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Sheriff Explains Open Carry Need To Knows Points After Florida Law Ruled Unconstitutional
September 13, 2025
Now that local law enforcement agencies have said that they will stop enforcing Florida’s open carry law after it was found unconstitutional by a state appeals court, Escambia County Sheriff Chip Simmons is clarifying some need to know points.
Simons said private property and business owners still have the right to prohibit open carry on their premises and may trespass individuals who do not comply.
Also, open carry remains prohibited by law in specific locations, including:
- Government meetings (county commission, city council, etc.)
- Law enforcement agencies
- Courthouses
- Polling places
- School properties
- Jail facilities
- Airport passenger terminals
“As always we urge all citizens of Escambia County to exercise their rights with sound judgment, respect, and responsibility,” Simmons said on Friday.
The Escambia County Sheriff’s Office, the Santa Rosa County Sheriff’s Office, and the Pensacola Police Department all said they will not enforce the state law banning the open carry of firearms. The move follows a decision Monday by the First District Court of Appeal that found the law unconstitutional.
Read more: Local Law Enforcement Will No Longer Enforce Florida’s Open Carry Law
Read more: In Local Case, State Appeals Court Rules Open Carry of Firearms Is Protected By The Constitution
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3 Responses to “Sheriff Explains Open Carry Need To Knows Points After Florida Law Ruled Unconstitutional”
Taken from legalsurvivalguide.org:
Pepper spray in Florida
Florida categorizes pepper spray as a “self-defense chemical spray,” a very distinct category from tear gas guns or other chemical weapons. Tear gas guns and other chemical weapons are entirely illegal for civilian ownership.
It is legal to buy, carry, or use pepper spray in Florida if the container holds no more than two ounces. Anyone may carry a concealed carry pepper spray in Florida without a permit, as long as it meets the size requirement and is used only for self-defense.
When considering whether to use pepper spray, keep in mind that aggressive or threatening use of a “self-defense chemical spray” not deemed self-defense could be regarded as assault or even aggravated assault, potentially resulting in fines or jail time.
Restrictions on pepper spray use
You may only use pepper spray for self-defense. No one is allowed to use pepper spray against a law enforcement officer under any circumstance. Even pointing a pepper spray canister at a police officer in a threatening way may be considered an illegal intent to discharge a weapon, which is punishable by law.
When considering whether to use pepper spray, keep in mind that aggressive or threatening use of a “self-defense chemical spray” not deemed self-defense could be regarded as assault or even aggravated assault, potentially resulting in fines or jail time.
(dhg again: several places say the same thing, including Open Florida, a state website)
Can anybody tell me? Is pepper spray legal. In Florida?
Don’t forget Florida has a “brandishing” law, FS 790.10, Improper exhibition of dangerous weapons or firearms
“If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable” by up to 1 year in jail and up to a $1000 fine.
In other words, keep it in its holster.