Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception
I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have not found anything.
I have a hard time believing the open carry exception for hunting, fishing, & camping is intended to allow you to protect yourself from dangerous wild life and that hiking would not fall under camping. A typical google search is pretty inconclusive and I have not found anything legal to support either way. I just want properly educated so I can protect my self and family when daytime camping (hiking) in the woods.
A: When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out without the nuisance of packing them away as soon as they arrive at their campsite. Have you thought about a dog?
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A:
I agree that "daytime camping" is, in general, an oxymoron. To be camping you have to plan on staying overnight in a camp. On the other hand, hiking can frequently be an ancillary activity of camping. So if you pitch a tent (or park a RV) and then go for a hike, I would argue that the hike is part of the camping and therefore the open carrying of firearms would be allowed. The only thing that would not be ok under the camping exception would be to take a hike from you home without setting up a camp at some point during the excursion.
Also, in my opinion, it doesn't matter whether the firearm is a long gun or a handgun. The statute doesn't distinguish between the two.
1 user found this answer helpful
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