Guns allowed in parks under open carry decision

BY MARK J. CRAWFORD

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Larry Ford from the Speedville area recently approached Bradford County commissioners with questions and concerns about the rules for guns in public parks.

In September, Florida’s First District Court of Appeals struck down the state’s ba n on openly carrying firearms as unconstitutional, meaning legally owned guns could be carried openly anywhere a concealed weapon had previously been allowed. 

According to the court, law-abiding citizens right to carry arms was protected by the Second Amendment to the U.S. Constitution. The Attorney General James Uthmeier did not appeal the decision, making open carry legal.

Ford wanted to know if that included the county’s parks.

“I would like to know what is the board’s position on open carry firearms in our community parks where our kids play and where we gather to celebrate family,” he said.

County commissioners couldn’t immediately say what’s allowed given the change in law, but attorney Rich Komando said his office has been hearing this question a lot lately. The firm Bradley, Garrison and Komando represents Bradford County, and he said openly carried guns are allowed in parks, although some restrictions remain.

Ford wanted to know if there was anything the county could do to keep guns out of parks.

“My concern is that a lot of kids is in the park, and people walk around with open carry firearms on them, around the kids and stuff. That’s not a good look. I know that Publix and everybody can let them in, and some people can ban them. I wonder if there’s anything that the board or the county can do about it,” he said.

Komando said it could not, even though the commission meeting — in fact the entire courthouse and other government buildings — are among the places weapons remain prohibited. The list includes school campuses, police stations and polling locations. It also includes bars. Generally, private businesses, including grocery stores, can make their own rules, according to Komando. If, however, county commissioners tried to ban guns from parks, he said they could be sued.

Open carry does not include menacing displays, being careless, rude or threatening with a firearm. Those prohibited from possessing firearms, including convicted felons, are still barred from carrying them. 

Qualified Floridians have been able to legally carry concealed firearms without a permit since July 2023. Private business owners maintain the right to ban firearms (open or concealed) on their property. Refusal to abide by those rules can lead to trespass or armed trespass charges.