Open carry officially legal in Florida; some restrictions still apply

TAMPA, Fla. – Florida’s ban on open carry is now gone; however, the law still comes with restrictions.

Guns are still off-limits in places like schools, courthouses, polling places, and government buildings.

Reckless display or brandishing of a gun is still a crime, and federal firearm laws still apply.

“So here’s what happens. If you go to a private business or to someone’s residence and you’re asked not to carry the firearm, you have to leave with it. If you stay there, then you’re committing armed trespass, which is a felony,” said Polk County Sheriff Grady Judd.

With this law, those legally allowed to possess a firearm can carry a gun in plain sight or partially concealed in a holster.

“When you say that the sky is gonna fall if you have open carry, well, I can look at 40+ other states that have it and I haven’t seen the sky fall,” said Gov. Ron DeSantis (R- Florida) Thursday.

A state appeals court overturned Florida’s 2023 open carry ban, calling it unconstitutional. While some state officials like Gov. DeSantis praise the ruling, others stress gun safety remains critical.

“With open carry, you lose the surprise element; everybody knows you have the firearm. If you carry a firearm, be proficient, go to the range, know how to use it, know how to safely carry it,” Sheriff Judd said.

Al Delatorre, who owns Guns Galore in Lakeland, said he agreed with Sheriff Judd about the element of surprise.

It’s why he said he opposes open carry as well.

“I don’t think that a lot of people today understand with freedom, you have responsibilities. That might be a cause of some problems,” he said.

Former Tampa Police Chief Brian Dugan said he worries about people carrying openly while not having the proper training.

He said it can be “extremely dangerous.”

“One of the things that police officers are taught on day one at the police academy is about weapon retention. You don’t want somebody to take your gun from you. That’s what people need to think about,” said the former police chief.

Local law enforcement and state officials worked to determine if there were any exemptions ahead of lifting the ban.

With the reversal now on open carry in Florida, the Hillsborough County State Attorney’s Office said 14 cases involving charges of illegally carrying guns have been dismissed.

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