Open Carry Found To Be Constitutional In Florida

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. 

Sheriff Wayne Ivey calls for open carry, touts Florida’s 2nd Amendment protections.
TAMPA, Fla. – Brevard County Sheriff Wayne Ivey said he would “love to see” Florida be an open carry state.

“I just want our citizens to have the absolute rights they’re guaranteed by the Constitution and I think we’ll eventually get there,” Ivey said on Florida’s Voice with Brendon Leslie.*
Last legislative session, lawmakers passed permitless carry, which allows people to conceal a firearm without needing a permit from the government.
Sen. Jay Collins, R-Tampa, and Rep. Robert Charles Brannan, R-Macclenny, carried the legislation.
“I think we have great legislators that have that same ideal, and we have a governor that supports that as well,” Ivey said.
Ivey noted 45 other states have some form of open carry. According to WiseVoter, 38 states allow open carry while seven require a permit. Five states prohibit open carry, including Florida, New York, New Jersey, Illinois, and California.
Ivey said the U.S. Constitution is “the foundation and the fabric of our great nation.”
“It says you have the right to bear arms. It doesn’t say you have to conceal it. It doesn’t say you have to have a permit, anything of that nature,” Ivey said. “You don’t have to have a permit to exercise your First Amendment right, so why would you need one to exercise your Second Amendment right?”
Ivey said a lot of people fear that “it will be the wild wild west,” but he believes that wouldn’t be the case.
“When you look at these other states, they’re not the wild wild west. Tennessee has a huge tourist attraction,” he said. “They’re a big tourist state. It’s not the wild wild west there – why would it be in the state of Florida?”
Leslie asked Ivey about the crime statistics in Brevard County, where the rate has declined 52% under Ivey’s oversight.
Ivey attributed the success to “the partnership we created with our citizens.”
The sheriff said from day one, the sheriff’s office wanted to get “vital crime prevention information” to citizens “before they became a victim and not after.”
“So from day one, we started developing and creating that partnership really strongly subscribed to a few philosophical statements,” Ivey said. “One is: it takes a community to protect community. If you see something, say something.”
He said everything is driven off a concept that “crime will rise to the level of community will tolerate.”
“We have zero tolerance for crime in Brevard County,” he said. “We’re down 52%, we are optimistic and hopeful that’s going to continue to decline.”
*You can view the interview at the link.

https://flvoicenews.com/sheriff-wayne-ivey-calls-for-open-carry-touts-floridas-2nd-amendment-protections/

 Open Carry