Several Central Florida law enforcement agencies are stopping the enforcement of the state’s open carry ban after an appellate court ruled the measure unconstitutional.
“This is a huge win for the state of Florida,” said Brevard County Sheriff Wayne Ivey in a video posted on his office’s Facebook page. “This incredible ruling by the court not only upholds the constitution but gives every Florida citizen the ability to protect themselves and those around them.
Ivey joins other counties in Central Florida including Orange, Osceola, and Volusia in directing agency officers to no longer make arrests under Section 790.053 of Florida Statues, which prohibits the open carrying of firearms unless going to or returning from hunting.
“It’s important to remember open carry is not absolute,” said Volusia Sheriff Mike Chitwood. “This ruling does not prevent owners of private property or businesses from prohibiting open carry on their property. That could include businesses like grocery stores and other private establishments.”
The ruling does not change restrictions placed on areas like courthouses, police stations, sheriff’s offices, polling places or government meetings.
In the ruling issued Wednesday, a three-judge panel of the 1st District Court of Appeal, pointing to U.S. Supreme Court rulings on Second Amendment issues, said the open-carry ban is incompatible with the nation’s “historical tradition of firearm regulation.”
While the law hasn’t changed yet, the state has 15 days to challenge the ruling.
Governor Ron DeSantis and State Attorney James Uthmeier have supported the decision, signalling it’s unlikely the state will appeal.
