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City attorney: First DCA decision effectively permits open carry in Florida; AG issues guidance
Summary
The city attorney updated council on a recent First DCA decision that, absent further appellate reversal, authorizes open carry statewide; the Florida Attorney General issued guidance not to appeal and clarified enforcement boundaries.
The West Melbourne City Council received an informational update on Sept. 16 about recent case law affecting firearm carriage in Florida.
The city attorney summarized a decision by the First District Court of Appeal (First DCA) that the attorney described as recognizing a constitutional right to openly carry firearms in public in Florida. The attorney explained that municipal firearm regulation is preempted by state law and that the binding…
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