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.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.