Lawmakers, sheriffs split as Florida lifts open carry ban after 40 years

Florida’s Open Carry Ban Overturns After 40 Years, Revealing Divide Among Lawmakers and Sheriffs

ST. PETERSBURG, Fla. () Florida is ending its 40-year ban on the open carrying of firearms, marking a major shift in the state’s gun laws.

Starting next week, legal gun owners will be able to carry their weapons openly, though businesses can still prohibit firearms on their property.

An appeals court in Tallahassee has overturned the ban due to conflicts with recent Supreme Court decisions, paving the way for Florida to become the largest state in recent times to permit open carry of firearms.

Guns still prohibited in certain places

Lawmakers, law enforcement officials and families are split over what the change means for public safety.

Sheriffs from Miami-Dade and Polk counties in Florida have directed their deputies to cease arrests for open carry, although officers can still intervene if someone is exhibiting threatening behavior while armed.

Currently, open carry is lawful in 35 states without the need for a permit, whereas states like Maryland and Massachusetts impose restrictions on it. Meanwhile, six states, such as California and New York, completely prohibit open carry.

In Florida, guns will be prohibited in places such as government buildings and meetings, schools, polling sites and college campuses.

The updated law is specific to those who are legally allowed to possess firearms. All current prohibitions under Florida law, like those on gun ownership for individuals with felony records, domestic violence convictions, or those younger than 21, continue to be enforced.

Open carry can protect kids, father of school shooting victim says

Some supporters have argued the change would deter crime and uphold constitutional rights.

Andrew Pollack, whose daughter Meadow tragically died in the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, has expressed his support for open carry, particularly within school environments.

Pollack stated, “This is why I advocate for plain-clothes officers and teachers to carry firearms in schools; it keeps potential offenders unaware of who is armed and capable of defending students, thus countering malicious threats. The unexpected nature of it enhances safety.”

Open carry erodes community trust: Dem chair Nikki Fried

Opponents, however, have warned allowing open carry could damage public trust.

Florida Democratic Party chair Nikki Fried argued open carry would “erode Floridians’ trust in one another” and said she wants police to hold off until the law goes into effect.  

Local sheriffs are split, with some calling it a policing headache and others backing the attorney general.

Polk County Sheriff Grady Judd told affiliate WFLA he has been a strong proponent of carrying a concealed firearm, adding that those who conceal carry are a “safety valve in society.”

“I’m a big Second Amendment guy,” Judd said. “Why am I not a fan of open carry? Because you lose the tactical advantage should you need the firearm.”

A 2022 Johns Hopkins study found loosened concealed carry laws were associated with higher gun assaults, though researchers have said the evidence remains mixed.

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