September 28, 2025

Florida Court Declares Open Carry Ban Unconstitutional

News Summary

Florida is experiencing legal upheaval after a court ruling declared the state’s open carry ban unconstitutional. Attorney General James Uthmeier stated that open carry is now law, leading to confusion among law enforcement and gun control advocates. The ruling affects a 1987 statute and raises questions about enforcement and public safety. While some sheriffs will not enforce the ban, existing restrictions on firearms in sensitive areas remain in place. The legislative session in January may attempt to clarify inconsistencies resulting from this decision.

Florida is currently in the midst of legal upheaval following a recent court ruling that has declared the state’s ban on open carry of firearms unconstitutional. Florida Attorney General James Uthmeier announced that “open carry is the law of the state,” a statement that has created confusion among various law enforcement officials and gun control advocates.

The ruling comes from Florida’s First District Court of Appeal and applies to a statute from 1987 that prohibited the open display of firearms. The court found that this statute conflicted with the Second Amendment of the US Constitution, highlighting a significant shift in the legal landscape. This decision was prompted by the case of a Florida man arrested in 2022 for openly carrying a firearm, while also displaying a copy of the Constitution.

The ruling took effect on September 25, 2025, which has led some sheriffs across the state to announce they will not arrest or prosecute individuals for openly carrying firearms in public spaces. However, the announcement from Uthmeier has not been universally accepted, with multiple sheriffs and advocates for gun control expressing concerns over the lack of clarity that the ruling has generated.

Despite the newfound legality of open carry, it is important to note that existing Florida laws remain in effect concerning the carrying of firearms in specific sensitive areas such as schools, hospitals, courthouses, and bars. Furthermore, businesses and property owners retain the authority to prohibit firearms on their premises, and failure to comply with such bans can result in an armed trespassing charge, classified as a third-degree felony.

Democratic state representative Dan Daley has criticized the situation, labeling it a “hot mess” and warning that it could lead to substantial confusion and potential backlash. Law enforcement officials and firearm advocates predict that the upcoming legislative session in January will need to address the inconsistencies that have emerged following the ruling. Uthmeier himself acknowledged that there are “some inconsistencies” arising from the court’s decision and has called for legislative clarification.

The gun rights organization Florida Carry Inc. has advised gun owners to exercise caution during this transitional period and to adhere strictly to existing restrictions until the legal framework surrounding open carry is more clearly defined. A criminologist has indicated that significant legislative changes might be unlikely, given the Republican majority’s general opposition to further restrictions on firearms.

Prior to this ruling, Florida was one of the few states with a complete ban on open carry of firearms. Importantly, the court ruling does not alter existing restrictions on gun ownership for certain individuals, including convicted felons and those subject to domestic violence injunctions. Attorney General Uthmeier has stated that firearms must not be carried in a manner that could be construed as “rude, careless, angry, or threatening.”

Retail giants such as Publix and Target have previously announced their positions against open carry within their stores, although they allow concealed carry. The new ruling regarding open carry will not apply in locations where state and federal laws prohibit the presence of firearms, which could lead to additional interpretations and potential legal challenges in the future.

As Florida navigates this significant change in its gun laws, the community is left with questions regarding enforcement and compliance, highlighting the need for clarity from lawmakers. With the backdrop of conflicting opinions and the complexities of firearm legislation, the state stands at a crossroads where legislative guidance is critical to ensure public safety and legal conformity.

Deeper Dive: News & Info About This Topic

Author: STAFF HERE ORLANDO WRITER

ORLANDO STAFF WRITER The ORLANDO STAFF WRITER represents the experienced team at HEREOrlando.com, your go-to source for actionable local news and information in Orlando, Orange County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Orlando International Fringe Theatre Festival, Megacon Orlando, and Central Florida Fair. Our coverage extends to key organizations like the Orlando Economic Partnership and Hispanic Chamber of Commerce Metro Orlando, plus leading businesses in leisure and hospitality that power the local economy such as Walt Disney World Resort, AdventHealth, and Universal Orlando. As part of the broader HERE network, including HEREJacksonville.com, HEREPetersburg.com, HERETallahassee.com, and HERETampa.com, we provide comprehensive, credible insights into Florida's dynamic landscape.

ADD MORE INFORMATION OR CONTRIBUTE TO OUR ARTICLE CLICK HERE!

STAFF HERE ORLANDO WRITER

Stay Connected

More Updates

Would You Like To Add Your Business?

Submit