Florida Sheriff Bob Gualtieri Says “I’ll Arrest You”—Despite AG Saying Open Carry Is Now Legal. Who’s Right?
Florida Attorney General James Uthmeier announced that openly carrying firearms is legal statewide in September 2025, directly contradicting Pinellas County Sheriff Bob Gualtieri’s warning that “nobody should now open carry” in his jurisdiction. This unprecedented clash between two top law enforcement figures has thrown Florida gun owners into legal limbo—and the consequences could reshape Second Amendment rights across the state.
The Constitutional Earthquake That Started It All
Florida’s First District Court of Appeal ruled on September 10, 2025, that Florida Statute 790.053 prohibiting the open carry of guns is unconstitutional. Within days, this seemingly straightforward ruling ignited one of the biggest legal controversies in modern Florida law enforcement history.
What the court decided:
- Open carry ban violates Second Amendment rights
- Florida Statute 790.053 is unconstitutional
- Concealed carry permit holders can now openly carry
- Effective date set for September 25, 2025
But here’s where it gets complicated: Not everyone agrees this ruling applies everywhere—or even that it’s valid yet.
Sheriff Gualtieri’s Shocking Stance: “Don’t Do It”
Sheriff Gualtieri issued a statement just two days after the ruling, warning that “under law, the decision is not effective for 15 days after it was issued” and that “open carry in Florida is still prohibited.” His message to Pinellas County residents was crystal clear: carry openly at your own risk.
Gualtieri’s legal arguments:
The First DCA decision doesn’t immediately apply because Pinellas County is under the jurisdiction of the Second DCA and the Florida Supreme Court, not the First DCA. He pointed out that there’s a previous Florida Supreme Court decision holding the statute constitutional.
“As a matter of well-established law, a lower court, especially one in another district, cannot overrule law established by the Florida Supreme Court,” Gualtieri wrote. The sheriff questioned whether the First DCA’s ruling even applies in Pinellas County at all.
Translation: Just because a court in North Florida says it’s okay doesn’t mean it’s okay in Pinellas County.
The Attorney General Fires Back: “It’s The Law Now”
Then came the bombshell. Attorney General James Uthmeier released guidance on September 16 stating that “as of last week, open carry is the law of the state” and that the First DCA’s decision is binding statewide.
This directly contradicted everything Sheriff Gualtieri had just told Pinellas County residents.
Uthmeier’s position:
- The ruling became effective immediately
- It applies statewide, not just in the First DCA jurisdiction
- Law enforcement should not make arrests for open carry
- The Attorney General’s office won’t defend prosecutions under the old law
Uthmeier’s memo to law enforcement agencies and prosecutors said his office “moving forward will no longer defend convictions and prosecutions” in cases like the one that led to the ruling.
The implication: If you arrest someone for open carry, the state’s top legal officer won’t back you up in court.
Who’s Right? The Legal Chess Match Explained
This isn’t just a disagreement between two stubborn officials. It’s a legitimate constitutional question that highlights how Florida’s appellate court system works—or doesn’t work—when districts disagree.
Understanding Florida’s appellate structure:
- Florida has five District Courts of Appeal (DCAs)
- Each DCA covers specific counties
- Pinellas County falls under the Second DCA, not the First
- The Florida Supreme Court sits above all DCAs
- Lower court decisions don’t automatically bind other districts
The precedent problem:
Gualtieri isn’t making this up. The Florida Supreme Court previously ruled in Norman v. State (2015) that the open carry ban was constitutional. That creates a legal paradox: How can the First DCA now say it’s unconstitutional when the state’s highest court already said it wasn’t?
Legal experts are split:
- Some say the First DCA decision only applies in its jurisdiction
- Others argue constitutional rulings should apply statewide immediately
- Still others believe the 15-day waiting period matters
- Everyone agrees this will likely go to the Florida Supreme Court
What This Means for Gun Owners Right Now
If you’re a concealed carry permit holder in Florida wondering whether you can openly carry your firearm, the answer is: It depends on where you are and who you ask.
In Pinellas County specifically:
Sheriff Gualtieri has made his position clear—his deputies could still arrest you for open carry. His office plans to publish guidance before September 25 on how they will “enforce or not enforce F.S. 790.053 in Pinellas County.”
In other Florida counties:
The Attorney General says it’s legal statewide, but individual sheriffs may follow Gualtieri’s lead and wait for clarification. St. Petersburg Police Chief Anthony Holloway is “deferring speaking about this until the scope of the First DCA decision is determined.”
