TALLAHASSEE, Fla. — Florida’s attorney general is telling law enforcement and prosecutors to stop enforcing the state’s decades-old ban on openly carrying firearms, after a court ruling declared the prohibition unconstitutional.
In a letter sent Monday, Attorney General James Uthmeier said the McDaniels v. State decision by the First District Court of Appeal means “no Florida court will any longer be empowered to convict a defendant” under the ban, and that his office will no longer defend such prosecutions.
“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.
Court Decision
The guidance follows a unanimous ruling last week that struck down the 1987 open-carry statute, which made it a misdemeanor to visibly carry a firearm outside of limited exceptions, like hunting and fishing.
The case stemmed from the arrest of Stanley Victor McDaniels, a Pensacola man who carried a holstered handgun and waved a copy of the U.S. Constitution during a July 4, 2022, demonstration.
Writing for the panel, Judge Stephanie Ray said Florida’s law “cannot be reconciled” with the Second Amendment.
Nice about living in South Dakota was the open carry and it didn't have all the restricted places most states have and cops were cool and they were not allowed to "disarm" you for their safety unless they can prove it really was for their safety and people around, you had to act the fool and be unhinged for that to happen, it was safer for the weapon to remain in your holster than handling it. Now they did keep a wary eye on you as I so when I see people carrying anything.
ReplyDeleteFrom what I've seen, people tend to act a little more human when they're surrounded by people who they know are carrying.
DeleteNow follow the logical path. The 2nd Amendment isn't about guns. It's about the ability to have the means to defend oneself from a tyrannical government or other enemies foreign and domestic (like burglars or people who touch your children inappropriately.) So it includes all things arms and armor, and the storage of said arms and armor, and the maintaining of said arms and armor, the carrying of said arms and armor and the manufacture of said arms and armor.
ReplyDeleteArms include switchblades and brass knuckles and saps and, oh, anything used as a weapon.
This ruling is good for Florida but we've still got a little ways to go full Constitutional.
Well, for right now, HOORAY FOR FLORIDA!
ReplyDelete