Can You Openly Carry a Gun in Florida?

While the new Florida gun law, which went into effect on July 1, 2023, has garnered significant attention for its impact on concealed carry regulations, it’s crucial to note that it does not address the state’s existing ban on openly carrying firearms. Despite the media coverage and public discourse surrounding the new legislation, the question of whether Floridians can legally carry firearms openly in public remains unanswered. It is important for gun owners and the general public to understand that the new legislation does not alter Florida’s current prohibition on openly carrying firearms, which means that individuals are still not permitted to visibly carry guns in public spaces.

Florida’s Open Carry Ban: What You Need to Know

Under Florida Statute § 790.053, it is generally illegal for a person to openly carry a firearm or electric weapon on or about their person. A few exceptions exist to this rule, such as when you’re engaged in lawful self-defense. If you’re caught violating this statute, you could face second-degree misdemeanor charges, which carry a potential sentence of up to 60 days in jail and a $500 fine.

The Supreme Court’s Take on Public Gun Carry

In a recent landmark decision, New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the Supreme Court weighed in on the right to carry a gun publicly. The Court ruled that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home. According to the Court, states cannot require people to demonstrate a special need for self-protection to carry a gun in public.

The Court also stated that when the Second Amendment’s plain text covers a person’s conduct, the Constitution presumptively protects that conduct. If the government wants to regulate such conduct, it must show that its regulation is consistent with the country’s historical tradition of firearm regulation.

Is Florida’s Open Carry Ban Constitutional?

Given the principles in the Bruen decision, Florida’s open carry ban might be on shaky constitutional ground. Here’s why:

The Second Amendment’s plain text covers the conduct prohibited by the statute – openly carrying a firearm outside the home for self-defense. Florida’s statute broadly prohibits open carry for most people, allowing it only in a few specific situations. No clear historical tradition supports such a wide-ranging ban. Under the standards set forth in Bruen, Florida’s open carry ban might infringe upon the Second Amendment rights of law-abiding citizens who simply want to protect themselves in public. For the ban to be upheld under Bruen, the State must provide historical evidence demonstrating that its open-carry ban aligns with the nation’s historical tradition of firearm regulation. However, the Bruen decision indicates that broad bans on public carry, like Florida’s, may not have the necessary historical backing.

What This Means for Florida Gun Owners

The Bruen decision could provide a strong constitutional defense if you’ve been charged with openly carrying a firearm in Florida. However, it’s crucial to understand that the law hasn’t officially been changed or overturned. Until the Florida legislature modifies the statute or a court definitively determines its constitutionality, openly carrying a firearm could still lead to criminal charges.

Protect Your Second Amendment Rights with The Edelstein Firm

At The Edelstein Firm, our dedicated criminal defense attorneys stay up-to-date on the latest developments in firearms law to provide you with the most robust defense possible. If you’re facing weapons charges in Miami or the surrounding areas, contact us today. We’ll fight tirelessly to uphold your Second Amendment rights and work towards the best possible outcome in your case.

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