Florida Attorney General James Uthmeier issued guidance Monday instructing prosecutors and law enforcement agencies to stop enforcing the state’s longstanding ban on openly carrying firearms, following a ruling by the First District Court of Appeal that struck down the prohibition as unconstitutional.
The First District Court of Appeal ruled last week in McDaniels v. State that law-abiding citizens have a right to carry firearms openly in public under the Second Amendment. The court found that openly carrying weapons was consistent with the nation’s historical tradition of bearing arms and concluded that the state’s blanket prohibition was incompatible with that standard.
Because no other appellate court has weighed in on the matter, the decision now applies statewide and is binding on all trial courts. Uthmeier wrote in his guidance memorandum that his office will no longer defend convictions or prosecutions under the overturned law and advised law enforcement officers not to arrest citizens who are carrying firearms in a visible manner.
“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’s trial courts,” wrote Uthmeier. “Meaning that as of last week, open carry is the law of the state.
The ruling does not, however, prevent authorities from taking action against individuals who brandish firearms in a threatening or reckless way, nor does it alter the state’s ability to restrict guns in sensitive locations. Property owners also retain the right to bar firearms from their premises, and individuals who refuse to comply with such rules may still face legal consequences.
