This past September, a federal appeals court ruled that Florida’s nearly 40-year-old ban on carrying firearms in the open was unconstitutional. Law enforcement officials, however, were quick to caution people that this doesn’t mean people can bring their legally purchased weapons on or into any property. State and local laws, as well as regulations by private entities, still prevail.
All Florida gun owners need to understand the restrictions now that the 1987 ban has been lifted. So do law enforcement officers. Further, even open carry advocates warn gun owners that they need to get training to learn how to safely carry their weapon. One of these advocates, who teaches gun safety, notes that “without the proper training you could easily get distracted and not know what to look for, what situations to be aware of and then that could put you in danger.”
How carrying a legally owned gun can still result in criminal charges
In addition to a person potentially having their gun stolen and used against them or someone else or having it go off accidentally, they might do something that could result in serious criminal charges. For example, it’s illegal to threaten someone with a firearm or even wave it around. “Showing off” a firearm to intimidate someone can result in a criminal charge.
Among the places where open carry is still illegal in Florida are:
- Government properties with unrestricted public access
- County, municipal or public school district meetings
- Courthouses and their parking lots
- Hospitals with mental health services
- School campuses
Privately owned businesses like stores, restaurants and movie theaters have the right to prohibit the carrying of weapons as well.
It’s typically best for people to leave their firearms at home and safely secured unless they genuinely believe they need to carry it for protection. Too many things – some of which we’ve noted here – can go terribly wrong. Anyone facing a weapons-related criminal charge should get legal guidance as soon as possible to protect their rights and minimize the consequences.