DeSantis Promises Open Carry Gun Legislation

TALLAHASSEE – At a recent press conference, Governor Ron DeSantis promised Floridians that the state legislature would soon pass legislation making Florida a "constitutional carry" state, which would allow citizens owners to openly carry unconcealed firearms without any sort of permitting process.

"The legislature will get it done,“ said DeSantis, who is up for reelection in November. "I can’t tell you if it’s going to be next week or six months, but I can tell you that before I am done as governor, we will have a signature on that.“

A bill allowing constitutional carry was filed in the 2022 legislative session, but it died in committee.

Currently, a permit or license is not required to purchase a gun in Florida, and guns are not required to be registered. You must be 21 or older, unless you are in law enforcement or corrections, or are in the military. A license is required, however, to carry a concealed weapon.

Restrictions on gun ownership exist for people convicted of a felony, dishonorably discharged from the military, those who have been adjudicated as mentally unfit or involuntarily committed to treatment, and those convicted of a domestic violence misdemeanor, among other conditions identified by the state.

There is no state limit on the number of firearms a person can own or purchase in a single transaction. Background checks are required, and there is a three-day waiting period, which individual counties and cities may extend up to five days, though this can effectively be avoided via person-to-person sales (aka, the gun show loophole).

Open (unconcealed) carry, however, is illegal in Florida, a second-degree misdemeanor that carries a $500 fine, and/or a maximum of 60 days in jail. Exceptions are made for law enforcement, corrections officers, game wardens, forest officials, military, etc, plus there’s a sort of loophole for anyone "engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition," according to Florida Statute 790.25.

Gun advocates and the NRA have long advocated for open carry. However, the movement has largely morphed into one that favors "constitutional carry,“ which asserts that the second amendment provides for the right to carry openly without having to pay additional fees or secure a permit to do so, both of which are typically required in "open carry“ states.