Openly carrying a firearm is now officially legal in Florida, AG says

FLORIDA – Florida is officially an open carry state.

That’s according to Attorney General James Uthmeier, who said that a recent decision by the First District Court of Appeals that deemed the open-carry ban unconstitutional and incompatible with the Second Amendment is binding on all Florida’s trial courts.

“In McDaniels v. State, the First District Court of Appeal struck down Florida’s ban on open carry, finding that ‘law-abiding, adult citizens’ have a right to carry ‘firearm[s] openly in public’ under the Second Amendment…the First District’s decision is binding on all Florida’s trial courts,” a letter posted to X by Uthmeier read, in part.

Uthmeier’s announcement comes a few days after multiple law enforcement agencies in Northeast Florida have said their deputies have been instructed not to enforce the state law banning residents from openly carrying their guns.

The Jacksonville Sheriff’s Office, Clay County Sheriff’s Office, Bradford County Sheriff’s Office, St. Johns County Sheriff’s Office, and Columbia County Sheriff’s Office were among the agencies to release statements saying their deputies were told not to enforce the open carry ban.

However, the Alachua County Sheriff’s Office took a different approach to the overturned law.

“I want to emphasize that this opinion is not final until the disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.,” Sheriff Chad Scott said in a post on Thursday. “As of today, the status of the law concerning open carry of firearms is the same as it was yesterday—there has been no change.”

If you are a gun owner in a public space, you can legally possess your firearm, but businesses, stores, and private property owners still have the right to prohibit open or concealed carry of weapons on their premises.

Open carry is still not allowed in restricted areas, including courthouses, police and sheriff’s offices, certain government buildings, school property, school buses, school-sponsored events, and colleges and universities.

Tom Hackney, News4JAX’s crime and safety analyst, gave some tips to increase awareness for those who do plan to openly carry their firearm.

“It changes people’s view of you as you’re moving about where you may normally have carried that concealed, but if it’s out in the open, it changes,” Hackney said.

Hackney said that whether it’s a verbal disagreement or a chance encounter, the gun becomes part of the story.

He said an important rule is to be careful when interacting with police. Even trained officers must make split-second decisions when they see a weapon and one wrong move could turn deadly.

“So if somebody sees you walking through a store armed with a gun, law enforcement comes, you have to be careful with your reaction to law enforcement and how you speak to them and present them, and certainly avoid reaching for that gun at all, or what could be perceived as a reach for a firearm,” Hackney said.

If you’re open carrying, it might be a good idea to get a bright colored phone case so there is no question about what you’re reaching for.