Home Conservation Forums

Guns on a boat while fishing

tilemantileman Posts: 1,141 Officer
oh no
Here's ta swimn' with bowllegged women!

Replies

  • FLCoyoteFLCoyote Posts: 271 Deckhand
    Simple answer, if one exists? You can open carry while in the act of fishing, or going or returning from fishing. Your boat is considered the same as your home or vehicle in that you may have a firearm on board as long as it is securely encased. That means in a latched glove compartment center console, tackle box, tackle bag, overhead latching compartment, etc. My understanding is that you cannot concealed carry on your person without a concealed carry permit. I fish regularly with an individual who straps his holstered weapon on when we leave his house to go fishing and doesn't take it off until we return to his house. That doesn't mean you can go into a Walmart or convenience store and not expect some problems. We have been checked over the past 15 years or so by several Law Enforcement personnel, including FWC officers without incident while my fishing partner was armed/open carry. Once the FWC officer asked my friend to hand him the weapon, my friend put his hands in the air and told the officer that he preferred not to handle the weapon and that the officer was welcome to remove it from the holster, which he did and then proceeded to check us for licences, safety equipment, etc. When he was finished with the check he returned the weapon. No harm, No foul. I also would not want to handle a firearm while getting checked by Law Enforcement, too much tension and possible misinterpretation of intent. I would prefer to handle the weapon very carefully and safely and place it wherever the officer wanted me to. Handing it over to a single officer is just full of bad possibilities. This is just my opinion and is not a hard and fast legal opinion. It is based on reading the current laws of the state of Florida and actual experience.

    FLCoyote
  • tilemantileman Posts: 1,141 Officer
    Never mind
    Here's ta swimn' with bowllegged women!
  • Jack HexterJack Hexter New Port RicheyPosts: 5,340 Moderator
    Take her to a range. Bullets travel a LONG way on the water.
  • repairrepair Posts: 208 Deckhand
    I carry mine all the time but I have a CCL so its legal but with that being said I carry concealed because I don,t want every blue hair calling to report some guy is carrying a gun.
    I have to admit I am a FISHAHOLIC.
    viet vet usaf 71-75
  • Westwall01Westwall01 Posts: 5,452 Admiral
    repair wrote: »
    I carry mine all the time but I have a CCL so its legal but with that being said I carry concealed because I don,t want every blue hair calling to report some guy is carrying a gun.

    Good idea
  • largeredbulls55largeredbulls55 Posts: 28 Greenhorn
    Ok just so I am clear on this.

    I can fish and/or drive around on the boat with a pistol openly strapped to my body without a concealed permit. If not on my body, I can keep one in my tackle box (or latched in another compartment). Did I understand that correctly?

    Thank you
  • tony97gttony97gt Posts: 35 Greenhorn
    Ok just so I am clear on this.

    I can fish and/or drive around on the boat with a pistol openly strapped to my body without a concealed permit. If not on my body, I can keep one in my tackle box (or latched in another compartment). Did I understand that correctly?

    Thank you
    It seems the second post is mixing up some terminology. Open Carry should not be confused with Securely Encased. He is correct by stating that the firearm can be carried legally in Florida inside a vehicle without a permit as long as it's "securely encased" within a glove box or a case. I'm a LEO but I'm not sure if the laws differ on the water. On land you can carry it however you want inside the confines of your home but once you leave if you do not have a permit you cannot carry it concealed on your body. IMO just get the permit and carry concealed and always inform the police you're a permit holder and you're carrying if you have an encounter and you should never have an issue.
  • FLCoyoteFLCoyote Posts: 271 Deckhand
    tony97gt, According to the Florida Statutes firearms may be carried in a private conveyance which would include boats. I agree that the only place you can carry concealed without a permit is on your own property. Open carry is allowed on your own property or personally owned place of business, however there have been a number of arrests of people that were carrying openly on their own property when reported by nervous neighbors. Lets face it, the mere sight of a firearm can and does often result in a call to the police. A friend of mine who was a Part Time Police Officer in a local community told me that he would arrest anyone he stopped that had a visible firearm in a vehicle. I pointed out that long guns are often carried in vehicle gun racks when going hunting and brought his attention to the relevant Florida Statutes. The truth is that many LEO's do not keep up with legislative changes concerning firearms and game/fish laws and its just not worth a ride to the station to prove a point. Just last night at 1045PM several Police cars and officers were at my front door, turned out to be the wrong address. I'm just glad it wasn't a no knock warrant and that a neighbor called to tell me it was the police. I nearly went out a side door with a .38. I know that wouldn't have ended well for me. Anyhow here's the current Florida statutes:


