On Wednesday, September 10th the Florida District Court of Appeals ruled that the state’s ban on open carry is unconstitutional in the case of McDaniels v. State. Now, Florida Attorney General James Uthmeier has issued guidance to law enforcement and prosecutors to stop enforcing the ban as of yesterday.
I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State.Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s… pic.twitter.com/2W5Hr6EV2V
— Attorney General James Uthmeier (@AGJamesUthmeier) September 15, 2025
The Jacksonville Sheriff’s Office has stated that leadership has instructed officers that they can’t detain or arrest a person solely for open carrying a firearm. The office has also shared what it says the public needs to know:
- Adults who can legally possess a firearm are now not prohibited from open carry of it in most public places.
- Businesses, stores, and private property owners may still prohibit open or concealed carry of firearms on their premises.
- Open carry is allowed in public, unrestricted areas. Restricted areas remain: courthouses; police and sheriff’s offices; certain government buildings; school property, including K–12 campuses, school buses, and school-sponsored events; and colleges and universities.
On Friday, St. Johns County Sheriff Rob Hardwick stated on Facebook the decision will become final once the deadline for filing an appeal expires, within the next 30 days. He also says while deputies have been informed of the court decision, restrictions concerning improper exhibition of a firearm and prohibiting the possession of firearms in certain locations will remain in effect.
While Clay County Sheriff Michelle Cook addressed the initial decision Wednesday, there does not appear to be an official statement on the guidance shared at this time…