A recent ruling by the First District Court of Appeal in Florida has upended the state’s firearm laws, leading to widespread confusion among lawmakers and law enforcement. The court determined that a 1987 statute prohibiting the open carry of firearms violated the Second Amendment of the U.S. Constitution. This decision has prompted various responses, with some officials supporting the ruling and others expressing alarm over its implications for public safety.
James Uthmeier, former chief of staff to Florida Gov. Ron DeSantis, admitted that the court’s ruling left behind a few contradictions. Despite the clarity that this decision provides, numerous questions remain. He announced that “open carry is the law of the state,” and explained that in a time where doubt was increasing, clarity was needed.
Dan Daley, a Democratic state representative whose district borders Parkland—the site of a tragic 2018 mass shooting—described the situation as “a hot mess.” He lashed out at the ruling for sowing confusion. This kind of chaos would force Florida’s Republican-dominated legislature to rush in and save the day by passing new legislation to fix this problem.
The ruling came on the heels of a Supreme Court decision over a Florida man’s purported possession. In 2022, he was arrested for brandishing an open-carry pistol and a copy of the U.S. Constitution at a Pensacola crosswalk. This incident has raised fears by police recently about the dangers of public forums devolving into violence.
Sheriff Bob Gualtieri of Pinellas County chaired the commission that examined the shooting in Parkland. While he will follow the ruling, he did not mince words in calling for more limitations on guns. He announced this settlement, and together with it, the public justice settlement still boasted two dozen bars were enforcing their own unconstitutionally.
“We respect everyone’s second amendment rights, but ask that everyone please follow the law regarding the possession and carrying of guns in Pinellas County.” – Bob Gualtieri
Polk County Sheriff Grady Judd, a passionate DeSantis backer during the Republican primary, urged state lawmakers to move fast. He challenged them to set the legal parameters for open carry. He warned that open carry increases the potential for violent encounters and confusion in the field for law enforcement.
“Open carry escalates tensions, has repeatedly been used by extremists as an intimidation tactic, and introduces ambiguity into moments of crisis that make it harder for law enforcement to do their jobs.” – Nick Suplina, Senior Vice-President of Law and Policy at Everytown for Gun Safety
As calls for legislative action grow louder, GOP leaders such as Senate President Ben Albritton and House Speaker Daniel Perez refuse to make a noise. Yet they have released no plans on how to address the grim new legal reality. This silence has created a vacuum of uncertainty for law enforcement officials and citizens alike as to what happens next.
Uthmeier’s cheerleading of the ruling was met with widespread backlash from gun control advocates, who described Florida as the “wild west.” Nick Suplina condemned Uthmeier’s position, arguing that “rather than prioritizing the safety of Floridians, attorney general Uthmeier handed extremists a win by pushing for more guns in more places.”
News of the court’s ruling was equally welcomed by Sean Caranna, a gun rights advocate. He acknowledged that we will enter into a “transitional period” where current statutes will not match the decision. He urged residents to be careful and follow state law that prohibits guns in certain public spaces.
“We’re advising that sometimes discretion is the better part of valor and people should abide by the current set of places that are prohibited … when it comes to all forms of carry.” – Sean Caranna
Sheriff Judd was not convinced that open carry laws would make much real difference. He leaned toward the idea that tacit social norms would discourage people from carrying guns in public places.
“I’m generally a skeptic on the impact of laws and public policies on human behavior … People stare at you as if you might be the next potential mass shooter.” – Grady Judd
Florida’s legislative landscape will be interesting as legislators still struggle to fully understand and respond to this unilateral, radical change in Florida gun policy. With Republicans holding a solid majority in the state legislature and historically opposing restrictions on firearms, any efforts to amend laws may encounter resistance.
“This is the dog catching up with the car, and now they don’t know what to do with it.” – Dan Daley