Sounds of celebration erupted in Florida this week after the First District Court of Appeals ruled on Wednesday that state citizens have the right to openly carry firearms for self-defense.
The case originated in Escambia County, where a court upheld the state ban as constitutional. The appeals court carefully and correctly weighed the Sunshine State law against 2022’s U.S. Supreme Court Bruen decision that established the baseline for determining gun control issues.
The court heard arguments on whether the ban “regulates conduct covered by the Second Amendment’s plain text.” Judges were charged with determining if the law “is consistent with the Nation’s historical tradition of firearm regulation” as required by Bruen.”
Appeals court determined that the state did not rely on historical precedent when it banned open carry
Judge Stephanie Ray wrote the majority opinion.
“On this record, the State has failed to carry its burden,” Ray explained. “It identifies no Founding Era law that broadly prohibited the open carry of firearms in public. Nor does it cite any historical regulation imposing a burden or justification to Florida’s Open Carry Ban. At most, it has pointed to laws regulating the method or manner of carry, but those laws left intact the ability to bear arms openly for peaceful purposes.”
Ray further wrote that the Sunshine State ban “eliminates that option altogether and thus extends far beyond anything recognized in our historical tradition.”
So, where does this leave Florida’s law-abiding gun owners?
Immediately, the ruling does not take effect for 15 days. There also remains the possibility of a challenge to the Florida Supreme Court, though Gov. Ron DeSantis (R) and Attorney General James Uthmeier (R) are on board with expanding gun rights to include open carry.
The AG told reporters that his office “fully supports the Court’s decision.”
Uthmeier celebrated the “big win” for gun rights for all Floridians. “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
Lake County Commissioner Anthony Sabatini (R) was jubilant over the news, posting his joy on X.
“FLORIDA IS NOW AN OPEN CARRY STATE!” he gushed. “As a member of the Florida House of Representatives, I fought for 4 years in Tallahassee for Open Carry, only to see my gun bills blocked.”
One prominent law enforcement official, Brevard County Sheriff Wayne Ivey, posted on social media Wednesday that his deputies will not arrest individuals for open carry in most public places.
Unlike what anti-gunners believe, expanding gun rights will not recreate the Wild West, and owners still have the final word about who openly carries in their place of business.
“If you’re someone that is now openly carrying a firearm and going to a local grocery store or some kind of shop, and the manager or store owner states that open carry is not welcome on their premises, you must respect that directive, or you can be legally trespassed from the property,” the sheriff explained.
At least four other prominent sheriffs made similar announcements following this week’s news.
Flagler County Sheriff Rick Staley declared that his office will not go after individuals practicing open carry. “Given the court’s ruling, I have directed that deputies do not enforce this statute, and they cannot make arrests solely based on an individual openly carrying a firearm.”
It is not, however, a free-for-all, as weapons will continue to be prohibited at locations “including, but not limited to, police or sheriff’s offices, courthouses, government buildings, bars, and school property.”
Volusia County Sheriff Mike Chitwood acknowledged that the state Supreme Court could still have a say in the law. However, he added that he does not expect the court to reverse the good news.
“With that, I have instructed my deputies to no longer enforce or make any arrest under Section 790.053, Florida Statutes,” Chitwood told local media.
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