Florida attorney general declares open carry of guns ‘law of the state’


TALLAHASSEE, Florida — Florida Attorney General James Uthmeier declared state residents are free to openly carry guns statewide after an appeals court decision that struck down Florida’s nearly 40-year-old ban.

Uthmeier, a Republican appointed to the job earlier this year by Gov. Ron DeSantis who is running for the post in 2026, sent out a “guidance” memo Monday to law enforcement agencies and local prosecutors asserting the 1st District Court of Appeal ruling is in effect statewide.

“Meaning that of last week, open carry is the law of the state,” Uthmeier wrote on his official X account in a post that included the memo.

Uthmeier made his pronouncement amid a back-and-forth among various law enforcement agencies as to how they would handle open-carry incidents. Some, like the Jacksonville Sheriff’s Office, said they would not stop or arrest anyone openly displaying a weapon, while the Pinellas County sheriff said the ruling did not apply statewide.

The state attorney general wrote that “prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm that is visible to others.” He also wrote his office would no longer defend and prosecutions under the law.

Last week’s ruling stemmed from the 2002 arrest of Stan McDaniels, a candidate at the time for the Escambia County Commission. McDaniels, with a copy of the U.S. Constitution in his hand, was standing at a major intersection on July 4 in downtown Pensacola waving at people driving past. He had a loaded handgun tucked inside his pants with a holster that was clearly visible. McDaniels, who had a concealed weapons permit, told police he wanted his case to go to the Supreme Court.

McDaniels was arrested several days later and was eventually convicted of violating Florida’s open-carry ban. He was sentenced to probation and community service but his sentence was stayed while he appealed his case.

The 1st District Court of Appeal — based in Tallahassee — concluded the law should be struck down due to rulings from the nation’s highest court that laid out a framework on how to evaluate gun restrictions. They ruled the state had failed to show that the ban was consistent with historic firearm regulation. The appeals court made this decision even though the state Supreme Court in 2017 upheld the ban.

Ashley Moody, who is now a senator, had defended the law when she was Florida's attorney general. But Uthmeier announced last week he would not appeal the decision because he agreed with the court’s ruling.

While Uthmeier said open carry is now legal, he said that other gun laws remain in force, including one that bans the carrying of guns into courthouses, bars, schools and onto college campuses. The attorney general also stated that someone who is armed could be charged criminally if they refuse to leave after being asked to do so by a private property owner. Florida’s large theme parks such as Disney World prohibit people from bringing weapons onto the property.



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