Florida Attorney General James Uthmeier (R) on Monday followed up a recent court ruling by declaring that open carry is “the law of the state.”
Last week, a three-judge panel with Florida’s First District Court of Appeal determined that the Constitution protects open carry for self-defense. This followed a ruling by the Escambia County Court that the prohibition passed constitutional muster.
But no more.
The wait for open carry for Florida gun owners is over
Monday’s guidance memorandum from Uthmeier appeared first on X. The AG removed any ambiguity about the status of open carry in the Sunshine State.
“I’m issuing guidance to Florida’s prosecutors and law enforcement in the light of the 1st DCA’s decision in McDaniels v. State,” Uthmeier posted. “Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida trial courts.”
The AG added that “as of last week, open carry is the law of the state.”
The Sunshine State just greatly expanded carry rights outside of the home
Florida banned open carry in 1987 with a few exceptions, such as one carved out for hunters.
Uthmeier ended that on Monday with his long-overdue guidance. He instructed the state’s prosecutors and law enforcement communities not to arrest or prosecute “law-abiding citizens carrying a firearm that is visible to others.”
Like any upstanding Second Amendment advocate, Uthmeier reminded Floridians that gun owners are still responsible for the safe use of firearms. “Nothing in this decision permits individuals to menace others with firearms in public, nor does it undermine the state’s authority to prohibit felons from possessing firearms.”
Florida’s record on gun control is hardly spotless, but lawmakers recently took it upon themselves to right the wrongs and expand personal freedoms. Monday’s action is a most welcome development.
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