What case did the First District Court of Appeal rule on regarding the open carry of firearms?
McDaniels v. State (1D2023-0533)
This case struck down Florida’s general ban on the open carrying of firearms.
The Court applied the decision from which United States Supreme Court case in its ruling?
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022)
This decision held that the Second Amendment protects the right to openly carry firearms in public.
What was found unconstitutional in the ruling of McDaniels v. State?
The blanket prohibition on open carry
It was deemed unconstitutional due to a lack of historical tradition to support it.
What is the minimum age for an adult to openly carry a firearm in Florida after the ruling?
18 years old
An adult must be at least 21 years old to carry a concealed handgun under s. 790.01, F.S.
Can private property owners prohibit firearms on their premises?
Yes
Property owners and private businesses may set rules prohibiting firearms and may trespass individuals who carry firearms without permission.
What may happen to a person who refuses to leave private property after being asked due to carrying a firearm?
They may be subject to removal and arrest for armed trespassing
Armed trespassing is classified as a felony.
Troopers should treat cases of trespassing related to firearms as a violation of which chapter of Florida Statutes?
Chapter 810
This chapter pertains to trespassing rather than firearms law violations.
True or false: Adults may openly carry firearms in public areas and buildings.
TRUE
Public areas include rest areas, service plazas, sidewalks, and other such places.
Can an adult openly carry a firearm within their vehicle or while riding a motorcycle?
Yes
It is no longer illegal to open carry in a vehicle.
What does the McDaniels ruling affect regarding firearms?
The enforcement of Section 790.053
Other statutory restrictions on general possession of firearms remain fully in effect.
Under what circumstances can someone be arrested for improper exhibition of a firearm?
Exhibiting a firearm in a rude or careless manner
This can escalate to aggravated assault when facts warrant such a charge.
Which individuals are prohibited from possessing firearms according to Florida law?
- Felons
- Persons subject to protective orders
These prohibitions remain fully enforced despite the McDaniels ruling.
What does Section 790.115, F.S. relate to?
Possession of firearms on school property and at school-sponsored events
This is one of the statutory restrictions still in effect.
True or false: The McDaniels ruling allows firearms to be carried at meetings of state and local government officials.
FALSE
Meetings are off-limits to all civilian firearms carry under s. 790.06(12), F.S.
What should troopers do when called to a meeting of state and local government officials regarding firearms?
Work in coordination with government officials and local law enforcement
This is to determine appropriate steps regarding firearms at such meetings.
What might a trooper consider if a person exhibits poor muzzle discipline with a firearm?
Charge of improper exhibition under s. 790.10, F.S.
This is based on the trooper’s training and experience.
What charge may be considered if a person causing concern does not leave when asked?
Armed trespass under s. 810.08(2)(c), F.S.
This is another potential action for troopers based on the situation.
What is expected from Florida’s lawmakers following the McDaniels ruling?
Discussion of legislation to conform state law to the Court’s ruling
Troopers will be notified of any future changes that may occur.
