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Florida Court Rules Open Carry Ban Unconstitutional; Bay County Suspends Enforcement

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BAY COUNTY, Fla. (WDNews) – A Florida appeals court has ruled that the state’s ban on the open carry of firearms is unconstitutional, prompting Bay County authorities to suspend enforcement of the law.

On Tuesday, the Florida First District Court of Appeal issued its decision in McDaniels v. State, striking down Florida Statute §790.053, which prohibits the open carry of firearms. The court said the ban conflicts with the Second Amendment and the nation’s historical tradition of firearm regulation.

While the decision is not yet final, Bay County Sheriff Tommy Ford announced that deputies will not enforce the statute while the legal process continues.

Ford reminded residents that the ruling does not override restrictions in certain areas, including government meetings, law enforcement agencies, courthouses, polling places, schools, jails, and airport passenger terminals.

He also noted that private property owners and businesses may prohibit open carry on their premises and have the right to remove violators.

“The right to open carry is not absolute,” Ford said. “I ask our community to exercise sound judgment, respect, and responsibility when carrying a firearm. Let’s continue working together to keep Bay County safe and lawful.”

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