Open carry is "the law of the state," Florida's top cop says
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Florida Attorney General James Uthmeier speaks this month at the National Conservatism Conference in Washington. Photo: Dominic Gwinn/Middle East Images/AFP via Getty Images
The open carry of firearms is now legal in Florida thanks to a recent court decision deeming the state's ban on the practice unconstitutional, Attorney General James Uthmeier announced Monday.
Why it matters: His guidance provides a statewide read of the appellate court decision amid differing interpretations by local law enforcement leaders.
Driving the news: "As of last week, open carry is the law of the state," Uthmeier posted on X about the First District Court of Appeal's ruling, issued Wednesday.
- Attached was a memo to Florida law enforcement agencies and state attorney's offices saying they "should refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others."
Between the lines: Although the nearly 40-year-old law banning the practice can only be repealed by the Legislature, several agencies indicated prior to Uthmeier's guidance that they would stop enforcing it.
Yes, but: Some sheriffs — including those in Pinellas, Polk, Hernando and Manatee — said that open carry remains illegal until Sept. 25, after the 15-day window during which parties can appeal the court ruling.
- "To be on the safe side, you probably don't want to change your actions until Sept. 25," Hernando County Sheriff Al Nienhuis said Monday in a Facebook Live video.
- Uthmeier refuted that in his memo, citing legal precedent that says the effective date "is the date appearing on the face of the decision."
The intrigue: Pinellas Sheriff Bob Gualtieri, who has long been against open carry, further questioned the reach of the ruling, saying Friday in a statement that Pinellas is under the jurisdiction of the Second District Court of Appeal, not the First.
- Gualtieri also noted a previous Florida Supreme Court ruling that upheld the ban, saying that it may trump the lower court's decision.
The latest: In a new statement Tuesday, the sheriff deferred to Uthmeier's "well-reasoned guidance" and said his agency won't enforce the open carry ban after Sept. 25.
Zoom out: Both local sheriffs and Uthmeier emphasized that last week's decision doesn't impact where you can bring a gun.
- Private property owners maintain their right to ask those bearing arms to leave.
- Guns remain banned at government buildings and meetings, schools, polling places, college campuses and bars.
The bottom line: "Everyone needs to be respectful of property owner's rights as we will be respectful of Second-Amendment rights in public places," Gualtieri said.
Editor's note: This story has been updated to reflect new comments from Pinellas County Sheriff Bob Gualtieri.