Now that Attorney General James Uthmeier says that the open carrying of firearms is Florida law, a coalition of Second Amendment groups are warning lawmakers not to weaken it in any implementing legislation they may present when the Legislature convenes next year.

A three-judge panel of the Florida First District Court of Appeal (DCA) ruled last week that the state’s 1987 law banning open carry in Florida is unconstitutional. In the immediate aftermath, various law enforcement agencies throughout the state announced that they would no longer enforce the law, while others said that they were still studying the ruling and would not change existing policy — in some cases because the decision made by the First DCA only applied to 32 counties under its jurisdiction, mostly in North Florida.

Uthmeier clarified on Monday that the legal decision applies to every part of the state.

“Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts,” he said on X. “Meaning that as of last week, open carry is the law of the state.”

No ‘new restrictions’, Second Amendment groups say

Second Amendment groups that have been advocating for the Legislature to repeal the ban on open carry are cheering last week’s ruling. But they’re also warning state legislators not to add any new regulations in legislation they offer next year putting open carry into statute.

“Florida Carry (FLC), Gun Owners of America (GOA), National Rifle Association (NRA), and Florida Gun Rights (FLGR) all have spent countless dollars and man hours in this fight, that they have now won,” said Luis Valdes, Florida state director of Gun Owners of America in a statement.

“These organizations stand united in solidarity that any new restrictions on this right or to limit the impact of this VICTORY, will be vigorously and strongly opposed by a unified front of Florida gun owners and the members of these four organizations.”

“Member of Florida Gun Rights stand united and strong against any potential infringements on the recent ruling which declared Florida’s ban on open carry as unconstitutional,” said Logan Edge with Florida Gun Rights in a statement texted to the Phoenix.

“The legislature remains a hostile opponent against gun rights and open carry, but after many years of pushback, gun owners gained a massive victory in the courts,” he added. “We will make sure every Tallahassee legislator hears from gun rights activists and oppose any effort to snatch defeat from the jaws of victory.”

Potential legislation with holster retention levels

What some gun rights group don’t want the Legislature to do in any implementing bill is to include what are known as holster retention levels for individuals carrying firearms on their person — they want no restrictions at all. There are four levels of restraint or retention, according to concealedcarry-ed.

• Level 1 – holsters keep the gun in the holster through friction only.
• Level 2 – holsters use friction plus an additional restraint. This restraint could be a thumb strap, a flip-up strap, an automatic lock, or some other device.
• Level 3 – holsters use friction plus two additional restraints.
• Level 4 – holsters use friction plus three additional restraints.

“Gun owners of America is extremely proud of this court victory finally securing our Second Amendment rights and we want to make sure that Florida does not go through the same issues that happened in New York after their win with the Bruen decision,” Valdes said in a written statement sent to the Phoenix. “After Bruen, the NY Legislature passed gun control to weaken that ruling, and we want to make sure that the same does not happen here in Florida.”

Following the U.S. Supreme Court’s decision in NYSRPA v. Bruen in 2022, the Democratic-controlled New York Legislature approved and Democratic Gov. Kathy Hochul signed legislation strengthening that state’s gun laws and adding restrictions on concealed carry weapons.

With Florida Gov. Ron DeSantis an advocate of open carry, he isn’t likely to sign off on any legislation that would weaken the state’s new policy.

Uthmeier emphasized on Monday that while the DCA’s decision repealing the ban is now state law, that the decision did not affect another part of Florida law that bans the open carrying of a handgun or concealed weapon in a number of public places.

Those places include any law enforcement agency; courtroom; prison; jail; polling place; government meeting; school, college, or professional athletic event; elementary or secondary school facility; airport; or establishment that dispenses alcoholic beverages for consumption on the premises.

The same holds true for private property owners, who maintain the right to prohibit individuals carrying guns from their premises, Uthmeier said.

In a statement issued later on Monday, Florida Democratic Party Chair Nikki Fried said that while she has a “long history” of advocating for Second Amendment rights, she believes the First DCA “erred” in last week’s opinion.

“Nationwide, we are seeing harrowing levels of gun violence, marked by assassinations, school shootings, and people being killed in places of worship,” she said.

“This is a moment in history when we need to promote safer environments, not embolden those who could abuse the ruling’s intent to sow seeds of terror.  We strongly encourage law enforcement to wait for a final legal judgment before allowing open carry, as it may cause confusion that leads to danger at a time when calm and clarity are so desperately needed.”

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