Florida Attorney General James Uthmeier announced the state's new open carry law this week. The attorney general's decision follows a Florida appeals court ruling last week that undid the state's ban on open carry, calling it "unconstitutional."
In a memo sent to law enforcement agencies and prosecutors, Uthmeier specifically indicated the 1st District Court of Appeal’s ruling in McDaniels v. State as the precursor to his 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," Uthmeier said. "Meaning that as of last week, open carry is the law of the state."
The three-judge panel, led by Stephanie Ray, found Florida Statute 790.053 to be unconstitutional, admitting that that "law-abiding, adult citizens" have a right to carry guns openly in public in line with the Second Amendment.
Uthmeier said he would no longer enforce convictions or prosecutions of 790.053, informing in the memo that, "prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others."
Stanley Victor McDaniels was arrested for violating the ban before later appealing his conviction.
Uthmeier noted the court's ruling still does not impede law enforcement from continuing to enforce those who "exhibit [firearms] in a rude, careless, angry, or threatening manner" in public. He also notably emphasized that felons remain prohibited from owning firearms.
In addition, Uthmeier mentioned that the ruling does not affect existing Florida law banning firearms in certain locations or private property owners' right to keep firearms away from their homes or premises.
“Any person carrying a firearm who violates the private property owner’s warning to depart will be committing armed trespass, a third-degree felony,” Uthmeier said.
