Local Police Get Ready for Legal Open Carry of Firearms in Florida

Key Information

• Case: McDaniels v State of Florida
• Ruling Date: September 10
• Effective Date: September 25
• Exceptions: Private property no-guns policy, publicly owned buildings (courthouses, schools, etc.), and individuals with criminal histories
• Government Response: Support from Florida Governor Ron DeSantis and Attorney General James Uthmeier

On September 10, the First District Court of Appeal ruled in McDaniels v State of Florida, striking down the prohibition on open carrying of firearms, declaring it unconstitutional under the Second Amendment. The ruling, effective from September 25, reflects a significant change in Florida’s firearm laws.

Manatee County Sheriff Rick Wells has indicated that local law enforcement is working on clarifying the implications of this ruling. “Like other Florida sheriff’s offices, we are collaborating with the Florida Attorney General’s office and the State Attorney to determine if any restricted areas will remain exempt. We expect more clarity by September 25.”

While the ruling allows open carry, certain exceptions remain in place. Businesses and private property owners retain the right to enforce no-guns policies, a rule that also applies to concealed weapons. Publicly owned buildings, including courthouses and school property, will continue to be gun-free zones, as will certain government buildings and properties associated with schools and universities. Individuals with criminal histories are also excluded from the right to carry openly.

Charlotte County Sheriff Bill Prummell expressed concerns over the ruling during a social media video. “This is a significant change for Florida. It comes with a high level of responsibility. To gun owners, I urge you to remain responsible and adhere to legal limits.”

Gun shop owner Francis Misantone voiced his apprehensions about the ruling’s impact on law enforcement. “It’s going to be challenging. Officers will have to determine if an individual with a gun poses a threat or is simply exercising their rights,” he noted.

Polk County Sheriff Grady Judd took to social media as well, emphasizing the importance of understanding the law. “While I support the Second Amendment, it’s crucial for citizens to be informed about the law,” he stated.

The legal case originated from the arrest of Stanley McDaniels on July 4, 2022, for openly carrying a holstered pistol and a copy of the U.S. Constitution in downtown Pensacola. The Appeals Court vacated his sentence, highlighting that the state’s law does not align with historical firearm regulations in the U.S.

The ruling reinforces the idea that the Second Amendment encompasses the right to openly carry firearms in public for self-defense, with no distinction made between concealed and open carry.

Florida Governor Ron DeSantis expressed his approval of the decision on X, stating, “This aligns state policy with my long-held views and those of most states across the nation. The court rightly interpreted the Second Amendment.”

Attorney General James Uthmeier echoed this sentiment, calling it a significant victory for Floridians’ Second Amendment rights, emphasizing the importance of self-defense.

As the effective date approaches, the real-world implications of open carry in Florida remain uncertain. Misantone warned, “You need to stay aware of your surroundings all the time. Being ready to protect yourself is essential in this new environment.”