By David L. Snelling
Miami – Florida might become the modern day “Wild Wild West” after a federal appeals court ruled that state’s ban on open carry for firearms was unconstitutional.
Florida Attorney General James Uthmierer announced on social media and issued a statement to law enforcement agencies that people who are legally allowed to own guns are now free to openly carry them.
The new law takes effect on September 25, 2025, albeit Uthmeier said the state Legislature may have to do “some cleanup” on gun laws now that Florida is an open carry state.
Law enforcement agencies and some gun rights advocates were split on the court striking down the ban.
Some say it could open up the floodgates for gun violence and crime.
Orange County Sheriff John Mina expressed concern about the ruling’s impact on officers and residents.
“It’s just going to make it a little more difficult for our deputies because there will be more guns on the streets, more people carrying concealed firearms, so we have concerns about that for our safety and the safety of our citizens,” Mina said.
Flagler County Sheriff Rick Staly, who is a supporter of open carry, said he has instructed deputies to cease enforcing the open carry ban.
“When you have a district court of appeals that says the law is unconstitutional, and then we’re told that the
Attorney General’s Office of Florida is likely not going to appeal it, then it becomes law, in effect,” said Staly. “So unless the legislature makes changes to make the law constitutional, we’re not going to enforce it.”
Polk County Sheriff Grady Judd offered support of open carry but urged caution and responsibility.
“If you carry a firearm, be proficient, go to the range, know how to use it, know how to safely carry it,” Judd said.
Former Miami Police Chief Jorge Colina says open carry can cause confusion at a crime scene when multiple weapons are visible.
He says this can lead to a justified shooting of an “innocent gun owner by a cop or bystander who feels threatened.”
Colina added that because of a loophole in the law, it may be possible to legally openly carry a long gun into a gun free zone like a school or courthouse.
Some gun owners and citizens expressed a concern for the new open carry law, indicating it could lead to more gun violence, deaths and crime.
According to John Gibbons, a gunman could use the law as an excuse to commit armed robberies or alterations might escalate to gun violence.
In addition, open carry in parks and other permitted public places may scare off people, especially children.
“I understand open carry but some people are irresponsible,” said Gibbons, a licensed gun instructor from Miami. “Irresponsible people with firearms can lead to disaster.”
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