Florida has taken a monumental step in altering its gun laws, permitting open carry starting Thursday. This policy change signifies a major shift from previous regulations where Florida, among only a few states, imposed a broad ban on open carry.
James Phillips, a partner at The Firearm Firm in Orlando, highlighted that Florida had enforced restrictions against open carry since 1987, save for a few minor exceptions. However, a recent ruling from the First District Court of Appeals deemed this blanket ban unconstitutional, citing it as a violation of the Second Amendment. Consequently, the statute prohibiting open carry has been repealed.
Notably, this change did not arise through the conventional legislative process, as no specific bill was signed to outline the parameters of open carry in the state. In Florida, individuals are not required to obtain a license to own a firearm or carry it openly.
Nevertheless, certain restrictions remain in place. Current Florida law continues to prohibit firearms in specific locations such as legislative meetings and polling places, while federal law adds further limitations, barring guns in schools, police stations, post offices, and federal courthouses. Legal expert Phillips advises people to adhere to these existing prohibitions as a precautionary measure until new legislative guidelines are established.
Additionally, private property owners retain the right to prohibit firearms on their premises and can legally require individuals to leave if they are carrying a weapon. Failure to comply with such requests may result in felony charges.
As Florida ventures into this new phase of gun laws, it is anticipated that legislative action will follow to address and refine regulations concerning permitted and prohibited locations for open carry.