Attorney General Declares Open Carry “Law of the State” as Republicans and Democrats Clash on the Decision
The political fallout from the Florida First District Court of Appeal’s ruling on open carry is intensifying, with Florida Attorney General James Uthmeier declaring the practice “the law of the state” and the heads of the state’s two major political parties engaging in a heated debate over the decision.
On Monday, Uthmeier posted on X that he had issued guidance to law enforcement and prosecutors across Florida in light of the September 10 appeals court decision. “Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts,” he wrote. “Meaning that as of last week, open carry is the law of the state.”
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This direct declaration has made the court’s decision, which technically doesn’t go into effect until September 25, the de facto reality across the state now. The Florida Sheriffs Association has advised all 67 county sheriffs not to arrest anyone for openly carrying a firearm, and many departments have already announced they will not enforce the ban. The ruling renders the existing law moot without enforcement.
The legal victory for gun rights has triggered a sharp political divide. The Florida Democratic Party Chair, Nikki Fried, has voiced her strong opposition to the ruling, leading to a swift and aggressive response from the Republican Party of Florida.
“I have a long history advocating for the rights afforded in the Second Amendment and have previously petitioned Courts to uphold those rights for all citizens. However, I strongly believe that the First District Court of Appeals has erred in its recent opinion, which paves the way for open carry in the State of Florida,” said Fried.
“Nationwide, we are seeing harrowing levels of gun violence, marked by assassinations, school shootings, and people being killed in places of worship. This is a moment in history when we need to promote safer environments, not embolden those who could abuse the ruling’s intent to sow seeds of terror,” Fried continued. “We strongly encourage law enforcement to wait for a final legal judgment before allowing open carry, as it may cause confusion that leads to danger at a time when calm and clarity are so desperately needed.”
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Republican Party of Florida Chairman Evan Power blasted her comments.
“Nikki Fried’s comments show exactly what Democrats believe: Floridians can’t be trusted with their own rights,” said Power. “This isn’t about safety, it’s about control. Democrats will seize every opportunity to chip away at our freedoms, whether it’s the right to bear arms, the right to speak freely, or the right of parents to make the best educational decisions for their children.”
Power argued that the court’s decision did not create a new right but instead “reaffirmed what the Constitution already guarantees: law-abiding Floridians have the right to openly bear arms.”
“While Nikki Fried and Florida Democrats work to strip away those rights, Republicans are standing firm to protect them,” Power continued. “Florida will not allow the Left to erode our liberties. The Republican Party of Florida stands firmly for the Second Amendment and every freedom enshrined in our Constitution.”
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Ongoing Restrictions and Law Enforcement Guidance
Despite the sweeping political rhetoric, law enforcement officials across the state have been consistent in their guidance: open carry is legal, but it is not without limits.
Polk County Sheriff Grady Judd, a vocal proponent of the Second Amendment, welcomed the court’s decision but urged gun owners to be cautious and knowledgeable about the law. He noted that open carry “loses the surprise element” and may make a person a target for criminals. Judd and other sheriffs, including Pinellas County Sheriff Bob Gualtieri, emphasized that the decision does not override the rights of private property owners to ban firearms on their premises.
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Uthmeier’s memo to law enforcement reiterated this, stating that private property owners can still prohibit firearms, and any violation can be considered armed trespass, a third-degree felony. Uthmeier also stressed that the ruling does not permit individuals to “menace others with firearms” or allow convicted felons to possess guns.
The appeals court itself noted that the right is not “absolute or immune from reasonable regulation.” As such, open carry remains prohibited in numerous specific locations, including:
- Any police, sheriff, or highway patrol station
- Any detention facility, prison, or jail
- Any courthouse
- Polling places
- Any school, college, or professional athletic event
- The passenger terminal and sterile area of any airport
The change in open carry laws also does not affect other existing state gun restrictions, such as those related to a person’s age, criminal history, or Florida’s “red flag” laws, which allow for the temporary removal of firearms from individuals deemed a high risk to themselves or others.
As the political debate continues, the legal reality on the ground has been set by the courts and confirmed by the Attorney General.
Florida has joined other states in allowing the open carry of firearms, a shift that is already reshaping the conversation around gun rights and public safety in the Sunshine State.
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