Florida Attorney General James Uthmeier stated, “Open carry is state law.” He emphasized on Monday that the ruling from the first District Court of Appeals essentially makes open carry a national standard.
On September 10th, a three-judge panel from the first District Court of Appeals ruled that “law-abiding adult citizens” have the right to carry firearms in public. This discussion stems from McDaniels v. State, involving a man who challenged his conviction related to a 2002 arrest in Pensacola for violating public carry laws.
Stanley McDaniels was arrested after a handgun tucked into his pants was deemed a breach of the state’s carry regulations. Following his conviction, he received a sentence of probation and community service, but is now appealing the decision.
Judge Stephanie Ray deemed Florida’s public carry law unconstitutional, effectively overturning McDaniels’ conviction. She noted, “There is no historical precedent that supports Florida’s ban on open carry.” Furthermore, she mentioned that while open carry isn’t absolute and can be reasonably regulated, the state cannot strip a law-abiding adult’s right to carry.
Uthmeier referred to this ruling as a significant win for Second Amendment rights in Florida, asserting that the right to self-defense is fundamental. Following the appeals court’s decision last week, the Florida Sheriff’s Association urged all 67 county sheriffs not to enforce the public carry ban, although this ruling primarily applies to the first District.
The open carry ban in Florida was instituted in 1987 by former Governor Bob Martinez and had survived previous challenges, including a 2017 ruling by the state Supreme Court. More recently, in 2023, Governor Ron DeSantis signed legislation legalizing concealed carry without explicit permission.
Uthmeier advised prosecutors and law enforcement in Florida to avoid arresting or prosecuting individuals carrying firearms publicly, in line with the appeals court’s decision. However, he clarified that this does not exempt law enforcement from addressing firearms displayed in an aggressive manner.
He also indicated that the guidance does not permit firearms in specific locations, such as police stations or schools, where carry is prohibited by federal law.
Uthmeier, who was previously Chief of Staff to DeSantis, was appointed attorney general in February, succeeding Ashley Moody, who now holds a Senate position.
Attempts to reach DeSantis’ office for comments on Uthmeier’s statements were made.