    (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
    History.—s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103.
    1Note.—Repealed by s. 3, ch. 72-133.

    (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:

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
  • GulfHammockHunterGulfHammockHunter Posts: 47 Deckhand
    I wonder if you can keep a gun on your boat when duck hunting?;)
  • TampaTarpon5TampaTarpon5 Posts: 803 Officer
    I wonder if you can keep a gun on your boat when duck hunting?;)

    no
  • rehartlinerehartline Posts: 809 Officer
    "I agree that the only place you can carry concealed without a permit is on your own property. Open carry is allowed on your own property or personally owned place of business, however there have been a number of arrests of people that were carrying openly on their own property when reported by nervous neighbors."

    I'm pretty sure is that you can open carry in your home but not on your property. You can't walk out on the front yard with a gun strapped on.


    Read more: http://forums.floridasportsman.com/showthread.php?214119-Guns-on-a-boat-while-fishing#ixzz4FR9FisOG
  • 12bhunting12bhunting Posts: 291 Deckhand
    rehartline wrote: »
    "I agree that the only place you can carry concealed without a permit is on your own property. Open carry is allowed on your own property or personally owned place of business, however there have been a number of arrests of people that were carrying openly on their own property when reported by nervous neighbors."

    I'm pretty sure is that you can open carry in your home but not on your property. You can't walk out on the front yard with a gun strapped on.


    Read more: http://forums.floridasportsman.com/showthread.php?214119-Guns-on-a-boat-while-fishing#ixzz4FR9FisOG

    You can open carry on your property. You can mow the grass on your property with a pistol on your side visible to any passerby.
  • Old SkoolOld Skool Posts: 102 Deckhand
    Has a stand your ground defense been used on the water yet? I've had a couple of close calls where I'm fishing in my yak and some yahoo in a motorboat is not looking where he's going and almost run me over. Fortunately, I've been able to move, but there may come a time...
  • Turner River TerrorTurner River Terror Posts: 9,685 Admiral
    That was me..
    You were in the middle of the Channel at dead low tide, I was up on Plane and just hoping it'd make it thru the Bay with the water so low..
    I was going to slow down and wave but i'd be plowing mud for 2 miles if I did...
    Killin and Grillin :grin
  • Scallywag BillScallywag Bill Posts: 4 Greenhorn
    Florida is not a traditional open carry state. Open Carry is lawful while engaged in, or going directly to and from, lawful Target Shooting, Hunting, Fishing, and Camping expeditions. FL Statutes 790.25(3)(h), (j), and (k).

    The biggest problem that could end up in delaying your fishing would be law enforcement. Many charged with enforcement are not familiar w 790.25 specifics. In Highlands County I was informed by the local sheriff's attorney that I could expect to be arrested. You may view videos on YOU-TUBE that have fishermen on public docks exercising their open carry rights, questioned by LE and continued to fish w sidearm attached. I wish more sportsmen utilized this right!
  • JohnHJohnH Posts: 105 Officer
    I wonder if you can keep a gun on your boat when duck hunting?;)

    The answer is NO if you have to ask!
    Just yell "BANG" and the ducks will fall into the boat. Just don't exceed the limit.:machinegun
Sign In or Register to comment.
Magazine Cover

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

Preview This Month's Issue

Buy Digital Single Issues

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Buy Single Digital Issue on the Florida Sportsman App

Other Magazines

See All Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Florida Sportsman stories delivered right to your inbox.

Advertisement

Phone Icon

Get Digital Access.

All Florida Sportsman subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now