JACKSONVILLE, Fla. — Local sheriffs are discontinuing enforcement of a state ban on the open carry of firearms following a Florida appeals court decision Wednesday.
The three-judge panel ruled that the ban violates the Second Amendment right to bear arms.
“No historical tradition supports Florida’s Open Carry Ban. To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly,” Judge Stephanie Ray wrote in an opinion, joined by Judges Lori Rowe and M. Kemmerly Thomas.
“That is not to say that open carry is absolute or immune from reasonable regulation,” the opinion continued. “But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”
The Jacksonville Sheriff’s Office and the Jacksonville Beach Police Department released nearly identical statements on Thursday, announcing enforcement changes.
“Wednesday afternoon, JSO leadership instructed officers that they cannot detain or arrest solely based on openly carrying a firearm,” wrote JSO.
Clay County Sheriff Michelle Cook, Bradford County Sheriff Gordon Smith, and the Baker County Sheriff’s Office issued similar statements about discontinuing enforcement on Wednesday. They also highlighted places where it may not apply, such as privately-owned property and businesses.
Statement from Sheriff Michelle Cook
“While this opinion is not yet final there is no reason to expect that this court will reverse this decision. Out of abundance of caution and until this issue is finally resolved I have instructed my deputies not to enforce the statute.
“It is important to note that private property owners can still prohibit the open carrying of firearms onto their property and trespass anyone who carries openly. The only place open carry cannot be prohibited is where the government property is open to the public AND unrestricted.
“The right to open carry is not absolute. For example, grocery stores, shopping centers, etc. could prohibit the open carrying of a firearm.
“I ask that all members of our community use sound discernment and respect in regard to carrying a firearm.”
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The Columbia County Sheriff’s Office addressed the ruling, but stopped short of declaring non-enforcement. “As more information becomes available, we will provide further updates to educate our community on the subject,” wrote the agency.
Governor Ron DeSantis has repeatedly pushed for open carry in Florida. He celebrated the ruling on social media Wednesday.
“This decision aligns state policy with my long-held position and with the vast majority of states throughout the union,” wrote Governor DeSantis. “Ultimately, the court correctly ruled that the text of the Second Amendment — “to keep and bear arms” — says what it means and means what it says.”
DeSantis previously signed a law ending a requirement that gun owners have a permit to carry concealed firearms in public.
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