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Search Term Q&A: Carrying a Blackpowder Gun |
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Gregory Morris, 12/12/08 9:00:36 am |
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Question: "open carry florida black powder guns"
Answer: Good question. First of all, the necessary disclaimer: IANAL. I don't know all about gun-related case laws. Get a real lawyer if you want a real answer. All I can do is show you the statutes and suggest some additional considerations.
Florida statute 790.053 expressly prohibits open carry of firearms. However, 790.001 says: The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime. An "antique" firearm, by Florida law, is basically any gun made before 1918, or a replica thereof. "Antique firearms", however, are immediately considered "firearms" when they are used in a crime.
So logically it follows that open carrying a pre-1918 blackpowder firearm or replica is not a crime in and of itself. However, don't count on the police and the courts giving your the benefit of the doubt, since they are not always logical.
Consider this scenario... lets say you decide to open carry your civil-war replica revolver down to the local WalMart. Police get a "man with a gun" call, find you and arrest you despite your protesting. Once the police figure out that state law does not consider your pistol to be a firearm, they charge you with breach of the peace, or something similar. Now you have the difficult task of arguing that your black powder pistol was not "used in the commission of a crime". If it is determined that your possession of an openly carried antique firearm is enough that it was "used in the commission of a crime", then you have also committed the crime of openly carrying a firearm. If you are convicted, the penalty for open carry of a firearm in this state is up to 60 days and $500. Even if you beat the rap, you'll have plenty of legal fees.
My suggestion is that you get a Florida Concealed Weapons Permit, and keep your weapon hidden. If you want to carry an antique gun for kicks and giggles, good luck keeping that powder dry. |
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