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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 state-court decisions affecting local practice include all DCA rulings unless overridden by the Florida Supreme Court or federal courts with controlling precedent.
The attorney also reported that the Florida Attorney General circulated guidance to law enforcement stating he will not challenge the First DCA decision in the Florida Supreme Court and that the AG believes the ruling is statewide in effect. The AG’s guidance, the attorney said, also emphasized that law enforcement may continue to act where firearm behavior is threatening, reckless, or otherwise unlawful, and that private property owners (including schools and private businesses) retain the right to prohibit firearms on their premises.
Council members asked follow-up questions about whether concealed-carry permits remain required (the attorney said Florida repealed permit requirements for concealed carry some years ago) and whether firearms may be kept in locked vehicles on government property (the attorney said vehicles may lawfully contain firearms when stored per existing rules and that council chambers and other restricted areas remain subject to prohibitions). The attorney offered to provide written follow-up on specific locations (for example, schools or private property) upon request.
No council action was proposed or taken; the presentation was informational.
