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Lawmakers, sheriffs split as Florida lifts open carry ban after 40 years

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ST. PETERSBURG, Fla. (NewsNation) — Florida is ending its 40-year ban on the open carrying of firearms, marking a major shift in the state’s gun laws.

Starting next week, legal gun owners will be able to carry their weapons openly, though businesses can still prohibit firearms on their property.

The change follows a Tallahassee appeals court ruling that struck down the ban, citing conflicts with recent Supreme Court rulings. Florida will become the largest state in decades to allow open carry.


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Guns still prohibited in certain places

Lawmakers, law enforcement officials and families are split over what the change means for public safety.

Sheriffs from Florida’s Miami-Dade and Polk counties have told deputies to stop making open carry arrests, though authorities can still act if an individual is carrying a firearm in a threatening manner.

Open carry is now allowed in 35 states without a permit, while states like Maryland and Massachusetts allow it with restrictions. Six states, including California and New York, ban open carry outright.

In Florida, guns will be prohibited in places such as government buildings and meetings, schools, polling sites and college campuses.

The new law only applies to individuals who are legally permitted to own a gun. All existing restrictions in Florida law, such as bans on gun ownership for felons, those convicted of domestic violence, or people under 21, remain in place.

Open carry can protect kids, father of school shooting victim says

Some supporters have argued the change would deter crime and uphold constitutional rights.

Andrew Pollack, whose daughter Meadow was killed in the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, told NewsNation he supports open carry, especially in schools.


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“This is why I think it’s good to have plain-clothes officers and teachers in school that carry because no one knows who is carrying and who’s able to defend the kids and shoot back if you’re a real evil person,” he said. “It gives that element of surprise, and it’s better for protection.”

Open carry erodes community trust: Dem chair Nikki Fried

Opponents, however, have warned allowing open carry could damage public trust.

Florida Democratic Party chair Nikki Fried argued open carry would “erode Floridians’ trust in one another” and said she wants police to hold off until the law goes into effect.  

Local sheriffs are split, with some calling it a policing headache and others backing the attorney general.

Polk County Sheriff Grady Judd told NewsNation affiliate WFLA he has been a strong proponent of carrying a concealed firearm, adding that those who conceal carry are a “safety valve in society.”

“I’m a big Second Amendment guy,” Judd said. “Why am I not a fan of open carry? Because you lose the tactical advantage should you need the firearm.”

A 2022 Johns Hopkins study found loosened concealed carry laws were associated with higher gun assaults, though researchers have said the evidence remains mixed.