State law still imposes limits on open carry in Florida
ST. PETERSBURG, Fla. — Since the First District Court of Appeals struck down Florida’s open-carry gun ban as unconstitutional last week, local law enforcement agencies are reminding citizens that the state law still imposes limits on where people can carry guns.
Pinellas County Sheriff Bob Gualtieri issued a statement Tuesday, reminding gun owners about other restrictions to follow. For instance, he said state law forbids openly carrying a firearm in a “rude or careless” manner, businesses can prohibit anyone from carrying guns on their property, and property owners don’t have to allow guns on their private property, with a potential felony charge for anyone who disobeys.
Hernando County Sheriff Al Nienhuis posted a video on open carry to the sheriff’s office Facebook page on Monday. He recommended that anyone who plans to open carry look into a holster with retention capabilities so someone can’t easily take their gun.
Nienhuis also said that carrying concealed may actually give gun owners more options if they end up in a dangerous situation.
“If there’s any bad guy who sees you before you see them, you then become a target, and your options are severely limited, and the time you have to make a decision is limited,” Nienhuis said.
The sheriff said his office offers a Situational Awareness Firearms Education (SAFE) Program for county residents that covers topics like mental preparedness for deadly force encounters and what the law says regarding using deadly force.
Groups like Gun Owners of America have been pushing for years for Florida to be an open carry state. Luis Valdes, Gun Owners of America’s Florida state director, said the court’s ruling is a win for all gun owners.
“Nothing else has changed,” he said. “Now, remember, that means gun-free zones, like schools, police stations, and correctional facilities — these are still in place,” Valdes said.
He said anyone with questions can reach out to Gun Owners of America and use its membership portal to send a direct message.
“You still have to be a responsible gun owner. With owning a firearm comes responsibility and civic virtue,” said Valdes.
Both Gualtieri and Nienhuis said open carry won’t be effective until after the deadline for appeals has passed, which is Sept. 26.
Florida Attorney General James Uthmeier’s guidance to prosecutors and law enforcement said most decisions don’t become final until after that deadline.
While his office doesn’t plan to file any motions, he said the First District Court of Appeals could still call for a rehearing.
