Someone else was witness to that off-topic convo the other week. lol...


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## kilroy1117 (Mar 11, 2013)

Yellowrivermudder said:


> I AM a concealed carrier, and the law says that when I am fishing or hunting I am allowed to OPEN CARRY. I do carry my firearm on certain types of fishing outings. The reason? I am a responsible owner, who happens to be trained to use it. If our beaches, or piers, or even stops in between have anything happen, I'd rather be prepared. I do NOT open carry it however due to the nature of people. There are certain piers where it isn't a secret that I have one on me but it isn't showing, that is where this law protects responsible carriers. The beach is no where I'd like to have my weapon as salt water will cause serious problems. If you're capable of carrying without malice, and practice good judgement then by all means, practice your right to bear arms. But a gun is useless without someone who knows how to use it, and without rounds(good luck getting those).


 
Couldn't we have just closed the thread on this note? lol


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## DaBreeze (Feb 25, 2012)

holicori said:


> Just curious...simple question hoping for a simple answer.
> 
> Say somebody does not have a CC permit, can he still open carry while fishing?
> 
> And if so...does it have to be open or could he just keep it in hs fishing bag if he doesnt have a CC?



You CAN open carry without a CWP while fishing and going DIRECTLY to and from fishing.


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## Realtor (Oct 1, 2007)

a few hundred bucks for the gun, another hundreds or so for a cool holster, going to the beach and getting sand and saltwater all over your gun and holster just to look cool, or "because I can" is priceless.... Just my 2 cents, and yes its worth just about nothing.....


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## Jason (Oct 2, 2007)

Realtor said:


> a few hundred bucks for the gun, another hundreds or so for a cool holster, going to the beach and getting sand and saltwater all over your gun and holster just to look cool, or "because I can" is priceless.... Just my 2 cents, and yes its worth just about nothing.....



Jim, I personally like letting my black rifle hang while I'm fighting a fish....it looks soooo cool especially with a bandoleer of shells around my chest like Rambo.:whistling::yes::blink:

When I am on my boat, I always have my pistol...don't open carry cause my swim trunks aint got belt loops:001_huh:

BTW why did this dead horse get beat again...?


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