State Rep. Christine Hunschofsky, D–Parkland, filed HB 321 to close what she described as a perceived long-gun loophole created by the First District Court of Appeal’s recent decision in McDaniels v. State.
On Sept. 10, the court struck down Section 790.053, Florida Statutes, which prohibited the open carrying of weapons. That law had worked in tandem with Section 790.06, which governs the carrying of concealed weapons. The ruling, however, created an unintended potential loophole that may allow individuals to openly carry long guns — including rifles, shotguns, and AR-15s — into places where handguns remain prohibited. These include courthouses, legislative meetings, school board meetings, police stations, and prisons.
“Regardless of where people stand on the McDaniels decision, it was never the Legislature’s intent to allow individuals to carry long guns into these sensitive spaces,” Hunschofsky said. “This perceived loophole undermines public safety and creates confusion for both Floridians and law enforcement.”
The confusion has prompted Supreme Court Chief Justice Carlos Muñiz to issue clarifying guidance on courtroom security. Attorney General James Uthmeier has also issued guidance stating that “the Court’s decision neither considered nor implicated Florida’s law listing certain locations where the carrying of a firearm — open or concealed — may be unauthorized.”
HB 321 seeks to restore clarity and consistency in Florida’s gun laws by explicitly prohibiting all firearms in sensitive government and community spaces.
“Leaving this potential loophole unaddressed creates additional challenges for law enforcement, increases security costs, and creates fear and confusion in our communities,” Hunschofsky added. “This is a straightforward fix to ensure the law works as originally intended. It is a critical issue that needs to be addressed as soon as possible.”
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