Sheriff Gualtieri reverses course after guidance from Attorney General, but warns that open carry is not a ‘free-for-all’ and remains illegal in certain places.
PINELLAS COUNTY, Fla. – Pinellas County Sheriff Bob Gualtieri has issued an updated statement, announcing his office will now follow guidance from Florida Attorney General James Uthmeier and cease enforcement of the state’s general ban on the open carry of firearms.
This decision comes after the Attorney General issued guidance to law enforcement agencies across the state, acknowledging the First District Court of Appeals’ ruling in McDaniels v. State.
The ruling, which found Florida’s open carry ban unconstitutional, will be respected by the Pinellas County Sheriff’s Office. “F.S. 790.053 (open carry ban) will not be enforced by the Pinellas County Sheriff’s Office,” Sheriff Gualtieri stated, following the Attorney General’s “well-reasoned guidance.”
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However, the Sheriff’s office is reminding the public that this change does not take effect immediately. The court’s decision is not final until September 26, 2025, and residents are urged to respect that effective date.
Sheriff Gualtieri also stressed that the open carry of firearms is not totally unrestricted. He outlined several key limitations that the public must be aware of:
- Restricted Locations: Open carry is still prohibited in places listed under F.S. 790.06(12)(a), which includes schools, courthouses, police stations, and government meetings.
- “Rude or Careless” Manner: The law does not permit open carrying of a firearm in a “rude or careless” manner (F.S. 790.10).
- Private Property Rights: Businesses and property owners, such as grocery stores, restaurants, and shopping centers, have the right to prohibit firearms on their premises, whether openly carried or concealed. Violators who carry a firearm on prohibited private property may face arrest for armed trespass, a felony under Florida law.
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“Everyone needs to be respectful of property owner’s rights as we will be respectful of Second Amendment rights in public places,” the Sheriff’s statement concluded.
The updated guidance provides clarity for Pinellas County residents, signaling a shift in how the law will be enforced once the McDaniels ruling becomes effective.
ORIGINAL REPORT: Pinellas County Sheriff Bob Gualtieri has issued a statement to the public in response to a recent ruling by Florida’s First District Court of Appeal (DCA) that found the state’s open carry ban to be unconstitutional.
The Sheriff’s office is advising residents that the ruling does not immediately change the law in Pinellas County and that the open carry of firearms remains illegal.
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The ruling, issued on September 10, 2025, by the First DCA, concluded that Florida Statute F.S.790.053, which prohibits the open carrying of guns, violates the Second Amendment. However, Sheriff Gualtieri’s statement highlights two key reasons why the decision does not yet apply to citizens in Pinellas County.
First, the Sheriff noted that the court’s decision is not effective for 15 days, meaning the law as it stands is still in effect. “Nobody should now open carry in Pinellas County,” the statement reads, emphasizing the importance of following the current law.
Second, the Sheriff pointed out that the First DCA’s decision does not have direct jurisdiction over Pinellas County, which falls under the Second DCA and the Florida Supreme Court. A previous Florida Supreme Court decision has held that the open carry ban is constitutional. As a matter of legal precedent, a lower court, especially one in another district, cannot overrule a decision by the state’s highest court.
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“We must consider whether the Supreme Court’s prior decision is the law in Pinellas County,” Sheriff Gualtieri stated. His office is collaborating with the Florida Attorney General and the State Attorney to determine the full scope of the First DCA decision and its applicability.
Sheriff Gualtieri reiterated the role of law enforcement to “follow the law and not make the law.” The Pinellas County Sheriff’s Office is committed to understanding the full legal landscape before issuing new guidance.
The Sheriff promised to publish this guidance to the public before September 25, 2025, the date the First DCA’s ruling is set to become effective.
In the meantime, the message from the Sheriff is clear: the open carry of guns in Florida remains unlawful in Pinellas County.
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