The dangerous gray area:
- You could be arrested in one county but not another
- Charges might be filed then dropped by the AG’s office
- You could become a test case for the Florida Supreme Court
- Legal fees and court costs fall on you regardless
The Constitutional Questions at Stake
This case isn’t just about whether Floridians can openly carry guns. It’s about fundamental questions of constitutional law that will affect far more than firearms.
Bigger issues in play:
Judicial hierarchy: Can appellate courts in different districts create conflicting law? What happens when they do?
Executive authority: Does the Attorney General have the power to effectively nullify a statute by refusing to defend it?
Law enforcement discretion: Can a sheriff refuse to follow guidance from the state’s top legal officer?
Constitutional supremacy: When the Second Amendment conflicts with state law, who decides how and when the conflict is resolved?
Sheriff Gualtieri: The Man Behind The Badge
Understanding Gualtieri’s position requires understanding the man himself. Robert A. “Bob” Gualtieri is both a law enforcement officer and an attorney, having earned his law degree from Stetson University College of Law in 2002.
Gualtieri’s credentials:
- Appointed Sheriff by Governor Rick Scott in 2011
- Re-elected in 2012, 2016, 2020, and 2024
- Named 2019 Sheriff of the Year by the National Sheriffs’ Association
- Served as chair of the Marjory Stoneman Douglas High School Public Safety Commission
- President of the Major County Sheriffs of America
- Licensed to practice before the U.S. Supreme Court
This isn’t some rookie sheriff making an impulsive decision. Gualtieri explicitly stated that “our job as law enforcement is to follow the law and not make the law” and that his office will follow the law once they determine what it actually is.
The Political Firestorm
The legal dispute has erupted into a political controversy that extends far beyond courtrooms.
Gun rights advocates are furious: They argue the Second Amendment is clear, the court ruled, and sheriffs should comply immediately. Some accuse Gualtieri of constitutional overreach and trampling on rights.
Law enforcement unions are cautious: Many officers don’t want to make arrests that the Attorney General has said he won’t prosecute, but they also don’t want to ignore their sheriff’s directives.
Constitutional scholars are watching: This case could establish precedents about appellate court authority, prosecutorial discretion, and how quickly constitutional rulings take effect.
Residents are confused: Most Floridians just want to know: Is it legal or not? The answer “it’s complicated” isn’t satisfying when criminal charges are on the line.
Comparing This to Other Recent Law Enforcement Controversies
Gualtieri has previously navigated controversial legal waters. Earlier in 2025, when Florida’s immigration law was temporarily blocked by a federal judge, Gualtieri stated his deputies wouldn’t make arrests under its provisions, saying “we take our direction on something like that from the judge, not from anybody else.”
This establishes a pattern: Gualtieri follows court orders and legal interpretations carefully, sometimes in defiance of state political leadership.
The immigration case parallel:
- Attorney General encouraged enforcement despite court order
- Gualtieri refused, citing the judge’s authority
- His position was vindicated when further court action followed
Could history repeat itself with open carry?
What The Experts Are Saying
Legal scholars and Second Amendment experts are weighing in from all sides:
Constitutional law perspective: When appellate courts in different districts create conflicting interpretations, the usual remedy is for the Florida Supreme Court to resolve the conflict. Until then, lower courts and law enforcement operate in uncertainty.
Criminal procedure angle: Prosecutors rarely move forward with cases when the Attorney General has publicly stated he won’t defend them. This creates a practical reality that may differ from the technical legal status.
Law enforcement viewpoint: Officers making arrests for open carry could face civil liability if courts ultimately rule the arrests were unconstitutional. This creates personal legal risk for deputies following their sheriff’s orders.
The Timeline: What Happens Next
The First DCA’s ruling was issued September 10, 2025, with a 15-day period before taking effect, making September 25 the key date.
Key upcoming dates:
- September 25, 2025: First DCA ruling’s stated effective date
- Before September 25: Gualtieri promised to publish enforcement guidance
- Coming months: Likely emergency petitions to Florida Supreme Court
- 2026: Potential full Supreme Court review and final ruling
Possible scenarios:
Scenario 1: Florida Supreme Court grants emergency stay, pausing the First DCA ruling while they review it. This would support Gualtieri’s position.
Scenario 2: Supreme Court declines to intervene, effectively making open carry legal statewide. This would vindicate Uthmeier.
