TAMPA, Fla. (WFLA) — Florida gun owners may be free to open their carry right away. The state is now one step closer, but Tampa Bay Sheriffs highlight important restrictions that citizens need to be aware of before changes come into effect.
The Florida Court of Appeals declared a state law that makes the release of firearms unconstitutional, stating that the law contradicts the second amendment right to possess arms. And while Florida officials continue to celebrate the move as a victory, local sheriffs say open carry of guns is still illegal for now.
“We love the Second Amendment, but when, where and how are we restricted it,” said Polk County Sheriff Grady Judd in a Facebook post.
Some of these restrictions are banning government buildings such as courts, schools, polling stations, and some private businesses and housing.
“If you go to a private business or someone’s residence and are asked not to carry a firearm, you have to leave it behind. If you stay there, you are committing an armed trespass, this is a felony,” Sheriff Judd said.
Along with speaking out about the matter Friday, Sheriff Judd also shared a statement confirming that residents know that the decision is not yet in effect until September 25th.
“The first District Court of Appeals (DCA) in Florida this week ruled that FS790.053’s ban on the release of guns is unconstitutional. There are two very important things that Pinellas County needs to know about the court’s decision.
First, under the Act, the decision was not effective for 15 days after publication and was issued on September 10, 2025. This means that open carry is not yet affected, and open carry in Florida is prohibited. No one opens a carry in Pinellas County. Second, this was the first DCA decision, with Pinellas County under the jurisdiction of the 2nd DCA and the Florida Supreme Court.
There is a previous decision by the Florida Supreme Court. As a matter of established law, particularly the lower courts of another district cannot override the law established by the Florida Supreme Court. It is necessary to consider whether the Supreme Court’s prior decision is Pinellas County law.
We are working with the Florida Attorney General, State Attorney and others to determine the scope of the initial DCA decision and how September 25, 2025, how the first DCA decision will come into effect.
Our job as law enforcement is to follow the law, not to enact the law. We will follow the law and respect the law and court decisions. However, before you decide what “what” the law is and how, before you enforce the law, you need to know where it applies.
If we have the opportunity to fully consider the scope and applicability of the initial DCA decision, we will publish guidance to the public on how FS790.053 is not enforced or implemented in Pinellas County. You will do so by September 25, 2025, but in the meantime, remember that public Florida guns are still illegal. ” – Sheriff Bob Guartieri.
Hillsboro and Highland County sheriffs shared a similar message.
State Capitol:
Gov. Ron DeSantis and his team continue to ask Florida legislators to take the issue into the next session.
“I’m standing with the governor on this. The 2A rights must be codified. We will continue to fight for them.
But state Democrats fear the consequences this will have for our city.
“We’ve seen an increase in gun violence here in this state. Whether it’s mass shooting or simply interpersonal gun violence, do you know at some point we actually have to look at ourselves harshly and stop the insanity?”
Committee week will begin next month. This means lawmakers are already beginning to file bills and are likely to see an open carry law for the next session.
