Would you like mayo, mustard, and a side of ammo? Florida is now an open carry state

If it hasn’t happened yet, sit tight because it will happen, and you don’t want to be surprised when it does. It might be later today, it might be tomorrow, it might be 6 months from now, but it is definitely happening.

At some point in the near future, a customer is going to walk into your business openly carrying a firearm or you will be at a business and see a fellow customer openly carrying a firearm.

Florida’s First District Court of Appeals, in the case of McDaniels v. State just struck down Florida Statute §790.053, thereby making open-carry the law of the land in Florida. The Court did crack the door for “reasonable regulation,” but so far Florida’s Attorney General has instructed all Florida prosecutors and law enforcement officers alike to “refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others.” We are waiting anxiously for any regulations but in the meantime, purchasing eggs, butter, and yogurt at Publix – which is permitting open carry – means you could be leaning down to grab your favorite CocoJune and at eye level, may be seeing a gleaming pistol. 

Technically speaking, as of this moment there are no automatic exceptions to Florida’s new “guns for everybody all the time” policy, but given the Florida Attorney General’s statement referencing Florida Statute §790.06(12), experts believe the exceptions to Florida’s concealed carry licensure will likely soon be applied to Florida’s open carry policy as well, excluding free range open carry from the following locales:

1. Any place of nuisance as defined in s. 823.05;

2. Any police, sheriff, or highway patrol station;

3. Any detention facility, prison, or jail;

4. Any courthouse;

5. Any courtroom, except that nothing in this section precludes a judge from carrying a concealed weapon or concealed firearm or determining who will carry a concealed weapon or concealed firearm in his or her courtroom;

6. Any polling place;

7. Any meeting of the governing body of a county, public school district, municipality, or special district;

8. Any meeting of the Legislature or a committee thereof;

9. Any school, college, or professional athletic event not related to firearms;

10. Any elementary or secondary school facility or administration building;

11. Any career center;

12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or

15. Any place where the carrying of firearms is prohibited by federal law.

For everyone else, private property owners must specifically and explicitly advise visitors to their property – be they customer, client, guest, or otherwise – that open-carry is not permitted.

So, if you are uncomfortable with the idea of gun-toting strangers wandering around your business – and even less comfortable with the idea of personally asking each and every of them individually to leave the premises on threat of trespass – you’re going to need signage. Fear not, your friendly neighborhood labor and employment attorneys have you covered:

NOTICE:

No firearms or weapons of any kind are allowed on this property. 
Violation of this policy constitutes armed trespass, a third-degree felony under Fla. Stat. 810.08(2)(c), per the Florida Attorney General. 

The reference to the Florida Attorney General is our attempt to shield you from the backlash this may very well provoke. As you might imagine, this change in policy has invited our angriest (and, coincidentally, most well-armed) friends and neighbors to “test the waters,” so to speak. What that means is that, as we speak, hordes of gun-toting Floridians are livestreaming themselves barging into stores truly armed for bear, daring the rank-and-file employees to utter a discouraging word.

When Publix announced it did not intend to allow firearms in its stores, the backlash of threatened boycotts was so severe that Publix quickly changed course, meaning you’ll soon be in line for your amazing Pub Sub (flip phone activated!) and BOGO deals behind someone who felt compelled to bring his emotional support magnum to buy chips and steak.  You do not want to search this issue on Facebook - Trust us, it won’t improve your day. 

Please know the Sensenig Law Firm respects the Second Amendment; we understand and will follow the judiciary’s ruling deeming this new rule constitutional.  However,  each of us has the ability to patronize private businesses that align with our beliefs and make you feel secure during our visit - which for many of us means no visible Smith & Wessons. 

All of this is to say that you do not want to be ambushed by someone wanting to go viral standing up for the Second Amendment and using your workplace as a stage to do so. Conspicuously posting the appropriate signage gives you the means to skip the confrontation and just call the police immediately in the event someone decides to barge in in their “zombie apocalypse” cosplay.

To quote the inimitable Sgt. Phil Esterhaus, “Let's be careful out there.”