Jacksonville, FL asked in Criminal Law and Civil Rights for Florida

Q: I live in Jacksonville Florida. If I obtain my mothers permission to open carry visiting on her property can I legally?

My mother has snakes and pest problems on her land. If I'm visiting/helping yard work on her property can I open carry only on her property? Rattlesnakes, copperhead snakes, water moccasins, raccoons, armadillo, and gators venture semi frequently on her land and I don't wanna have to run back to my truck if the gun is needed.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Perhaps not. Florida Statute 790.25 Lawful ownership, possession, and use of firearms and other weapons.—


(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;


(n) A person possessing arms at his or her home or place of business;


Thus your mother could openly carry a firearm at her home under Subsection (3) (n). However, if you don't live there, Subsection (3) (n) wouldn't allow you to carry your firearm at her home. But Subsection (3) (h) arguably might: you can argue that you are hunting those critters. To be sure that you don't get in trouble with the law, I suggest you get yourself a concealed carry permit and carry a handgun concealed.

Charles M. Baron agrees with this answer

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