Today, open carry officially became legal in Florida, ending a long-standing prohibition on the visible carrying of firearms. This shift in gun policy follows a significant court ruling from the 1st District Court of Appeal on September 10, which deemed the state's open carry ban unconstitutional, claiming it infringed upon Second Amendment rights. As reported by WFLA, there are still several restrictions in place; schools, courthouses, polling places, and government structures remain gun-free zones.
In the words of Polk County Sheriff Grady Judd, "If you go to a private business or to someone's residence and you’re asked not to carry the firearm, you have to leave with it. If you stay there, then you’re committing armed trespass, which is a felony," creating a clear boundary for gun owners between legal carry and criminal misconduct. Ample caution is still urged by officials like Sheriff Judd, who mentioned, "If you carry a firearm, be proficient, go to the range, know how to use it, know how to safely carry it," as detailed by WFLA.
Despite the ban lift, Florida's Attorney General James Uthmeier sent a memo on September 15 to law enforcement and prosecutors endorsing the decision and stating it would be "binding on Florida’s trial courts." According to a FOX 13 News interview with defense attorney Anthony Rickman, the ruling was "a monumental decision for gun rights advocates," acknowledging that Florida had been in the minority of states with such a prohibition and is now aligning with the majority that allows open carry.
Uthmeier has indicated his office will not defend prosecutions under the struck-down law, and stipulated that firearms carried "in a rude, careless, angry, or threatening manner" would still result in charges, as noted by Tallahassee.com. Today, the Hillsborough County State Attorney’s Office also revealed that 14 cases involving charges of illegally carrying guns, had been dismissed in light of the new legal landscape.
