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“We have a right to carry,” Eric Friday, general counsel for Florida Carry, said. “We have a right to bear arms in the state and in this country.”
JACKSONVILLE, Fla. — Florida law enforcement agencies will no longer arrest or prosecute people for openly carrying firearms in most public places, following a state appeals court decision that struck down the state’s longstanding open carry ban as unconstitutional.
Attorney General James Uthmeier on Monday directed officers across the state to stop enforcing the open carry prohibition after the First District Court of Appeal found it conflicted with the Second Amendment right to bear arms.
“This is a restoration of a right that we lost in Florida almost 40 years ago,” said Eric Friday, general counsel for Florida Carry, who helped lead the case challenging the law. “We have a right to carry. We have a right to bear arms in the state and in this country.”
Local agencies, including the Jacksonville Sheriff’s Office and sheriff’s offices in Clay, Baker, St. Johns and Nassau counties, as well as Jacksonville Beach Police, announced they would no longer detain or arrest law-abiding citizens solely for open carry.
“Law enforcement’s on notice today,” Friday said. “Don’t harass gun owners. If you don’t have a reason to stop them, leave them alone.”
The court’s decision applies to all firearms, including handguns, rifles and shotguns. Until now, Friday says individuals hunting or fishing risked arrest if their weapons were visible.
“Even a person who was hunting was breaking the law and could be lawfully arrested, and then it was their job to go into court and say, but I was hunting,” Friday said.
Law enforcement officials and state law make clear that some restrictions remain. Firearms are still prohibited in certain locations, such as schools, courthouses and specific government buildings, as defined in Florida Statute 790.06.
“There’s a statute 790.06, subsection 12A, it lists where guns are prohibited,” Friday added. “Anywhere else, people are welcome to carry in the state of Florida after this ruling.”
Private property owners and businesses still have the authority to bar firearms on their premises. However, Friday emphasized that merely posting a sign is not enough, property owners must ask individuals to leave if they are carrying firearms, or else trespass laws may apply.
“If they want to ask a person with an openly carried or concealed carry firearm to leave, the person should do so,” Friday said. “Failure to do so is armed trespass. It is a felony.”
State officials and gun rights advocates are urging gun owners to act responsibly as the new legal landscape takes effect.
“I would ask all gun owners to remember to behave respectfully, responsibly, and just know that we’re ambassadors for the community and it’s important that we act as such,” Friday said.