Sun. Apr 5th, 2026

Florida Court Rules Open Carry Ban Unconstitutional

By Madison Overmier

A Florida court struck down the state’s open carry ban. On September 10, 2025, they ruled the ban unconstitutional as a violation of the Second Amendment. 

Florida gun owners can legally open carry their weapons in public places beginning September 26. It will still be prohibited at K-12 schools, college campuses, government buildings, and sporting events. 

Florida Attorney General James Uthmeier posted a guidance memorandum on X, stating that law-abiding, adult citizens have the right to openly carry firearms under the Second Amendment. 

“The court concluded that open carry was the default mode of bearing arms during the relevant founding period,” said Uthmeier. 

For Tampa residents, this could mean seeing people openly carry firearms in public places like downtown streets, parks, or malls. 

Safe and Sound Hillsborough is a county violence prevention collaborative that takes a public health approach to reducing violence. They work closely with law enforcement agencies to educate the community and youth about the long-term consequences of gun violence.

Freddy Barton, the executive director of Safe and Sound Hillsborough, said hearing the ruling was shocking. 

“It was one of those things that everyone immediately got nervous about,” said Barton. 

Barton said the organization does not take a stance on firearms and believes people have the right to own them, but they are concerned about young people having access to them. 

“We see having an open carry state might lead to worst-case scenarios in an instance of temporary conflict,” said Barton. 

Barton said it may put some communities on high alert because not everyone understands the full responsibility of being a gun owner. 

“We are still seeing that people are leaving their guns unsecured in their vehicles, having an open carry, where folks now have firearms on their hip, they’re more likely to just take it, put it in the seat in the car, forget about it,” said Barton. “Therefore, leaving a potential window of access for some of these young folks to go in and steal these firearms.”  

Barton said moving forward, the organization will be more proactive in talking to the community about these issues.

“We can’t change policy, but we can address the factors that lead a young person to want to pick up a firearm in the first place,” said Barton. 

According to the Florida Department of Juvenile Justice, Hillsborough County recorded 206 weapon/firearm arrests in the 2023-2024 fiscal year. 

Barton said when asking the youth why they felt the need to have a gun, the answer is always, ‘Everyone else has a gun, so I need one to feel safe.’ 

“The fact that we’re about to have open carry, the individuals we’re serving are going to think even more about that,” said Barton. “Now everyone has a gun, everyone is walking around.”  

Barton said they are encouraging parents to talk to their children about anger management and coping skills. They are also asking gun owners to be responsible and keep their firearms safe and secure. 

“The issue of gun violence is bigger than just one agency, bigger than law enforcement — it’s only when we come together as a community that we will see things actually happen,” said Barton. “And no matter what happens with this new policy change, we have to stay bonded together in order to protect our most valuable asset, and that’s our kids.”

Law enforcement agencies around Florida issued statements about the ruling. The Hillsborough County Sheriff’s Office posted to Facebook on September 12 about what the community can expect. 

“Sheriff Chad Chronister is a strong supporter of the Second Amendment and urges all gun owners to practice responsible gun ownership by educating themselves on the law and the restrictions that remain in place,” the caption said. 

On September 17, the Pinellas County Sheriff’s Office also posted on Facebook, reminding the community that the ban is not yet in effect and what the restrictions of it are. 

The University of Tampa students should not see a difference on campus since that is still restricted, but they should stay informed and aware of the ruling when off campus. 

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Supreme Court building in Tallahassee, Florida. Photo courtesy of Urbantallahassee, CC BY-SA 4.0, via Wikimedia Commons.

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