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Tampa, FL - Florida gun owners may be allowed to openly carry firearms soon, but local officials warn the law is not yet in effect and open carry remains illegal until late September.
On September 10th, 2025, the First District Court of Appeal ruled that Florida’s statute banning open carry, F.S. 790.053, is unconstitutional, citing conflicts with Second Amendment rights.
The decision will become effective 15 days later, on September 25, 2025. Until that date, open carry is still prohibited.
Sheriffs across the Tampa Bay area emphasize that restrictions will remain in place once the ruling takes effect.
Firearms will continue to be prohibited in government buildings, schools, polling locations, and private properties where owners ask guns to be removed.
Violating these rules could result in armed trespass charges, a felony under state law.
Polk County Sheriff Grady Judd reminded residents that Second Amendment protections include limitations on where and how guns may be carried.
Pinellas County Sheriff Bob Gualtieri noted that the county falls under the jurisdiction of the Second District Court of Appeal, and Florida Supreme Court precedent previously upheld the open carry ban.
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Law enforcement is consulting with the Florida Attorney General and local State Attorneys to determine how to enforce the ruling locally, with guidance expected before September 25.
State leaders are divided on the issue.
Governor Ron DeSantis and Lt. Governor Jay Collins support codifying open carry rights, while State Representative Michele Rayner highlighted concerns over potential increases in gun violence.
Lawmakers are expected to review open carry legislation during the next session, with committee hearings beginning next month.
Until the ruling is fully implemented, Florida residents are advised that open carry remains unlawful, and law enforcement will continue to enforce existing statutes.