The Florida Attorney General’s Office has issued guidance to law enforcement regarding the recent appellate court decision surrounding the open carrying of firearms decision. The existing statute only allowed open carrying when engaged in fishing, hunting, or camping. That statute is no longer enforceable. This means that “Open Carry” is now allowed in Florida. It is important to remember that there are still some exceptions, just as there are for concealed carrying. We also stress the importance of proper training and safety when carrying a weapon. While we fully support our 2^nd Amendment, please understand that this is not something we have been used to and there may be a period of time when we are all adjusting to the newness of this ruling. Public safety is our top priority and we will always treat that with the highest regard. Please do not hesitate to call law enforcement if you have a legitimate concern for public safety.

Please see the below excerpt from the Attorney General’s Guidance.

“Because no other appellate court has considered the constitutionality of Section 790.053 under Bruen and Rahimi, the First District’s decision is binding on all Florida’s trial courts. See Pardo v. State, 596 So. 2d 665, 666 (Fla. 1992). Effectively, the McDaniels decision is now the law of the State.

The McDaniels decision does not, however, prevent law enforcement from continuing to police those who “exhibit [firearms] in a rude, careless, angry, or threatening manner” in public. § 790.10, Fla. Stat. And nothing in the decision permits individuals to menace others with firearms in public, nor does it undermine the State’s authority to prohibit felons from possessing firearms.

Additionally, the Court’s decision neither considered nor implicated Florida’s law listing certain locations where the carrying of a firearm—open or concealed—may be unauthorized. See 790.06(12)(a), Fla. Stat. The same holds true for private property owners, who maintain the long-standing legal prerogative to compel individuals carrying firearms to leave their premises. Any person carrying a firearm who violates the private property owner’s warning to depart will be committing armed trespass, a third-degree felony. See § 810.08(2)(c), Fla. Stat.”