Scenario 3: Court issues conflicting guidance, prolonging the confusion and creating patchwork enforcement across Florida.
The Practical Reality for Floridians
While lawyers and politicians argue, regular citizens face real-world decisions about their Second Amendment rights.
If you openly carry in Pinellas County:
- You could be arrested
- Charges might be dropped, but not before booking and processing
- You’ll incur legal costs even if charges are dismissed
- You become a test case in a constitutional battle
If you openly carry elsewhere in Florida:
- Risk varies by jurisdiction
- Some sheriffs may follow Gualtieri’s lead
- Others may follow the Attorney General
- You won’t know until it’s too late
The safest approach: Continue concealed carry as before until the Florida Supreme Court provides definitive guidance. The right to carry is worthless if you’re sitting in jail fighting the charges.
Sheriff Gualtieri’s Track Record on Constitutional Issues
Gualtieri’s career includes high-profile controversial decisions. In 2018, he declined to immediately arrest Michael Drejka in the shooting death of Markeis McGlockton, citing Florida’s stand-your-ground law. Drejka was later charged and convicted, but Gualtieri’s initial decision sparked national controversy.
What this reveals: Gualtieri doesn’t shy away from making legally defensible but unpopular decisions. He’s willing to take heat when he believes the law requires it.
He also chaired the Marjory Stoneman Douglas High School Public Safety Commission, which issued a 500-page report with controversial recommendations including arming teachers.
This sheriff operates in the spotlight and doesn’t back down from controversy when he believes he’s legally correct.
The Broader Implications for State Law
This case raises troubling questions about how state law actually works when different branches of government disagree.
Executive vs. Judicial: When the Attorney General says he won’t enforce a law that courts haven’t definitively struck down statewide, is that prosecutorial discretion or executive overreach?
Central vs. Local: Can local sheriffs chart their own course when they disagree with state officials? What are the limits of their authority?
Due process concerns: Is it fair to citizens when the legality of their actions depends on which county they’re in? Does this violate equal protection?
These questions extend far beyond guns to fundamental governance issues.
What Other States Are Watching
Florida’s open carry controversy has national implications because similar constitutional questions arise everywhere.
States with open carry bans facing challenges:
- California
- Illinois
- New York
- New Jersey
- South Carolina (until recently)
The ripple effect: How Florida resolves this could influence litigation and judicial interpretation nationwide. Second Amendment advocates are watching closely, hoping Florida’s First DCA ruling becomes a template for challenges elsewhere.
FAQs About the Sheriff Gualtieri Open Carry Legal Controversy
Q: Is open carry legal in Florida right now?
A: It’s legally complicated. Florida Attorney General James Uthmeier says “as of last week, open carry is the law of the state” following the First DCA’s September 10 ruling. However, Sheriff Bob Gualtieri maintains that in Pinellas County, “open carry in Florida is still prohibited” and “nobody should now open carry.” The safest answer is: it depends on where you are and who’s enforcing the law.
Q: Why does Sheriff Gualtieri disagree with the Attorney General?
A: Gualtieri argues that the First DCA’s decision doesn’t immediately apply in Pinellas County because his jurisdiction falls under the Second DCA and Florida Supreme Court, and there’s a previous Supreme Court decision holding the open carry ban constitutional. He believes a lower appellate court in another district cannot overrule established Supreme Court precedent.
Q: Can I be arrested for open carry in Pinellas County?
A: Yes. Sheriff Gualtieri has made clear his deputies may still enforce the open carry ban. While the Attorney General says he won’t defend such prosecutions, you would still face arrest, booking, and significant legal costs even if charges are later dropped.
Q: When will this be resolved?
A: September 25, 2025 is the stated effective date of the First DCA’s ruling. Sheriff Gualtieri promised to publish enforcement guidance before that date. However, ultimate resolution likely requires the Florida Supreme Court to weigh in, which could take months or years.
Q: What happens if I’m arrested for open carry and the Attorney General won’t prosecute?
A: Even if charges are eventually dropped, you’ll still experience arrest, jail processing, potential bail requirements, and the need to hire an attorney. You may also face civil liability issues and have an arrest record (even without conviction). The financial and personal costs can be substantial.
Q: Does this apply to anyone or just concealed carry permit holders?
A: The First DCA ruling specifically addressed those who are legally allowed to carry firearms. Generally, this means concealed carry permit holders and others not prohibited from possessing firearms. It does not legalize carrying for felons, domestic violence offenders, or others legally barred from gun possession.
