What Florida Businesses Need to Know About Open Carry
Many Floridians saw the news that the open carrying of firearms had been greenlit by the First District Court of Appeal, a Tallahassee-based court with jurisdiction over 29 of Florida 67 counties. The immediate question for people in other parts of the state was whether their local law enforcement agencies would continue to enforce the ban after the McDaniels v. State decision.
“Private Property owners (grocery stores, retail stores, restaurants, etc.) have a right to prohibit people from the open or conceal carry of firearms on their property. Prior written notice is not required, and the business may verbally ask a parson carrying a gun to leave.”
Now those questions have been resolved. Florida’s Attorney General is out with guidance (reproduced below) confirming that open carry is allowed statewide.
So what do operators need to know? The final two paragraphs of the document are key. Private property owners retain the right to demand that individuals carrying firearms leave the property, with the carrier facing possible third degree felony charges (armed trespassing) if they do not comply. Importantly, individuals are still prohibited from carrying in a rude, careless, angry, or threatening manner. Separately, restaurant and bar owners should know that open or concealed carry is still prohibited at bars or in the bar area of restaurants.
Florida is now its open carry era. A wise business owner would review the guidance and make sure that their policy is known by their staff.
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