Manatee Sheriff Wells discusses open carry in light of Florida court decision

On September 15, the Florida First District Court of Appeals declared the prohibition of open carry unconstitutional. Sheriff Wells stated that this decision takes effect immediately; however, limitations still exist on where firearms can be openly carried.

Open carry remains banned at various public venues, including county and city commission meetings, courthouses, police stations, sheriff’s offices, bars, bar areas of restaurants, and schools. This includes school-sponsored events, school properties, school buses, and bus stops, which extend to colleges and universities.

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“It is crucial for individuals to adhere to these laws,” emphasized Wells. He added that firearms may not be carried in a “rude or careless” manner.

Wells further highlighted that property owners, including grocery stores and restaurants, have the right to disallow open or concealed carry on their premises without prior notice. Individuals who refuse to leave upon request could be charged with felony armed trespass.

“We urge everyone to respect the rights of property owners, just as we uphold Second Amendment rights in public spaces,” said Wells. “We ask that all individuals comply with the existing laws surrounding firearm possession and carrying in Manatee County.”

Permitless concealed carry in Florida

According to sections 790.01 and 790.06 of the Florida Statutes, concealed carry is allowed for individuals who are either licensed or meet the eligibility requirements without needing a license. These rules outline standards for eligibility, application processes, and suspension procedures.

Failing to meet the eligibility criteria can result in penalties, including a first-degree misdemeanor for carrying a concealed weapon or electric weapon, and a third-degree felony for carrying a concealed firearm.

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Lawful concealed carry is also authorized during a mandatory evacuation within 48 hours following the order.

The Florida Department of Agriculture and Consumer Services (FDACS) issues concealed-carry licenses, which are valid for seven years and are subject to specific eligibility and renewal criteria.

Even with a license, firearms are prohibited in specific locations such as law enforcement facilities, courthouses, polling places, school facilities, certain areas within bars, and most airport sterile areas, among others as mandated by federal law.

Criteria to Carry Concealed Without a License

Basic qualifications (2)(a)–(f):

• Must be a U.S. citizen, permanent resident, or qualifying foreign consular security official (§ 790.06(2)(a)).
• Must be 21 years or older (§ 790.06(2)(b)).
• Must not have any physical conditions that obstruct safe firearm handling (§ 790.06(2)(c)).
• Must not be prohibited from firearm possession due to felony convictions (§ 790.06(2)(d)).
• Must not have:
  • A drug crime conviction under Ch. 893 or be committed for drug abuse (§ 790.06(2)(e)).
• Must not habitually use alcohol or other substances to the point of impairment (§ 790.06(2)(f)).

Additional qualifications (2)(i)–(n):

• Must not have been adjudicated incapacitated (§ 790.06(2)(i)).
• Must not have been committed to a mental institution (§ 790.06(2)(j)).
• Must not have felony adjudication withheld or sentence suspended unless 3 years have passed since probation or expungement (§ 790.06(2)(k)).
• Must not have had a misdemeanor domestic violence adjudication withheld unless 3 years have elapsed or the record was expunged (§ 790.06(2)(l)).
• Must not be subject to a current domestic violence or repeat violence injunction (§ 790.06(2)(m)).
• Must not be prohibited under any other Florida or federal laws (§ 790.06(2)(n)).

Violence-related crimes (3):

• No conviction, withheld, or suspended sentence for misdemeanor crimes of violence within the last 3 years.
• Eligibility must be revoked if arrested or charged with a disqualifying crime until resolution (§ 790.06(3)).

Ongoing disqualifiers (10):

• No disqualifications post-issuance, e.g., felony convictions or repeat DUI offenses. These apply equally to permitless carry eligibility (§ 790.06(10)).

Key Information

• Date of Ruling: September 15
• Key Decision: Prohibition of open carry deemed unconstitutional
• Exemptions: Open carry still banned in schools, courthouses, police stations, etc.
• Permitless concealed carry qualifications outlined.
• Consequences for violating property owners’ rights include felony charges.