Legal Q&A with Jon Gutmacher, Author of Florida Firearms: Law, Use and Ownership

LEGAL Q&A

Question: Your book reads that open carry in my home and on my property is legal. I would like to know if I can open carry in the driveway of my house. According to your book, I would definitely say yes, but I have read several other sources that say only within your home--not say, in the yard or on my front porch, clearly within my curtilage. I am a concealed weapons permit holder, and it is more or less a moot point. However, I open carry at my place of business, and in the car on my way home. Apparently, a neighbor has complained to the homeowners association about me being armed when I get home. For instance, I get out of the car, walk to the mailbox (on my property), maybe pull a few weeds next to the driveway, pick up the newspaper and go in the house with my gun still on my hip from the day. A sum total of maybe 10 minutes outside. Needless to say, there is nothing the HOA can do, and my opinion of my neighbors is not high anyway, nevertheless I don't want to violate any laws.

Answer: Case law makes it clear that as long as it's on your property, it's lawful so long as you violate no other law (e.g., reckless display, aggravated assault, etc.). See Collins v. State, 475 So.2d 968 (Fla. 4DCA 1985). Of course, this would not apply to an apartment where such areas are "common". On the other hand, why not just carry it concealed, and avoid all the problems you’re causing? Even without the permit, this is legal on your residence property (except if you lived in an apartment or condo, and were on “common property”). Sooner or later a problem will arise, and then, the real question is whether the responding police officer knows the law.

This column is not rendered as legal advice. If you have a specific factual situation that affects you, an attorney skilled in this area should be consulted. Return to Legal Q&A list

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