Pinellas County Sheriff Bob Gualtieri is reminding those in Pinellas County that open carry of firearms is still illegal despite an appeals court ruling[1] declaring that Florida’s open carry ban is unconstitutional.
In an extended statement posted to social media[2], Gualtieri reminded that the order related to Florida Statute 790.053 does not take effect for 15 days after the ruling, which would be Sept. 25.
“That means the law prohibiting open carry is not yet affected and open carry in Florida is still prohibited,” Gualtieri wrote. “Nobody should now open carry in Pinellas County.”
Gualtieri further noted that the ruling came down from the 1st District Court of Appeals, while Pinellas County falls under the jurisdiction of the 2nd District Court of Appeals and, like the rest of the state, the Florida Supreme Court.
“There is a previous decision by the Florida Supreme Court holding the statute prohibiting open carry of guns is constitutional,” he wrote.
That decision took place in 2017. But in its ruling this week, the 1st District Court of Appeals argued that a 2022 U.S. Supreme Court ruling, the Bruen decision, established new criteria for evaluating restrictions related to the Second Amendment.
But Gualtieri argues the Florida Supreme Court ruling may still apply.
“As a matter of well-established law a lower court, especially one in another district, cannot overrule the law established by the Florida Supreme Court,” Gualtieri wrote, adding that his agency “must consider whether the Supreme Court’s prior decision is the law in Pinellas County.”
Gualtieri said he is working with the Florida Attorney General and the State Attorney “to determine the scope of the First DCA decision and how to proceed” once the ruling takes effect.”
“Our job as law enforcement is to follow the law and not make the law,” Gualtieri wrote. “We will follow the law and respect statutes and court decisions. However, we have to know ‘what’ the law is and where it is applicable before we can decide ‘what’ and ‘how’ we enforce the law.”
Gualtieri said that once his agency has fully considered “the scope and applicability” of the decision, he will publish guidance to the public “on how we enforce or not enforce.”
“But in the meantime please remember, the open carry of guns in Florida is still unlawful,” he said.
Gualtieri, as a member and former leader of the Florida Sheriff’s Association, has long been opposed to open carry. In 2015, when legislation was being considered to legalize open carry in Florida, the Florida Sheriff’s Association opposed the measure. Gualtieri at the time was the group’s spokesperson[3] on the issue.
As recently as 2023, Gualtieri was still opposed to open carry, saying in a legislative committee at the time that he is a “staunch opponent,” according to the Florida Phoenix[4].
The 1st DCA ruled Wednesday that any restrictions on open carry are unconstitutional. Attorney General James Uthmeier has said he will not appeal the decision to the Florida Supreme Court.
Current Florida law states that “it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.” But the ruling nullified[5] that statute. The court ruling listed Florida as an outlier in the U.S., with only three other states — California, Connecticut and Illinois — generally prohibiting open carry.
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References
- ^ appeals court ruling (floridapolitics.com)
- ^ posted to social media (x.com)
- ^ was the group’s spokesperson (flsheriffs.org)
- ^ according to the Florida Phoenix (floridaphoenix.com)
- ^ nullified (www.leg.state.fl.us)