AG Says Florida's ban on open carrying of firearms is no longer enforceable - #2A
First District Court of Appeal struck down Janet Reno’s 1987 open-carry statute on Sept. 10
First District Court of Appeal struck down Janet Reno’s 1987 open-carry statute on Sept. 10
Florida's attorney general is telling law enforcement and prosecutors to stop enforcing the state's decades-old ban on openly carrying firearms, after a court ruling declared the prohibition unconstitutional.
In a letter sent Monday, Attorney General James Uthmeier said the McDaniels v. State decision by the First District Court of Appeal means "no Florida court will any longer be empowered to convict a defendant" under the ban, and that his office will no longer defend such prosecutions.
"Prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others," Uthmeier wrote.
The guidance follows a unanimous ruling last week that struck down the 1987 open-carry statute, which made it a misdemeanor to visibly carry a firearm outside of limited exceptions like hunting and fishing.
The case stemmed from the arrest of Stanley Victor McDaniels, a Pensacola man who carried a holstered handgun and waved a copy of the U.S. Constitution during a July 4, 2022, demonstration.
Writing for the panel…
Welcome back to the club 😂‼️✝️🇺🇸