Florida’s New Open Carry Ruling

Florida Attorney General James Uthmeier announced this week that open carry of firearms is now considered the “law of the state.” This came after an appeals court struck down the state’s nearly 40-year-old ban, prompting the Attorney General’s office to issue new guidance to law enforcement that arrests and prosecutions under the old statute should stop.

For supporters, the change reflects a broader interpretation of constitutional rights. But for communities, law enforcement, and policymakers, the decision introduces a number of practical considerations. Let’s take a look at some of them.

Public Perception and Sensitive Places

When firearms are visible in public, reactions can vary widely. Some may see open carry as a straightforward exercise of rights, while others may feel uneasy or unsafe around weapons in daily spaces like parks, shops, or sidewalks. Restrictions still apply in locations such as schools, polling places, courthouses, and certain private properties. Walt Disney World is also exempted.

In this era of heightened political tensions, a majority of U.S. adults (54 percent) support prohibiting open carry at demonstrations and rallies, and more than two-thirds of U.S. adults (69 percent) support policies that prohibit the carry of guns into government buildings. However, the survey also found significant differences in support for open carry among gun owners and non-gun owners. This divergence in perception can create uncertainty in how people respond to each other in ordinary interactions. How these boundaries are communicated and enforced will be important to ensure that citizens and law enforcement have a shared understanding of the rules.

Enforcement Challenges

Law enforcement agencies are not all aligned on how to apply the ruling. Some departments have said they will follow the Attorney General’s guidance immediately, while others are more cautious. For example, Pinellas County Sheriff Bob Gualtieri, who has long been against open carry, said he will abide by the guidance, but adds, “This does not mean that the open carry of guns is totally unrestricted and that people can openly carry anywhere and everywhere.” He also warned that guns cannot be held in a “rude or careless” manner. An uneven response between counties can raise questions about consistency: What is permitted in one county may be handled differently in another.

Open carry laws also affect groups differently. For example, communities with higher levels of police presence may see more interactions between officers and armed citizens. Advocates and researchers note that outcomes in such situations can depend heavily on training, communication, and trust between the public and law enforcement.

The Policymaking Process

The path by which this change occurred—through court rulings and state guidance rather than new legislation—also raises broader questions about how firearm policy is set. Typically, legislatures debate and vote on new laws, which allows for public input and compromise. In this case, the shift has come through judicial interpretation and executive direction, leaving some details unsettled. Even AG Uthmeier admitted there may have to be “some cleanup” on gun laws, but representatives in the Florida Legislature have not yet confirmed whether they plan on revisiting firearms regulations during the session that begins in January.

The Bottom Line

At 97Percent, we believe in balancing constitutional rights with community safety. The open carry ruling in Florida is a reminder of how quickly laws can shift, and how important it is to have clear, consistent, and practical guardrails in place.

Moving forward, we encourage:

• Clear communication to the public about where open carry is permitted and where it is not.

• Consistency across jurisdictions to avoid confusion.

• Ongoing data collection to assess impacts on safety and public perception.

• Continued dialogue among policymakers, law enforcement, and communities.

This moment underscores that gun policy is not just about rights or restrictions—it is about clarity, trust, and responsibility.