• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

2023 Statute change

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
This is a question about the recent change to 790.25.

In my position it involves whether or not the provisions of 790.053 still apply under the new declaration of 790.25.

For those who are still reading, 790.053 is the prohibition of open carry in Florida.


2022 Statute
790.25

(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:

The key words here being "DO NOT APPLY" to the mentioned statutes, namely 790.053 (the prohibition of open carry).


2023 Statute
790.25

(2) LAWFUL USES.—Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law:


Previously the section (3) stated that the previously mentioned prohibition of open carry (790.053) did not apply (once you drilled down to the "hunting, fishing, camping" section which I won't bore you with for now.

The "new" statute for 2023 now says "Notwithstanding" 790.053 the following persons, etc. etc.

The question is how do you define the word "notwithstanding" in this context. Normal English language would say "In spite of" these statutes but is that how a court would interpret the word?

I'm thinking that saying "In spite of statute 790.053. the following persons, etc. doesn't really imply that the 790.053 statute doesn't apply in this instance, like it did in previous years.

If you don't open carry under the old statute then this thread will be pointless but if you do carry to hunting, fishing, camping and shooting, it might be of interest to you.

AD
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,924
Location
Cincinnati, Ohio, USA
Black's Law Dictionary 6th.
Non obstante Latin - Notwithstanding.
Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes.

Black's Law Dictionary 9th.
notwithstanding, Despite; in spite of <notwithstanding the conditions listed above, the landlord can terminate the lease if the tenant defaults>.

According to law "In spite of" means the same thing.
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Thanks.

I was obviously leaning that way but was starting to get bogged down doing many searches for valid definitions under law of the "notwithstanding" verbiage.

AD
 
Top