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Is it considered CCW to have my XDm in a backpack??

This is a discussion on Is it considered CCW to have my XDm in a backpack?? within the CCW Talk forums, part of the Use and Training category; Originally Posted by JerzeyTransplant I can't get handgunlaws.us to load.. That's because it is Handgunlaw.us no "S"...

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Old 11-20-2009, 12:36 PM   #21
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Quote:
Originally Posted by JerzeyTransplant View Post
I can't get handgunlaws.us to load..
That's because it is Handgunlaw.us no "S"
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Old 11-20-2009, 12:55 PM   #22
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I went round and round with a Ranger about this (the addministrative type at the State HQ). He told me that under no circumstances can you carry without a CCW. Not even unloaded, dissasembled, and in a locked case. My State isn't an open carry state either so if you don't have a CCW, you can't have it on you period.

That being said. I keep mine in a special front pouch on my pack. I've never even seen a Ranger or WO on the trail where I go so the chances of running into one are very slim, and even slimmer that they would have any reason for a search. I'd rather deal with the reprocussions of not having a CCW permit if things go bad out there than not by not having a weapon. Just be cool with it and you'll be fine.
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Old 11-20-2009, 01:04 PM   #23
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Exclamation The Response I received from Florida State Park PR

Thank you for your interest in Florida State Parks. Yes, you can have your firearm with you while backpacking if you have a weapons permit to carry and it must be secured and not openly displayed. <o>></o>>
><o></o><o></o>>
The Department of Environmental Protection as of October 13, 2009 will comport with section 790.25(3)(h), Florida Statutes. This will allow persons visiting the state parks to lawfully display firearms while they are engaged in fishing, or camping or going to or returning from a fishing, camping, or lawful hunting expedition. Park visitors are reminded to properly store firearms while not engaged in the above activities.<o>></o>>

<o>></o>>
<o>> </o>>
Per Florida Administrative Code 62D-2.014(10):<o>></o>>
<o>> </o>>
(10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display (except if you are participating in the above mentioned activities for open display of firearms) in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in subsection 62D-2.013(7), F.A.C., herein.<o></o><o></o><o></o><o></o>


Let me know if you have any further questions.<o></o><o></o><o></o><o></o>
Sincerely,<o></o>
<o></o>
Leylani Velez<o></o>
<o></o>
Information Specialist<o></o>
<o></o>
850-245-2157<o></o>
<o></o>
Welcome to Florida State Parks <http: www.floridastateparks.org="">







She contradicts herself. She says I must have permit and it must be secured, not openly displayed. But then she notes that they will comply with 790.25 which says I can have it no permit needed.
<o>></o>></http:>
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Old 11-20-2009, 01:13 PM   #24
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What she means is that you have to have a permit to "carry" it, but you can have it in a tent, camper, vehicle, or RV without a permit as long as it is secure.
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Old 11-20-2009, 01:21 PM   #25
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Originally Posted by RichJ View Post
I went round and round with a Ranger about this (the addministrative type at the State HQ). He told me that under no circumstances can you carry without a CCW. Not even unloaded, dissasembled, and in a locked case. My State isn't an open carry state either so if you don't have a CCW, you can't have it on you period.

That being said. I keep mine in a special front pouch on my pack. I've never even seen a Ranger or WO on the trail where I go so the chances of running into one are very slim, and even slimmer that they would have any reason for a search. I'd rather deal with the reprocussions of not having a CCW permit if things go bad out there than not by not having a weapon. Just be cool with it and you'll be fine.
Being caught without a CCW in my home state is a felony. I would hesitate to give someone else the advice to just "deal with the reprocussions [sic]".
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Old 11-20-2009, 02:08 PM   #26
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Shes wrong. You only need look at 790.25 (2)(a)
(2) USES NOT AUTHORIZED.--
(a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.




The reason you can open carry is found in 709.25 (3)

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances,...


In section (h) it says hunting, fishing, camping


790.053 is the part where open carry is banned. Since it doesnt apply, you can open carry while engaged in or on your way to or from such activities.
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Old 11-20-2009, 02:47 PM   #27
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My take on it is, You have it concealed in a back pack. Your carrying the back pack on your person. To me that sounds like concealed carry to me. No permit yet, I'd either open carry it if the law allows or leave it home.
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Old 11-20-2009, 03:06 PM   #28
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The Final Verdict

I asked her to clarify. This was her response:

Mr. B,

Maybe, I miss-understood your intentions to visiting the park but what I took from your question and inquiry was that you are hiking the trails, right? If that is the case then you are not partaking in camping, fishing or lawfully hunting so then you cannot openly display your weapon. If you meant by back packing that you will be primitive camping and hiking the trails then you may have your weapon on you and in plain sight.

I hope this clarifies the rule, please give me a call or e-mail me if I have further confused you.

Sincerely,
Leylani Velez
Information Specialist
850-245-2157
Welcome to Florida State Parks


Open Carry while camping it is!!!
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Old 11-20-2009, 03:55 PM   #29
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Originally Posted by leeindy View Post
dont ask park rangers anything. most of them have no idea about laws or the proper interpretation of them. handgunlaws.us is your friend.
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Originally Posted by CarryingMarine View Post
WOW, where did this come from, I dont know about where you are, but the Rangers here are Top notch, and they KNOW the laws pertaining to this area AND their Parks. humm, what are yours like?
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Originally Posted by FrankC View Post
Yours are admirable then, could you please have some of them come to Wa and instruct the meatheads that we seem to have here please?

As it is I have a few friends who are cops and long ago learned not to ask them about anything pertaining to the law. They either don't know it or make it up as they go along.
Not only that, but the cops have been backed up by the courts for lying to people to get arrests.

Phone rings and cop answers.
John Q. Public: Hey, can I saw my shotgun barrel off to 6"? I got squirrels in my attic and the regular barrel is too long.
Officer Friendly: Sure thing, buddy. I hate squirrels, too.

John Q is arrested later that day with an illegal SBS. Courts uphold the arrest, even though Mr. Public told the court that Officer Friendly told him he could, as cops are not required to tell the public the truth.
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Old 02-18-2010, 04:20 PM   #30
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Quote:
Originally Posted by JerzeyTransplant View Post
I asked her to clarify. This was her response:

Mr. B,

Maybe, I miss-understood your intentions to visiting the park but what I took from your question and inquiry was that you are hiking the trails, right? If that is the case then you are not partaking in camping, fishing or lawfully hunting so then you cannot openly display your weapon. If you meant by back packing that you will be primitive camping and hiking the trails then you may have your weapon on you and in plain sight.

I hope this clarifies the rule, please give me a call or e-mail me if I have further confused you.

Sincerely,
Leylani Velez
Information Specialist
850-245-2157
Welcome to Florida State Parks


Open Carry while camping it is!!!
Always best to get the info from the source, and you have it in writing with a name so you have no worries, have fun.
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