A decade after the Florida Supreme Court upheld the state’s ban on open carry in 2015, a state appeals court ruled Sept. 10 that it is unconstitutional.
In a significant decision, a three-judge panel of the 1st District Court of Appeal said the open-carry ban is incompatible with the nation’s “historical tradition of firearm regulation.” It cited U.S. Supreme Court rulings on Second Amendment issues.
The change does not go into effect until Sept. 25, and legislative action will be needed to align state law with the decision. While the ruling technically applies only to the 32 north Florida counties of the 1st District, the Florida Sheriffs Association is advising the state’s 67 county sheriffs not to make any arrests for the open carrying of firearms.
Curious about what this means for you? See video of Polk County Sheriff Grady Judd discussing what this change means for Florida gun owners.
Watch the video of Florida Sheriff Grady Judd discussing open carry
What is ‘open carry?’
“Open carry” means you can publicly carry a legally owned firearm that is kept in plain sight or partially concealed, usually holstered.
In Florida, openly carrying a firearm is a second-degree misdemeanor with a $500 fine or a maximum of 60 days in jail.
However, Florida Statute 790.25 provides exemptions for:
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Law enforcement, corrections officers, game wardens, forest officials, military, and guards
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Members of firearms clubs while at gatherings or traveling to and from them
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People who manufacture firearms while they’re on the job
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Anyone “engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition”
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Someone carrying a firearm in a concealed manner may “briefly and openly display” it to someone else, but not in an angry or threatening manner.
What does ‘concealed carry’ mean?
“Concealed carry” means you can publicly carry a legally owned firearm that is hidden from view. Concealed carry is currently legal in all 50 states but some states, including Florida before the law was changed in 2023, require special training and a license before it is allowed.
“Permitless carry” or “constitutional carry” allows both, without permits, licensing or training.
Is open carry legal in Florida now? Can I start wearing my gun?
Depends on where you live.
Several county sheriffs and local police departments in Florida have announced they will not enforce the open carry ban following the decision, along with some police departments, and at least one state attorney said his office will not prosecute violations.
Legal challenges to the decision are possible, and the state attorney general could choose to appeal, but since Florida Attorney General Jim Uthmeier called the decision a win for the Second Amendment, that seems unlikely.
“As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable,” he posted on X.
Since Ray said that “reasonable regulation” would be preserved, even if open carry becomes the law of the state, restrictions would still exist in courtrooms, courtroom parking lots, meetings of the Florida Legislature, polling places, school and college events, professional athletic events, career centers, and college or university facilities.
Currently, private property owners may also ban firearms on their property.
This article originally appeared on The Daytona Beach News-Journal: Florida’s open carry ban lifted? Sheriff explains new change