This browser does not support the Video element.
Open carry deadline is Thursday
The state of Florida has until midnight to appeal a district court’s decision to strike down a ban to open carry a gun. FOX 13’s Matthew McClellan reports.
TAMPA - Thursday, Sept. 25, is the final day for the state to appeal a Sept. 10 court ruling that struck down Florida’s open carry ban.
The backstory:
On September 10, Florida’s First District Court of Appeal ruled the state’s open carry ban was unconstitutional.
The court said the ban violated the Second Amendment under recent U.S. Supreme Court decisions, concluding that "open carry was the default mode of bearing arms" during the founding era.
Defense attorney Anthony Rickman called the ruling "a monumental decision for people who are gun rights advocates." He noted that Florida had been one of only a few states with such a ban.
"Most states allow people to carry their gun openly," Rickman explained. "Now Florida is really joining the majority of the states in this country that allow people to carry their firearm."
In a September 15 memo to law enforcement and prosecutors, Attorney General James Uthmeier endorsed the decision.
RELATED: Florida's attorney general says open carry is ‘law of the state’
He wrote that the ruling in McDaniels v. State "correctly applied Second Amendment law" and is now binding on Florida’s trial courts.
"Prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others," Uthmeier wrote.
His office also will not defend past or future prosecutions under the struck-down law.
The attorney general emphasized that limits remain and people who carry firearms "in a rude, careless, angry, or threatening manner" can still be charged, and restrictions on schools, courthouses, and private property are unaffected.
What open carry means for Florida gun owners
Why you should care:
If no appeal is filed Thursday, Floridians legally permitted to own firearms can carry them openly.
Hillsborough County State Attorney Suzy Lopez stressed that the change doesn’t apply to everyone.
RELATED: Hillsborough State Attorney's Office drops pending charges for openly displaying a firearm
"Kids with guns — never legal," Lopez stated. "Convicted felons with guns, people who are subjects of domestic violence injunctions are never allowed to have a gun."
Lopez said her office already dismissed open carry charges, but pointed out they were rare — just 14 out of about 43,000 prosecutions this year.
"It’s just not a particularly common charge that we have seen here in the state of Florida," she said.
She warned that open carry still comes with limits.
"You can’t do it in a rude and reckless manner. People have to be responsible … just because open carry is the law of the state of Florida does not mean that people can open carry anywhere."
Law enforcement concerns about Florida's open carry
What they're saying:
Sheriff Al Nienhuis of Hernando County urged caution.
"I think everybody in the state is really trying to get a handle on what this is actually going to mean," he said.
Nienhaus encouraged residents to seek training before carrying openly.
"If you’re open carry, it is a lot easier to have your gun taken away and weapons retention is a critical thing," he said. "Obviously, if it’s concealed, it gives you an advantage."
Rickman said the decision could reshape self-defense law.
"It affects how stand your ground cases are being handled," Rickman explained. "It’s going to affect how self-defense cases are looked at."
He also explained that the ruling wiped out "a whole category of crimes," since open carry had been a misdemeanor.
PREVIOUS: Florida appeals court allows open carry, counties split on how to enforce for now
"Up until this law was now overturned … law enforcement officers could arrest you, detain you, and charge you criminally for open carry," he said.
Lopez acknowledged the change is polarizing.
"I know that this change is alarming to a lot of people." she shared. "I know some people are happy about it. Some people are concerned about it. This office’s mission remains the same, and that is to keep our community safe."
What's next:
If no appeal is filed by midnight, Florida’s open carry ban will officially be overturned, and the state joins the majority where open carry is legal.
Other restrictions still apply, and as Lopez, Nienhuis, and Uthmeier all emphasized, the law doesn’t protect reckless or threatening behavior with firearms.
The Source: This story was written by FOX 13’s Matthew McClellan who reviewed a Sept. 15 memo from Attorney General James Uthmeier to Florida law enforcement and prosecutors and interviews with Tampa defense attorney Anthony Rickman, Sheriff Al Nienhuis, Hernando and Hillsborough County State Attorney Suzy Lopez.