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FLORIDA - Florida Attorney General James Uthmeier is telling law enforcement agencies and prosecuting authorities to stop enforcing the state's decades-old ban on openly carrying firearms, after a court ruling declared the prohibition unconstitutional last week.
‘Open carry is the law of the state'
What we know:
Uthmeier sent a letter to Florida law enforcement agencies and prosecuting authorities on Monday, providing guidance and instructing the officials to stop enforcing the open-carry ban, effectively making open carry legal under the state's current interpretation of the Second Amendment.
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The AG cited the McDaniels v. State decision by the First District Court of Appeal in his letter, saying "no Florida court will any longer be empowered to convict a defendant" under the ban. Uthmeier also said his office will no longer defend such prosecutions.
Florida's open carry ban overturned
The backstory:
Last week, a Florida appeals court struck down the state’s long-standing ban on openly carrying firearms, ruling that the Second Amendment protects the right of law-abiding citizens to carry guns in public.
The case, McDaniels v. State, involved a Pensacola man convicted in 2022 for openly carrying a firearm on the Fourth of July. The three-judge panel concluded the prohibition violated the Second Amendment, citing U.S. Supreme Court precedent on the nation’s historical approach to firearm regulation.
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The ruling does not extend to certain prohibited places, including courthouses, schools, polling sites and government facilities. Private businesses and property owners also retain the right to ban firearms on their premises.
The Source: This story was written based on information shared by Florida Attorney General James Uthmeier in a letter to Florida's law enforcement agencies and prosecuting authorities.