Marion County deputies instructed not to enforce state’s open carry ban after court ruling

Flow chart provided to MCSO deputies with legal memo.

Marion County Sheriff’s Office deputies have been instructed not to detain or arrest people for openly carrying firearms, following a recent appeals court decision that struck down Florida’s general ban on open carry.

“We are not looking to the state for direction,” said Lt. Paul Bloom, spokesperson for the sheriff’s office. “Each sheriff, as a constitutionally elected official, in his/her respective county has chosen to adopt a similar stance along with local police municipalities. The Florida Attorney General has said that his office will not prosecute on those charges either.”

An internal memo circulated Sept. 17 by General Counsel Marissa Duquette cited the First District Court of Appeal’s ruling in “McDaniels v. State” (1D2023-0533), which found Florida Statute §790.053 prohibiting open carry unconstitutional under the Second Amendment.

“Put simply, this means deputies cannot arrest or detain someone for openly carrying a firearm in public,” Duquette wrote.

The bulletin clarified that deputies may only stop individuals if they have reasonable suspicion the person is prohibited from possessing a firearm, or if the person is carrying in restricted areas. Those include federal facilities, the Marion County Courthouse, the county jail and school zones.

State law also bars open or concealed carry in specific locations such as polling places, government meetings, schools, universities, courtrooms, career centers and establishments primarily devoted to serving alcohol.

The sheriff’s office memo included a flowchart and references to prior legal bulletins detailing ineligibility factors for firearm possession.

Where open carry is still prohibited

According to the Marion County Sheriff’s Office legal bulletin, people may not openly carry a firearm in the following locations:

• Federal facilities, including courthouses, prisons, ranger stations, post offices and Social Security offices
• Marion County Courthouse
• Marion County Jail
• School zones (within 1,000 feet of public, private or parochial schools)
• Police, sheriff or highway patrol stations
• Detention facilities, prisons or jails
• Courtrooms (except judges or those given permission by a judge)
• Polling places
• Meetings of county, city, school district, or special district governing bodies
• Legislative sessions or committee meetings
• Schools, colleges or school-sponsored events not related to firearms
• Elementary or secondary school facilities and administration buildings
• College and university facilities
• Career centers
• Establishments primarily devoted to serving alcohol for consumption on premises
• Passenger terminals of airports (unless firearms are encased for shipment)
• Any place where federal law prohibits firearms