TAMPA, Fla. (WFLA) — Gun owners in Florida may soon be able to freely open carry and while the state is now one step closer, Tampa Bay sheriffs highlight key constraints citizens need to look out for before the change goes into effect.
A Florida appeals court declared a state law banning the open carrying of firearms unconstitutional, saying the law conflicts with the 2nd amendment right to bear arms. And while Florida officials continue to celebrate this move as a win, local sheriffs say that as of now, the open carry of guns is still unlawful.
“We love our Second Amendment, but it does come with some restrictions of when and where and how,” said Polk County Sheriff, Grady Judd, in a Facebook post.

Some of these restrictions include prohibiting carrying in government buildings like courthouses, schools, polling places and some private businesses and residences.
“If you go to a private business or to someone’s residence and you’re asked not to carry the firearm, you have to leave with it. If you stay there, then you’re committing armed trespass, which is a felony,” said Sheriff Judd.

Along with Sheriff Judd speaking out on the matter Friday, the Pinellas County Sheriff’s Office also shared a statement making sure residents know the decision is not yet in effect until September 25th.

“Florida’s First District Court of Appeal (DCA) held this week that F.S.790.053 prohibiting the open carry of guns is unconstitutional. There are two very important things that people in Pinellas County need to know about the court’s decision.

First, under law, the decision is not effective for 15 days after it was issued and it was issued on September 10, 2025. That means the law prohibiting open carry is not yet affected and open carry in Florida is still prohibited. Nobody should now open carry in Pinellas County.  Second, this was a decision by the First DCA and Pinellas County is under the jurisdiction of the Second DCA, and the Florida Supreme Court.

There is a previous decision by the Florida Supreme Court holding the statute prohibiting open carry of guns is constitutional. As a matter of well-established law a lower court, especially one in another district, cannot overrule the law established by the Florida Supreme Court. We must consider whether the Supreme Court’s prior decision is the law in Pinellas County.

We are working with the Florida Attorney General, the State Attorney, and others to determine the scope of the First DCA decision and how to proceed come September 25, 2025, the effective date of the First DCA’s decision.

Our job as law enforcement is to follow the law and not make the law. We will follow the law and respect statutes and court decisions. However, we have to know “what” the law is and where it is applicable before we can decide “what” and “how” we enforce the law.

Once we have had an opportunity to fully consider the scope and applicability of the First DCA’s decision, we will publish guidance to the public on how we enforce or not enforce F.S.790.053 in Pinellas County. We will do so before September 25, 2025, but in the meantime please remember, the open carry of guns in Florida is still unlawful.” – Sheriff Bob Gualtieri.

Sheriffs from Hillsborough and Highlands counties shared similar messages.

STATEHOUSE:

Gov. Ron DeSantis and his team continue to demand Florida lawmakers to take up this issue next session.
“I stand with the Governor on this, our 2A rights have to be codified. We’re going to continue to fight for those, and we should be an open carry state,” said Lt. Governor Jay Collins.
But state Democrats fear the outcome that this could bring to our streets.
“We have seen an uptick of gun violence here in this state. Whether it is, you know, mass shootings or just interpersonal gun violence. So, at one point, are we going to actually take a hard look at ourselves and say, you know what, we’ve got to stop the madness,” said State Rep. Michele Rayner, (D-St. Petersburg).

Committee weeks start next month, which means lawmakers are already starting to file bills and its highly likely we will see legislation in regard to open carry next session.