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rpmmotorsports 2
11-21-2011, 01:52 AM
As a Law Enforcement Officer how do you interpreted this law? Does it mean with a Concealed Carry license we can openly carry a hand gun? I am not a LEO and I don't want to find out my interpretation is not what the law really is.
Thank you for your input.
R Nelson

Re: SB 234 Florida Senate Bill
The 2011 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS View Entire Chapter

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.
History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145.

11-30-2011, 02:13 PM
[quote="rpmmotorsports 2"]
My understanding is as follow:

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.

You may not carry openly, however, if your concealed weapon is displayed briefly (like when you open your jacket, bend over to pick up something, etc... you are ok.

(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.

You may carry openly (a) or (b). Firearms are neither (a) or (b) then you can only carry them concealed (with a proper CCW license).

Falconer
07-26-2012, 03:32 AM
A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes