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TAMPA, Fla. (WFLA) — Florida could be getting closer to allowing the open carry of firearms. A state appeals court found Florida’s ban on open carry to be unconstitutional, based on a court case in the Panhandle.
This opinion from the appeals court could be the start of a major shift to Florida’s gun laws. State Representative Michele Rayner said it could make the state more dangerous.
“Unfortunately, we are known for the Pulse massacre and the massacre that happened at Marjory Stoneman Douglas. For us to even think about this happening and potentially there even being a bill that may be filed is actually incredibly frightening and disheartening,” Rayner said. “I think really a slap in the face of the victims here in Florida that have been victimized by gun violence.”
The court found the U.S. Constitution protects the right to carry arms openly for self-defense. It also said the open carry ban can’t be reconciled with that guarantee.
“This idea that unless you have open carry, you’re not able to defend yourself is actually false,” Rayner said.
In a post on X, Governor Ron DeSantis said, “This decision aligns state policy with my long-held position and with the vast majority of states throughout the union. Ultimately, the court correctly ruled that the test of the Second Amendment – ‘to keep and bear arms’ – says what it means and means what is says.”
The governor spoke briefly about open carry Monday, while announcing a 2nd Amendment sales tax holiday.
“38 states have open carry. It’s not something that’s controversial. The sky hasn’t fallen in any of those. You know, why not pass that out of the Florida House of Representatives? And I’ve said for years that that’d be something that I would sign,” DeSantis said.
“He’s wrong. At the end of the day, you know, the sky may not have fallen, but we’ve saw an uptick of gun violence in these 38 states. And I think it comes back to just because you can do something does not mean you should do it,” Rayner said.
The court also said, “History confirms the right to bear arms in public necessarily includes the right to do so openly. That is not to say that open carry is absolute or immune from reasonable regulation. But what the state may not do is extinguish the right altogether for ordinary law-abiding adult citizens.”
Rayner said legislative session starts in January and they enter committee weeks in October. She said it’s possible someone will file a bill to allow open carry very soon.