Florida: Open Carry Is It Legal?
By Gregory Kielma
Floridians: Be Safe Wait until September 25th 2025 before open carry. Its Imparitive. Read the article below
Open carry is "the law of the state," Florida's top cop says
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Although the nearly 40-year-old law banning the practice can only be repealed by the Legislature, several agencies indicated prior to Uthmeier's guidance that they would stop enforcing it.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.
What they're saying:
"We will follow the law and respect statutes and court decisions," said Gualtieri, who is also a lawyer. "However, we must know 'what' the law is and where it is applicable before we can decide 'what' and 'how' we enforce the law."
• The agency will publish additional guidance to the public before Sept. 25, Gualtieri said, "but in the meantime, please remember, the open carry of guns in Florida is still unlawful."
• Gualtieri did not immediately return Axios' request for comment Monday.
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.