After appeals court ruling, Indian River Shores police brief council on open-carry changes; businesses can restrict firearms, town cannot

Town of Indian River Shores public-safety officials briefed the Town Council on a recent Florida First District Court of Appeal ruling and its local implications, saying open carry of firearms will be permissible under current law beginning Sept. 25, 2025, and advising businesses and residents on limits and options.

The council's public-safety chief explained the appeals-court decision overturned a 1987 state ban on open carry, and that the Florida attorney general had instructed law-enforcement not to enforce the previous ban pending the effective date. The chief said the ruling preserves previously prohibited locations (schools, courthouses, detention centers, polling places and private businesses that lawfully prohibit weapons) but noted a drafting issue in the ruling's immediate effect: an exception in the opinion could allow long guns in certain government locations until fixed by a subsequent decision or legislation.

Police reported they have been contacting local businesses, including convenience stores and plazas, to advise managers that people may lawfully appear with visible firearms and to explain that business owners may post notices restricting firearms on their premises. The chief said officers will respond to calls and will continue training on the updated legal landscape.

The town attorney told the council that firearm regulation is preempted to the state under Florida Statute 790.33 and that municipalities have no authority to adopt local firearm regulations. Council members were advised not to provide legal advice to private businesses on whether they can post signs; the attorney encouraged businesses to consult their own counsel and coordinate with town staff where appropriate.

Councilors asked about concealed-carry rules and the chief confirmed that so-called "constitutional carry" removes the permit requirement for carrying in public for otherwise eligible persons but that background checks and lawful purchase requirements remain in place at the point of sale. Officers emphasized that threatening behavior by someone carrying a firearm remains a criminal matter.

No council action was required; the briefing was informational. Police said they would keep the council informed and continue public outreach; the town manager and town attorney said they would provide further guidance if the state legislature or courts take additional action.