- December 4, 2025
The following statement from Flagler County Sheriff Rick Staly was posted on the Flagler County Sheriff's Office Facebook page on Thursday, Sept. 11:
Yesterday, Florida’s First District court of Appeal ruled that the state’s law prohibiting the open carrying of weapoins, as outlined in Florida Statutes Section 709.053 is unconstitutional and violates the Second Amendment.
Given the court’s ruling, I have directed that deputies do not enforce this statute, and they cannot make arrests solely based on an individual openly carrying a firearm.
This means that persons who can legally possess a firearm are not restricted from openly carrying in most public places. This excludes, however, any prohibited area outlined in Florida Statutes Section 790.06, including, but not limited to, police or sheriff’s office, courthouses, government meetings, bars, and school property.
This ruling does not prevent private property owners from prohibiting open carry on their premises.
While open carry in now permitted in Florida, lawful and responsible gun ownership is still required at all times.
