Concealed Carry And Permits
Florida Agencies Pause Open-Carry Enforcement After Appeals Court Ruling
Multiple sheriff’s offices suspend enforcement of open-carry ban following First DCA decision
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✍️By ZRIntel Editorial Team📍Pensacola, FL
Floridas open-carry landscape shifted dramatically this week as several law enforcement agencies announced they would no longer enforce the states prohibition on openly carrying firearms. The move comes in response to a ruling by the First District Court of Appeal striking down Florida Statute 790.053, the states longstanding open-carry ban, under the constitutional framework set by the U.S. Supreme Courts 2022 Bruen decision. Brevard County Sheriff Wayne Ivey was among the first to respond, instructing deputies to cease enforcement of the statute immediately. Ivey cited the appellate courts opinion and said there was no reason to expect the ruling to be overturned during the 15-day rehearing window. Notably, Brevard County falls outside the First Districts jurisdiction, signaling that the decision is already influencing policy beyond North Florida. Palm Bay police confirmed they are also suspending enforcement at the direction of the State Attorneys Office and Florida Police Chiefs Association. Elsewhere, the Escambia and Santa Rosa County Sheriffs Offices and the Pensacola Police Department quickly followed suit, pausing enforcement pending further legal developments. The Jacksonville Sheriffs Office issued guidance that officers cannot detain or arrest individuals solely for open carry. However, not all agencies have changed course yetPinellas County Sheriffs Office indicated its policy remains unchanged for now, while Leon County signaled that a policy shift is likely soon. The ruling directly challenges the Florida Supreme Courts 2017 Norman v. State decision, which upheld the open-carry ban. Writing for the appellate panel, Judge Stephanie Ray said the state failed to show that an outright prohibition on openly carrying handguns fits within the nations historical tradition of firearm regulation as required by Bruen. This marks a significant shift in how Florida courts interpret the Second Amendment and could pave the way for legislative action to harmonize state law with the federal constitutional standard. Governor Ron DeSantis and Attorney General James Uthmeier have both signaled support for lifting the ban. DeSantis has previously called on the legislature to pass full open carry, and Uthmeier described the courts decision as a big win for the Second Amendment rights of Floridians. Their positions suggest that even if the state seeks rehearing, there is little political appetite to reinstate the ban. For now, Florida residents are left in a patchwork environment where some jurisdictions have stood down enforcement while others have not yet acted. The situation could create confusion for gun owners traveling between counties, raising questions about whether an arrest in a non-compliant jurisdiction might still be possible until the ruling becomes final or the legislature amends the statute statewide.