Q: What should I do if I currently carry concealed in Florida?
A: The safest approach is to continue carrying concealed as you have been until the Florida Supreme Court provides definitive statewide guidance. This avoids any risk of arrest or legal complications while still exercising your Second Amendment rights.
Q: Is Sheriff Gualtieri breaking the law by not following the Attorney General’s guidance?
A: No. Sheriffs are independently elected constitutional officers in Florida with significant discretion in how they enforce laws. Gualtieri states “our job as law enforcement is to follow the law and not make the law” and argues he’s waiting for clear legal authority before changing enforcement. This is a legitimate legal position, even if controversial.
The Constitutional Chess Game Continues
At its core, this controversy represents a fundamental clash between different interpretations of constitutional law, appellate court authority, and the proper role of law enforcement in resolving legal ambiguity.
Sheriff Gualtieri’s position: Wait for clear legal authority from courts with jurisdiction over Pinellas County before changing enforcement practices that could expose deputies and citizens to legal liability.
Attorney General Uthmeier’s position: When an appellate court rules a law unconstitutional, that ruling applies statewide immediately, and continued enforcement violates constitutional rights.
The reality: Both have legally defensible positions, which means Florida gun owners are stuck in the middle of a constitutional chess match where they’re the pawns.
Lessons for Law Enforcement Nationwide
The Gualtieri-Uthmeier clash offers critical lessons for law enforcement agencies across America facing similar constitutional questions:
Lesson 1: When appellate courts in different jurisdictions create conflicting law, local law enforcement faces impossible choices between competing legal authorities.
Lesson 2: Sheriffs’ dual role as constitutional officers and chief law enforcement officials can create tension when state executive branch officials take positions contrary to local legal interpretation.
Lesson 3: The 24-hour news cycle and social media create pressure for immediate decisions on complex constitutional questions that deserve careful legal analysis.
Lesson 4: Individual officers making arrests can face personal liability when constitutional law is unsettled, creating risk that extends beyond their agencies.
What This Means for the Second Amendment
Regardless of how this specific case resolves, it highlights broader tensions in Second Amendment law:
The Supreme Court’s Bruen decision (2022) established a new framework for evaluating gun restrictions, requiring historical analogues for any limitations. This has led to numerous successful challenges to longstanding gun laws, including Florida’s open carry ban.
The trend is clear: More restrictive gun laws are falling to constitutional challenges. The question isn’t whether Florida will have open carry, but when and how the transition happens.
The stakes are high: How this transition occurs—orderly or chaotic, uniform or patchwork—will affect public safety, law enforcement resources, and citizens’ rights for years to come.
Conclusion: A Legal Battle With No Easy Answers
The standoff between Sheriff Bob Gualtieri and Attorney General James Uthmeier over Florida’s open carry law represents more than a policy disagreement. It’s a fundamental constitutional crisis that exposes fault lines in how our legal system resolves conflicts between different branches of government and different levels of courts.
Gualtieri insists his office must “know ‘what’ the law is and where it is applicable before we can decide ‘what’ and ‘how’ we enforce the law.” That’s a reasonable position for a law enforcement officer who faces potential liability for wrong decisions.
Uthmeier declares that open carry “is the law of the state” and that his office won’t defend prosecutions under the old ban. That’s also a defensible position for the state’s chief legal officer interpreting constitutional rulings.
Both can’t be right. Or maybe both are right, depending on your legal framework. That’s the problem with constitutional questions that haven’t been definitively resolved—reasonable people applying good-faith legal analysis can reach opposite conclusions.
For Florida gun owners, the message is clear: tread carefully. Your constitutional rights are real, but so is the risk of arrest if you exercise them in the wrong place at the wrong time. Until the Florida Supreme Court speaks with finality, the safest approach is to continue carrying concealed and watch this legal drama unfold from a safe distance.
The open carry battle in Florida is just beginning, and Sheriff Bob Gualtieri is standing his ground—literally and legally.
Legal Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. The legal status of open carry in Florida remains unsettled as of October 2025. Laws regarding firearms vary by jurisdiction and change frequently. If you have questions about your rights or obligations regarding firearms, consult with a qualified attorney licensed in Florida. This article does not encourage or discourage any particular course of action regarding firearms possession or carry. Individual circumstances significantly impact legal outcomes, and you should seek personalized legal counsel before making decisions that could result in criminal charges.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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