You may have heard that the Florida Court of Appeals overturned a conviction in an open carry case indicating that the open carry restriction in Florida law was contrary to the Second Amendment. Let’s explore this…
Open Carry refers to the practice of carrying a firearm UNconcealed. In Florida this refers to the gun itself, and not a holster or its imprint through a garment.
Florida has a Concealed Weapons and Firearm License and also allows permitless carry for those who are be eligible to receive a CWFL but do not have one. Some have previously referred to permitless carry as Constitutional Carry, which it is not, for reasons such as the statutory prohibition against open carry (except in a few limited circumstances). Another one that keeps us out of the Constitutional Carry is that in Florida we are required to identify ourselves to police if asked, if we are carrying a gun and do not have a CWFL, even if we are not suspected of a crime.
So now the Court has struck it down. Technically it is not immediately in effect as there is a 30 day period for the State of Florida to file arguments and appeal, and Court of Appeals rulings officially go into effect after 15 days, which is Sept. 26. Gov. DeSantis and the Attorney General’s Office have indicated that they do not intend to appeal, so it is highly likely that open carry is the new law of the State. In any event it is unlikely that police agencies will make arrests for open carry, and some have indicated that they definitely will not make arrest for open carry. Lee Williams, The Gun Writer, reports:
“In a letter sent Monday morning, Florida Attorney General James Uthmeier warned all state prosecutors and every Florida law enforcement agency about McDaniels v. State, in which the First District Court of Appeal struck down Florida’s ban on the open carry of arms.
‘Because no other appellate court has considered the constitutionality of Section 790.053 under Bruen and Rahimi, the First District’s decision is binding on all Florida’s trial courts. Effectively, the McDaniels decision is now the law of the State,” Uthmeier wrote. “Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), 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.’ “
So, will blood be running in the streets, as the Leftist Loons claim? Of course not… 45 states are ALREADY open carry. Until now we were in a small and embarrassing club that includes Illinois, New York, California and D.C. — jurisdictions known for their hate of freedom and firearms.
But really, is it going to be the Wild West (another goofy threat from the Beta Male Left)? No. It will still be illegal to threaten somebody with your firearm, even though it is in plain view. Be sure not to handle it or grab it while in an unpleasant exchange with somebody, or you could be arrested. As has been magnificently proven by researchers such as John R. Lott, Jr. and others, gun owners are a very law-abiding demographic and more guns reduces crime. Only three other states and D.C. prohibit Open Carry.
Realize, of course, that nothing has changed about what areas you are restricted by law from possessing guns in.
And although “No Guns” signs on businesses have no force of law in Florida, you can be charged with trespass if you refuse to leave such a private establishment. Don’t let it get that far — leave!
A word should be said about holsters. When carrying concealed, Level 1 holsters (without any retention devices) can be adequate for most people. With open carry, a retention holster is a must as anyone within arms reach can snatch your gun right out of the holster without such a device. That usually results in you being shot. Retention holsters are hard to find for some models of common carry guns.
Also, with an open gun sooner or later you will run into a commie idiot who will call the cops on you, as freedom is so foreign to them. If they have a believable lie about you, you can be arrested for threatening them.
A final word — open carry should be legal but rarely done. The element of surprise is the one thing that most thugs have on you during an attack. You have a chance to turn it around with a concealed gun. Not everything that is legal is prudent.
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Our SELF-DEFENSE HANDGUN FUNDAMENTALS and WOMEN’S SELF-DEFENSE HANDGUN FUNDAMENTALS classes cover Florida law in detail.
