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These Central Florida sheriffs will stop enforcing open carry gun ban amid appeals court ruling

Enforcement decisions right now on a jurisdiction basis

An attendee at a gun-rights rally open carries a gun next to a bumper sticker that reads "I'm a Gun Owner & I Vote," Friday, Jan. 18, 2019, at the Capitol in Olympia, Wash. (AP Photo/Ted S. Warren) (Ted S. Warren, Copyright 2019 The Associated Press. All rights reserved.)

ORLANDO, Fla. – Most of Central Florida’s sheriff’s offices say they will no longer enforce Florida’s ban on openly carrying guns after a state appeals court ruled the ban was unconstitutional.

However, not every sheriff or police chief has decided to follow suit, which means, for now, enforcement depends on where you are.

The ruling does not become official for 15 days and could yet be challenged in the Florida Supreme Court. However, both Gov. Ron DeSantis and Florida Attorney General James Uthmeier support ending the ban on open carry.

[WATCH: Appeals court throws out Florida’s open carry ban]

As a result, more county sheriffs have decided they will not arrest people simply for carrying a gun openly in most public places.

Brevard County Sheriff Wayne Ivey made the announcement on Wednesday, via a social media video.

Ivey said the chiefs of police in Brevard County’s municipalities will also no longer enforce the statute.

Ivey said that did not mean that citizens could ignore businesses and private property owners who do not want guns on their premises.

“If you’re someone that is now openly carrying a firearm and going to a local grocery store or some type of shop, and the manager or store owner states that open carry is not welcome on their premises, you must respect that directive, or you can be legally trespassed from the property,” Ivey said in the video.

Thursday into Friday, News 6 received similar statements from Flagler County Sheriff Rick Staly, Marion County Sheriff Billy Woods, Volusia County Sheriff Mike Chitwood, Osceola County Sheriff Chris Blackmon, Polk County Sheriff Grady Judd and the Seminole County Sheriff’s Office.

Staly said in his statement that this also means you still cannot openly carry weapons in prohibited areas outlined in Florida law, “Including, but not limited to, police or sheriff’s offices, courthouses, government meetings, bars, and school property.”

In his statement, Woods also urged people to take a firearms safety class and understand the responsibility of being a gun owner.

“As a lifelong supporter of the 2nd Amendment, I believe our forefathers put that in place for good reason. They had seen the oppressive overreach of their government and the helplessness they felt being unarmed against criminals,” Woods said.

Sheriff Chitwood said that although the change is not yet final, it’s also not expected that the court will reverse its opinion.

“With that, I have instructed my deputies to no longer enforce or make any arrest under Section 790.053, Florida Statutes,” Chitwood said in a statement on social media.

Sheriff Blackmon said in a statement Friday morning that his deputies would adjust enforcement practices accordingly to the rule change, adding the ruling “does not change existing laws that restrict firearms in sensitive locations such as schools, government buildings, and courthouses.

Polk County Sheriff Grady Judd said in a video statement Friday that it’ll soon be OK to open carry a firearm in a public place in Florida. Judd went on to share cautionary advice and clarifications as to what the law actually says, similar to the other sheriffs’ extended statements on the matter.

The Seminole County Sheriff’s Office shared a statement on social media to announce it will not pursue criminal charges against individuals who openly carry firearms in light of the recent ruling. The statement included clarification that private property owners maintain the right to prohibit open carry on their premises.

Not every sheriff agrees with the ruling.

On Wednesday, News 6 received this statement from Orange County Sheriff John Mina:

“As a law enforcement officer who has been serving this community for nearly 35 years, I vehemently oppose open carry for the State of Florida. I’m not alone. Most law enforcement leaders – even in states that allow it - oppose open carry laws. In places like Florida – which have been devastated by mass shootings - just the presence of a heavily armed person in a public place is enough to create a sense of panic.”

However, in Orange County, the Belle Isle Police Department said it would also not enforce the ban any longer.

We have reached out to other sheriff’s offices and police departments in Central Florida and are waiting for their responses

The decision on enforcement appears to be from jurisdiction to jurisdiction.

Our sister station WJXT in Jacksonville says the Jacksonville Sheriff’s Office, and the sheriff’s offices in Clay and Bradford counties, will no longer enforce the open carry ban.

However, the sheriff in Alachua County says his office will continue to enforce it for now.

“I want to emphasize that this opinion is not final until the disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.,” Sheriff Chad Scott said in a post on Thursday. “As of today, the status of the law concerning open carry of firearms is the same as it was yesterday—there has been no change."


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