Posts
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.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.
to
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 electric weapon or device.(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.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.
That translates to open carry, no license required.
For some reason 790.01 is amended from:
790.01 Unlicensed carrying of concealed weapons or concealed firearms.—(1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(3) This section does not apply to:(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.(b) A person who carries for purposes of lawful self-defense, in a concealed manner:1. A self-defense chemical spray.2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
to
790.01 Unlicensed carrying of concealed weapons or firearms.—It seems to me like the changes to 790.053 eliminate the need to mention firearms in 790.01 (3) (a).(1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) Except as provided in subsection (3), a person who carries a concealed firearm on or about his or her person into any place described in s. 790.06 (12) (a) commits a misdemeanor of the second degree, punishable as provided in s. 775.082, or s. 775.083.(3) This section does not apply to:(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.(b) A person who carries for purposes of lawful self-defense, in a concealed manner:1. A self-defense chemical spray.2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
Unless there's other language barring the carry of firearms in an evacuation zone not changed with this bill.
Reading that, I am led to think that it effectively bans the open carry of smart guns, flashlights, phones, powertools - essentially anything that uses electricity.
ReplyDeleteIt seems pretty plain:
(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 electric weapon or device.
I know that is (probably) not the intent since it is in a section titled "Open Carrying of Weapons" , but "black letter law" and all that.
From what you've reported the existing law about inadvertent and momentary loss of concealment, that seems pretty plain, is already being abused.
That was my thought, too. Guess the legislature is sick of people who can't pry themselves away from their phones for one minute.
Delete