Appeals Court Decision May Have Consequences For Domestic Violence Survivors

The right to carry a firearm is one that many Floridians prize. In early September, a three-judge panel of the 1st District Court of Appeals struck down the state’s ’decades-old’ ban on open carry, referring to it as the “default mode of bearing arms.”  While proponents of open carry argue that it reinforces the need for responsible gun ownership, it cannot be denied that Florida’s victims of gun-related crime and domestic violence will now feel less safe in their home state.

Unclear Relationship With Crime Rates

The issue of gun ownership is a highly contentious one, with multiple differing opinions on the degree to which it should be normalized in public life. Academics are largely split on issues such as whether open carry contributes to higher rates of gun ownership or violent crime – but regardless, the potential psychological concerns are very real, even if it may not be actionable in court.

That said, it is much easier to conclude that firearm ownership and usage have a direct relationship with domestic violence. Guns are by far the most common type of weapon used in domestic violence incidents, and a victim is five times more likely to be killed if one or more guns are present in the home. This is not, of course, to say that every gun owner behaves in such a way – but if someone is inclined to be abusive, the odds of their victim not surviving are much higher when guns are involved.

Open Carry Still Barred Sometimes 

There are some facts which may allay the concerns of those who opposed the Court of Appeals’ ruling, for example, the fact that private businesses like restaurants and movie theaters are still permitted to set regulations on whether or not open carry will be permitted. In addition, it is still an offense in Florida to display a gun in a “rude, careless, angry, or threatening” manner. However, the offense is only a misdemeanor, punishable by up to a year in jail.

One thing to keep in mind is that a person may still also lose their right to carry a firearm at all if they are convicted of a domestic violence offense, thanks to the federal Domestic Violence Offender Gun Ban, also known as the Lautenberg Amendment. For those who have been the victims of gun crimes of domestic violence, however, this may be cold comfort.

Call A West Palm Beach Domestic Violence Attorney

If you have been the victim of a domestic violence crime involving a gun, know that you do not have to go through this alone. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help guide you through the legal process. Call our office today to speak to an attorney.

Source:

jaxtoday.org/2025/09/26/open-carry-court-case/