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ALACHUA COUNTY – The Alachua County Sheriff’s Office (ASO) announced this week that deputies will no longer arrest individuals for openly carrying firearms if that is the only alleged violation, aligning with a recent state appellate court decision declaring Florida’s open carry ban unconstitutional.

The clarification came after initial confusion surrounding how the ruling would be enforced locally. Sheriff Chad Scott emphasized that deputies will follow the law while also urging citizens to respect the judicial process as appeals and procedural deadlines run their course.

Court Decision Shifts Enforcement

On Sept. 10, 2025, the First District Court of Appeal ruled in the McDaniels case that Florida’s statutory ban on open carry was unconstitutional. While the decision technically remains under a procedural hold until the deadline for rehearing passes, State Attorney Brian Kramer of the 8th Judicial Circuit issued a memo to law enforcement agencies stating that the ruling is effective immediately.

Kramer’s office noted that the Attorney General is unlikely to appeal, and therefore the decision should stand. According to the memo, the ruling means that open carry alone cannot be used as the basis for reasonable suspicion of a crime, a search, or an arrest.

Florida Attorney General James Uthmeier on Monday said the ruling is already in effect, although his office noted there is a 15-day period for appeals that the state does not plan to pursue. Uthmeier confirmed that the decision applies statewide and became effective as soon as it was issued last week.

Sheriff’s Office Updates Position

Earlier in the week, the Sheriff’s Office had issued a statement indicating that deputies would continue to enforce the state’s open carry law until the court opinion became final. The agency has since revised its position to align with Kramer’s directive, confirming that no one will be arrested solely for openly carrying a firearm.

To avoid confusion, the Sheriff’s Office reissued its statement with an added clarification. It said that while the ruling will likely remain in place, deputies will not make arrests for open carry alone. At the same time, the statement urged citizens to continue following the law as written until the judicial process is fully complete.

Guidance for Gun Owners

The open carry ruling does not eliminate all restrictions on firearm possession. Adults who are legally allowed to own firearms may now carry them openly in most public spaces, but businesses, stores and private property owners retain the right to prohibit both open and concealed carry on their premises. Restricted areas remain the same as those that apply to concealed carry, including schools, government buildings, and certain public gatherings.

Other law enforcement agencies across Florida have posted similar guidelines in the wake of the ruling. They emphasize that while the appellate court has struck down the ban, gun owners must remain mindful of private property rights and other state and federal restrictions on possession.

Original Sheriff’s Office Statement

In its original press release issued immediately after the court opinion, the Sheriff’s Office highlighted the complexity of Florida’s firearms laws, which combine multiple statutes governing where and how firearms may be carried. The agency said deputies would continue enforcing existing laws until the legal process surrounding the ruling was complete.

That statement also noted that the office was reviewing the court’s opinion with its legal advisors and would promptly update policies to remain in compliance. It encouraged gun owners to practice safe and responsible firearm ownership, particularly with respect to concealed carry, storage, and transportation.

Next Steps

Although the appellate court’s decision has immediate effect, the final resolution depends on whether a rehearing is sought before the deadline expires. Sheriff Scott said his office will continue to monitor developments and make adjustments if further legal challenges occur.

For now, the ruling has effectively changed enforcement practices in Alachua County and across the 8th Judicial Circuit. The Sheriff’s Office has joined others statewide in acknowledging that, unless other crimes are involved, open carry by itself will not lead to arrests.

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Email cwalker@

alachuatoday.com

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