09/15/2025
FYI
CLARIFICATION ON OPEN CARRY ENFORCEMENT
Last week, the Florida First District Court of Appeal ruled that the state’s long-standing prohibition on the open carry of fi****ms is unconstitutional under the Second Amendment.
Pursuant to the court’s decision in McDaniels v. State, the St. Lucie County Sheriff’s Office will no longer arrest or charge individuals under F.S. 790.053 solely for openly carrying fi****ms, unless further court rulings change this.
However, it is important to note that private property owners still retain the right to prohibit the open carrying of fi****ms on their premises and may trespass individuals who fail to comply. For instance, grocery stores, shopping centers, and similar establishments may lawfully prohibit the open carry of fi****ms. The only exception to this is government property that is both open to the public and unrestricted. Additionally, facilities such as county jails or correctional institutions may continue to prohibit fi****ms, as there is no constitutional or statutory “right” to possess a firearm in those environments.
What Has Not Changed:
It is important to emphasize that recent developments do not affect existing firearm restrictions under state and federal law. Fi****ms remain strictly prohibited on school grounds pursuant to Florida Statute §790.115. Individuals who are legally barred from possessing fi****ms, including convicted felons and other prohibited persons under §790.23, are still subject to enforcement. Additionally, improper exhibition of a firearm, threats involving a firearm, or any criminal misuse remain illegal under §790.10. All other legal limitations continue to apply, including those related to domestic violence injunctions, Baker Act commitments, and applicable federal firearm restrictions.
Responsible and lawful behavior is expected at all times.
The St. Lucie County Sheriff’s Office will provide updates as additional guidance becomes available.