After Court Ruling, Florida Police Stop Enforcing Open Carry of Firearms
By Rick McCann
Blue RAM Media/Gulf Coast News
September 13, 2025
FLORIDA A Florida ban on carrying firearms was ruled to be unconstitutional on September 10, 2025.
The state appeals court ruling makes it lawful for most people to openly carry a firearm, and law enforcement can no longer enforce the open carrying of firearms, though the ban technically remains in the statutes.
The appeals court ruled Wednesday against Florida’s open carry gun ban, saying it is unconstitutional and violates the second amendment.
Gun holders in the state now have a choice to either conceal their weapons or openly carry.
Some law enforcement agencies in Northern Florida, including the Escambia County Sheriff’s Office, Okaloosa County Sheriff’s Office, Santa Rosa County Sheriff’s Office, and Pensacola Police, have now stated on Thursday that they will no longer enforce Florida’s open carry gun ban following Wednesday’s court ruling.
This change comes after a man was arrested for carrying a visible gun in Pensacola in 2022.
Escambia County Sheriff Chip Simmons released this statement Thursday morning:
Recently, the First District Court of Appeals declared Florida Statute 790.053 (Open Carry Ban) unconstitutional. While it is possible that the State of Florida could appeal this ruling, it seems unlikely. As such, I am instructing my deputies to no longer enforce the open carry ban found in FSS 790.053.
The Okaloosa Sheriff’s Office sent the following statement later in the evening:
We are following the advice of our legal counsel and legal counsel for the FSA and not making further arrests for open carry at this time unless the arrest involves a violation of a separate statute with or without the involvement of the firearm. We are committed to upholding the Constitution of the United States and the laws of Florida with excellence and integrity. We strive to reduce crime while providing fair and equal treatment for all. We are honored to serve and protect.
Even though the ban is now reversed, it is still illegal to openly carry in sensitive areas like government buildings and schools.
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