Florida Open Carry Ban Shot Down

[Nemo]

by the State Court of Appeals.  I would not test it until the State Supremes take or deny it, but carry of any type, concealed or open will soon be lawful (I strongly suspect) in Florida.  Unless prohibited by the theme park, business, or private property prohibitions.

As most here know, FL is on the no permit required for concealed carry list of 29 such states.  But open carry was prohibited, and this case shoots down that law.  Will it be taken up by the FL State Sup Ct is the only remaining question.

Nemo

https://apnews.com/article/florida-gun-rights-open-carry-lawsuit-desantis-cae7227c54da7814e56907e6d227b45e


Court opinion, rather easy reading.  Give it a shot, its only 20 pages, and easily understood.

https://acis-api.flcourts.gov/courts/b82b30d5-bd3c-46d7-9451-1cb05e470873/cms/case/fce5fa95-6317-480b-8fa1-02370ca039ec/docketentrydocuments/4654f610-5fc8-4aa7-9d9c-195584d239f0

[grizz]

Up here in Alaska no permit required for open or concealed

[Nemo]

by the State Court of Appeals.  I would not test it until the State Supremes take or deny it, but carry of any type, concealed or open will soon be lawful (I strongly suspect) in Florida.  Unless prohibited by the theme park, business, or private property prohibitions.

No citation but I have some assessments and overviews that the Attorney General in FL has no plans to appeal this decision.  Wait on better info, but I expect to be doing mostly OC next summer, assuming my planned visit there comes together.

Nemo

[Jackalope]

From a tactical standpoint, why would you open carry?  The only time I open carry is when I?m on my own property, working outdoors.

[Nemo]

CONFIRMED, no appeal planned by FL AG.  See Below.  On the remote chance (I don't know how it could happen) some gun control group could get standing to appeal it to the FL SupCt and get them to suspend, hear and overturn that decision, it is now the law in FL.




As to the OC idea, I generally OC and regularly.  If I am in a shady area where I think need is increased I cover it or may increase its visibility.  If I am in an area where there is a no gun sign, I cover.  The nice thing if VA is if it is a signed area, you must be asked to leave, refuse, have the cops come and ask you to leave and refuse to be charged.  I suggest leaving at first request though.

I open carry primarily to let others see it and potentially get used to the idea.  Hopefully some may think-- Ooohh that guy has a gun!  But wait, he is not doing anything wrong.  Maybe people with guns at the mall are not so dangerous.

My edc is not in a more noticeable holster or something to increase eye draw.  It's a comparatively smaller 3.5" barrel 1911, generally in a pancake holster, brown or black to blend more in with my clothing colors.  I don't do black holster with tan pants and such.

I have had some people comment including I should not have a gun or at least hide it.  When I ask why, they have indicated they believe I might shoot someone.  I let them know that shooting someone is my last plan that I hope I never have to do and suggest they think about it. When asked why I have it then, I advise just in case I need it and there is no other option.

I advise then to think about it and talk about the idea they watch some news reports of convenience store robberies. 

Near always the crook rushes in with weapon in hand in a commanding and violent manner, shoving his gun into the clerk's face and being criminal.  I then suggest if they see someone with a gun in the mall, Wal mart, or county park watch them for 10-30 seconds.  If they do not do anything inappropriate they might be just normal law-abiding good people who might live down the street from them

That routinely gets them thinking, and I have actually seen a light or 2 on in faces.

OC is a good thing.  Just be as thinking about it and circumstances and replies if questioned as going deep cover.

Nemo


https://x.com/AGJamesUthmeier/status/1965816318810054966

Post
Conversation
Attorney General James Uthmeier
@AGJamesUthmeier
Florida?s 1st District Court of Appeals just ruled that Florida?s open carry ban is no longer constitutionally enforceable statewide. Our office fully supports the Court?s decision.

This is a big win for the Second Amendment rights of Floridians.

As we?ve all witnessed over the last few days, our God-given right to self-defense is indispensable.

[Nemo]

But be careful in FL.  The matter is not truly settled law yet.

Nemo


https://iontb.com/pinellas-sheriff-bob-gualtieris-response-to-floridas-first-dca-ruling-on-open-carry-ban/

[Jackalope]

Thanks, Nemo, for the detailed explanation.  My wife and I both usually carry concealed, when I can get her to carry. In light of recent events, she?s gotten better at carrying.

I occasionally see folks open carry here, but most carry concealed.  The way society is deteriorating, I guess I?ll be open carrying a MP-5K on our property; I do have holsters for it.

[Nemo]

Note post 5 above.  The other decision from the Fl SupCt that Sheriff discusses was before Bruen and Rahimi.  Those cases have substantially changed the interpretation and methods thereof for the 2A.

FL Supct needs to be given a chance to accept and hear the case or reject.  I expect they would hear and decide the case, based on the varying beliefs across the state and the 3 SCOTUS cases related to it, along with the legislature changing the carry laws.

Nemo

[Sir John Honeybucket]

Here in rural Virginia it is rare, but not unheard of to see open carry in my county.  Sure, I'd rather sling a carbine  , but the small 9mm under a shirt tail in my voluminous  waste band is more reasonable for likely distances that I, as Joe citizen, am likely to be able to justify a self defence shooting. In court, "Well your honor, I saw the ( soon to be deceased ) criminal robbing the clerk through my scope at 350 meters, so I dumped him." sounds like a poor court defence, as opposed to, a shooting at arms' length. 

Being fat, my fat rolls make concealed carry a bit uncomfortable, but not nearly as uncomfortable s NEEDING the pistol but not having it. 

The shame of it is, that my concealed handgun permit does NOT allow me to carry a sword cane.  Maybe I can claim that is is a grounding rod for my ham radios.



- Sir John Honeybucket

[Nemo]

The shame of it is, that my concealed handgun permit does NOT allow me to carry a sword cane. 

I prefer a Gladius.  It makes a good club, sword, hand axe, cutting knife and dinner steak knife.

But it also gets strange stares if you carry one.

Nemo

[JohnyMac]

I have attended a lot of training - handgun and long gun. Remember, your handgun's use is to fight your way to your long gun. I know many who now carry a handgun on their person and have in their vehicle a long gun. ✌

[Jackalope]

And there are people who carry a handgun on their person and they have a machine gun or a PDW in their vehicle.

I?m one of those folks who likes to occasionally carry either a Heizer Defense .223 pistol or a Rossi Brawler .410 pistol, both of which are for defensive purposes against snakes, both the reptile and two legged varieties.

[Nemo]

Regarding the questions about application and status of that Florida State Appellate decision the FL State Attorney General has put out an opinion/direction/legal interpretation letter.

Those things are generally considered just under a court decision regarding legal interpretation.  But it is not the final say in the matter.

Right now, open carry in Florida should not be unlawful or prosecuted.  But be sure to read the letter carefully.

And I would still cover, were I in Florida, until this shakes out.

Click link and read the letter.  Yes that is an instruction, not a suggestion.

Nemo

If you don't want to click and read, read below, I took the trouble to save you from it 

https://x.com/AGJamesUthmeier/status/1967601917686636843

Attorney General James Uthmeier
@AGJamesUthmeier
I?m issuing guidance to Florida?s prosecutors and law enforcement in light of the 1st DCA?s decision in McDaniels v. State.

Because no other appellate court has considered the constitutionality of Florida?s open carry ban since the SCOTUS decision in Bruen, the 1st DCA?s decision is binding on all Florida?s trial courts.

Meaning that as of last week, open carry is the law of the state.