News Summary Florida Attorney General James Uthmeier has announced that open carry of firearms is now legal throughout the state, following a court ruling that deemed the previous ban unconstitutional. This historic decision marks a shift in Florida’s gun laws and comes as the state joins the majority allowing open carry. While restrictions remain for specific public locations and individuals, many law enforcement agencies are expected to adapt to the new ruling and halt arrests under the former ban. Florida Attorney General James Uthmeier has officially declared that residents can now carry firearms openly throughout the state. This announcement follows a landmark decision from the 1st District Court of Appeal, which recently deemed Florida’s nearly 40-year-old ban on open carry unconstitutional. Uthmeier, a Republican appointed by Governor Ron DeSantis, issued a guidance memo to law enforcement and local prosecutors outlining the implications of the court ruling. He stated that as of September 10, open carry is now lawful in Florida. Before this announcement, some law enforcement agencies had already begun to stop enforcing the open-carry ban. For instance, the Jacksonville Sheriff’s Office communicated its intention not to arrest individuals for openly displaying firearms. In contrast, the Pinellas County sheriff’s office argued that the ruling may not be applicable statewide. In his memo, Uthmeier advised law enforcement and prosecutors to refrain from arresting or prosecuting law-abiding citizens carrying visible firearms. In line with the court’s ruling, Uthmeier also declared that his office would no longer defend prosecutions under the long-standing open-carry ban, signaling a significant shift in the legal landscape surrounding gun ownership in Florida. The recent ruling emerged following the case of Stan McDaniels, who was arrested in 2022 during a public demonstration on July 4 while openly carrying a firearm alongside a copy of the U.S. Constitution. McDaniels was convicted of violating Florida’s open carry law, which prompted the appeal leading to the recent court decision. The appeals court ruled that the ban was inconsistent with previous U.S. Supreme Court rulings regarding gun rights. The court emphasized that there is no historical tradition supporting Florida’s prohibition on open carry, asserting that the public right to bear arms encompasses the right for individuals to openly carry as long as it remains within reasonable limits. Uthmeier clarified that while open carry is now permitted, several existing gun regulations still apply, including prohibitions on carrying firearms in sensitive locations such as courthouses, schools, bars, and government buildings. He also noted that individuals could still face legal consequences if they refuse to vacate private property when requested, even if they are armed. Florida’s previous open-carry prohibition was enacted in 1987 and classified the visible display of firearms as a misdemeanor, although it contained some exceptions. With the recent ruling, Florida now joins the ranks of 47 states that allow open carry in various forms. This change reflects a broader national trend, with many states moving toward more permissive statutes concerning the open or permitless carrying of firearms. Following the court’s decision, the Florida Sheriffs Association instructed all sheriffs to halt any arrests related to the open carry ban. The ruling’s legality will be binding across all Florida trial courts, as highlighted by Uthmeier and noted in court filings. While open carry is now officially legal for those who are permitted to possess firearms, restrictions remain in place for certain individuals, such as felons and those under the age of 21. Uthmeier’s office will monitor implementations of the new law to ensure compliance with both current legislation and the recent court decisions. This shift in Florida’s gun laws signals a major development in the ongoing conversation about firearms rights and regulations across the United States, as the balance between Second Amendment rights and public safety continues to be a pivotal topic in state and national debates. Deeper Dive: News & Info About This Topic Politico: Florida Attorney General Declares Open Carry of Guns Law of the State Wikipedia: Open Carry CBS News: Florida Open Carry Gun Law Details Google Search: Florida Open Carry Gun Law Orlando Sentinel: Florida Open Carry Ruling Prompts Celebration, Alarm, and Questions Encyclopedia Britannica: Gun Control New York Times: Florida Open Carry Guns Google News: Florida Open Carry Law
Author: STAFF HERE PETERSBURG WRITER
ST PETERSBURG STAFF WRITER The ST PETERSBURG STAFF WRITER represents the experienced team at HEREStPetersburg.com, your go-to source for actionable local news and information in St Petersburg, Pinellas County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Grand Prix of St. Petersburg, Localtopia, and SHINE Mural Festival. Our coverage extends to key organizations like the St. Petersburg Area Chamber of Commerce and St. Pete Downtown Partnership, plus leading businesses in finance, manufacturing, and healthcare that power the local economy such as Raymond James Financial, Jabil, and Bayfront Health St. Petersburg. As part of the broader HERE network, including HEREJacksonville.com, HEREOrlando.com, HERETallahassee.com, and HERETampa.com, we provide comprehensive, credible insights into Florida's dynamic landscape.
