Florida has officially become an open carry state after the First District Court of Appeals struck down the state’s open carry prohibition. Escambia County Sheriff Chip Simmons recently discussed the implications of this landmark ruling and what it means for both law enforcement and citizens.
- “The First District Court struck down the open carry prohibition. So now we do not have a law that says you can’t carry openly,” Sheriff Simmons explained during a recent podcast interview.
Not Everywhere
However, Simmons was quick to clarify that this doesn’t mean firearms can be carried anywhere. The ruling doesn’t affect existing concealed carry restrictions, which include 15 specific locations where firearms remain prohibited.
- “What that does not mean is you can carry it anywhere,” Simmons emphasized. “You still can’t carry open, carry a firearm into a police station, a highway patrol station, a detention facility, a courthouse, a polling place while they’re conducting election functions, or a meeting of a governing body.”
The prohibited locations also include schools, career centers, airports, and anywhere federal law restricts firearms. These restrictions apply to both open and concealed carry.
Private Property
Private property rights remain intact under the new ruling. Simmons noted, “It doesn’t mean that you have the right to go into someone’s property.”
Business owners can still choose whether to allow open carry in their establishments, similar to other open carry states like Alabama.
- For law enforcement, the transition has been straightforward. “I immediately told our deputies to not enforce that statute and act as if that statute never existed,” Simmons said, noting that the state government showed no intention of appealing the court’s decision.
Constitutional Carry
While Florida already implemented “constitutional carry,” allowing people over 21 without felony convictions to carry firearms without permits, concealed carry permits still offer benefits. Simmons explained, “If you want to have a permit, you can to be able to purchase a weapon and not have to wait the mandatory waiting period. There’s some reciprocity with other states.”
The sheriff stressed important safety considerations for those choosing to open carry. “Be aware of your surroundings,” he advised. “You no longer have the element of surprise. If you’re carrying a weapon on your hip, everyone can see it.”
- Existing laws regarding firearm misuse remain in effect. Simmons warned, “Brandishing is still a crime, still a misdemeanor. But if you point a weapon at somebody in a threatening manner, it can be aggravated assault; it could be a felony.”
The sheriff also emphasized responsible carry practices: “Don’t wear a gun if you’re not familiar with that gun. Don’t use a holster you’re not familiar with. We don’t need guns dropping and flopping on the ground.”
As Florida joins the majority of states allowing some form of open carry, Sheriff Simmons concluded, “We’re going to learn to adapt to that. It’s the law. It’s the way that the courts have ruled. It’s based upon constitutional interpretation, and I’m sworn to uphold the Constitution.”
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