Clearwater, FL – A recent ruling by Florida’s First District Court of Appeal (DCA) has sparked confusion about whether residents can openly carry firearms in the state. Pinellas County Sheriff Bob Gualtieri issued a statement this week clarifying that open carry remains prohibited despite the court’s decision.
According to the sheriff’s office, the DCA ruled on September 10, 2025, that Florida Statute 790.053, which bans the open carry of guns, is unconstitutional. However, Sheriff Gualtieri stressed that the ruling does not take effect for 15 days, meaning the prohibition is still enforceable until September 25, 2025.
Officials also noted that the matter is far from settled. Pinellas County falls under the jurisdiction of the Second District Court of Appeal and the Florida Supreme Court, which previously upheld the constitutionality of the ban. State attorneys and the Florida Attorney General are now reviewing how to proceed once the ruling takes effect later this month.
“Our job as law enforcement is to follow the law and respect statutes and court decisions,” Gualtieri stated. “But until September 25, open carry in Florida is still unlawful.”
The sheriff’s office said additional public guidance will be released before the ruling’s effective date. Until then, residents are urged not to openly carry firearms in Pinellas County or elsewhere in Florida.
