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    Greg and Beth

    the political and personal musings of two
    mountaineers living in west-central Florida
     
    Search Term Q&A: Guns and Beaches Comment
    Gregory Morris, 3/5/09 8:39:47 pm
    Question: "can one carry a firearm on the beach in florida"

    Answer: Yes. Absolutely. If you have a Florida concealed weapon permit, you may lawfully carry a weapon, concealed on or about your person, while on the beach. That includes city, county, state, and now national parks.

    That said, if you plan on spending the day wearing a speedo, good luck concealing anything other than an NAA. You'll also want to consider the fact that sand and salt and guns don't mix. Walks on the beach while carrying are fine... but I don't consider swimming with your heirloom 1911A1 on your hip.

    In all seriousness, it is fine to carry your gun while spending a day on the beach with your kids, but remember that Florida law requires your concealed weapon to be "on or about" your person. You cannot under any circumstance leave your weapon in an unattended beach bag while you are playing in the sand. Doing so would not only be a violation of Florida's concealed weapons law, but it could also end up being a tragic violation of the state's child access law. Basically, if you leave a gun unattended, and a child picks it up, you are in one metric fuckton of trouble.

    So be safe, carry your gun when you can, but use common sense. If you are going to spend the day wearing little in the way of clothing, and splashing around in the surf, secure your sidearm where it won't become a liability.

    [Comments are closed after a month.]

    Re: Search Term Q&A: Guns and Beaches
    chris, 3/6/09 3:56:35 am
    Technically, if you have placed a gun in a bag (container) and you are not in its immediate presence, you no longer have a concealed weapon, you have a stored weapon. Albeit it would not be securely stored and you could most certainly run afoul of the safe storage laws regarding child access.

    I am not saying that i would do it... but i dont see how you could be charged with violating the CCW laws... especially in light of the fact that FL laws says that "containers" even unsecured ones can be considered sufficient for storage inside a car (being able to have a gun in your glove box without a permit)... If keeping a gun in a closed paper bag inside a car would be legal, there is no way they could argue that inside a zipped bag was not secure.
    Re: Search Term Q&A: Guns and Beaches
    Gregory Morris, 3/6/09 5:41:21 am
    First of all, let me reiterate: IANAL. This is the advice I would give to either a friend or a stranger if asked.

    I agree that you likely would not be charged with a violation of the state's concealed carry law if you did as I described, but I still maintain you are in violation. Florida's law regarding weapons in a car differ greatly from weapons kept elsewhere. Just because leaving a gun in your glove box is legal doesn't mean that it is legal to leave a gun in an unattended purse on the beach. The "enclosed container" provision that applies to your conveyance DOES NOT apply elsewhere.

    If a woman were carrying a gun in her zippered purse, it does not magically transform from a "concealed weapon" to a "securely stored weapon" when she leaves it in the bathroom at a restaurant and drives off. These types cases have happened. People have been prosecuted. Even if you win a case like this, which is likely, you have to deal with the life interruption and financial burden of a legal battle.

    "there is no way they could argue"... oh yes there is. You clearly haven't read Jon Gutmacher's book, or his blog. Not only do the police get the law wrong, but so do prosecutors, judges, and juries!
    Re: Search Term Q&A: Guns and Beaches
    Stan, 3/6/09 12:20:16 pm
    All legality aside leaving a weapon unattended at the beach is simply earth shatteringly stupid, which is good enough reason not to do it in the first place.
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