Anti-Gun Senator and Democrat Dick Durbin

Gregory Kielma • December 3, 2023

Anti-Gun Senators Ignore Crime, Push the ‘Gun Violence is a Public Health Problem’ Narrative

Anti-Gun Senators Ignore Crime, Push the ‘Gun Violence is a Public Health Problem’ Narrative

By
Larry Keane
November 30, 2023

U.S. Senators bent on more gun control used a hearing at the Senate Judiciary Committee to attempt to yet again diagnose violent crime in America as a public health disease. Their only proposed cure, of course, is more gun control.

In the eyes of one witness, it was another instance of gun control efforts putting their playlist on repeat, hoping that each time they play the same soundtrack they will somehow convince America that the only prescription to solving the revolving door of crime is to abandon Constitutionally-protected rights. The problem is crime is a behavior and not a disease, best addressed by strict enforcement of existing laws.

Not Crime, Public Health

The hearing started with a video montage played by Judiciary Chairman Dick Durbin (D-Ill.), highlighting many of the grotesquely-exploited images of mass murder incidents that were previously published by The Washington Post and earned media scorn. Sen. Durbin said in his opening statement, “Across the country, gun violence is a public health epidemic, plain and simple.”

Note the carefully chosen phrase. Sen. Durbin didn’t refer to criminal misuse of firearms or repeat violent offenders who prey on innocent lives. In his estimation, guns are a pathogen. Eradicating them, even for lawful owners, is the only way forward. The carefully-edited video was capped by a CBS News interview with Dr. Celine Grouner, Epidemiologist at New York University & Bellevue Hospital, to underscore Sen. Durbin’s attempt to reframe crime.

“I think reframing this as a public health crisis, you know I’m an infectious disease specialist, many of the people in my field have actually turned to gun violence recognizing that gun violence behaves like an infectious disease,” Grouner said. “It is contagious. Violence is passed on from person-to-person.”

Sen. John Cornyn (R-Texas) exposed the reality of what this reframing attempt really is. He pointed to New Mexico Gov. Michelle Lujan Grisham’s emergency public health order that attempted to suspend the Second Amendment rights of citizens in certain parts of her state.

“She was warned repeatedly by officials in her state that such a suspension violated the Constitution,” Sen. Cornyn said. “But unfortunately, that doesn’t mark the end of the road for this latest attack on what is a Constitutional right. That’s something some of our colleagues consistently overlook and the fact is that a firearm in the hands of a law-abiding citizen is not a threat to public safety.”

‘Trust Issue’

Sen. Cornyn wasn’t done exposing the ruse.

“Washington Democrats have, unfortunately, chosen to follow Governor Grisham’s lead and are now using public health as a guise to address their concerns,” he added.

Sen. Cornyn pointed to the COVID-19 response to the crisis when politicians shut down commerce and denied churches the ability to gather congregants, despite a protected right to freedom of religion and to peaceably assemble. Yet, no response was made to riots that cost the American public hundreds of millions of dollars in damages.

“So we have a trust issue and a Constitutional issue when we use the public health approach to attempt to strip away core Constitutional rights,” Sen. Cornyn said. “The other problem with the public health approach is the most effective solution to firearm-related homicides and assault is effective criminal law enforcement. That means effective police, prosecutors, courts and prisons. We know that these tools actually work.”

Focus on Criminals

Sen. Cornyn effectively pointed out that law-abiding gun owners aren’t the problem. It is criminals, and the public health approach to achieve gun control disproportionately affects those who obey the law. Criminals who ignore the law aren’t affected. Smarter responses would focus on those criminals.

“One of the reasons for this is concentrations of gun violence is among small numbers of the population,” he added. “In Washington, D.C., for example in 2021, a study found that only 500 people were responsible for up to 70 percent of the gun violence in the district.”

Sen. Cornyn spoke of the successes Congress has made without infringing on Second Amendment rights, including the FIX NICS Act, signed into law by President Donald Trump, and named after NSSF’s FixNICS initiative to get states to enter all disqualifying records to the FBI’s National Instant Criminal Background Check System (NICS).

“The point is, we can find ways to come together to get things done, but using public health authorities as a blanket excuse to strip away Constitutional rights or framing gun violence as an epidemic divides us more than it unites us,” Sen. Cornyn said. “And it really kind of misses the point. These are not autonomously-fired weapons. They involve human agency. And as we’ve seen, when we focus on the humans, we can have a very positive impact.”

NSSF has rejected attempts to frame criminal misuse of firearms as a public health crisis. This invites too many Constitutional questions, as Sen. Cornyn appropriately pointed out. Both federal and state governments demonstrated during the COVID-19 crisis that they were all too willing to trample on Constitutionally-protected rights in the name of “public health safety.” New Mexico’s Gov. Grisham didn’t learn that lesson and continues to deny Second Amendment rights that aren’t for her to “allow” for citizens in her state. Those rights belong to the people.

Rebranding the criminal misuse of firearms as a “public health crisis,” while not a new strategy of the political left, raises considerable concerns. Analyzing a criminal justice problem with an epidemiological lens ends with a distorted picture of a very real issue. Misidentifying the problem ensures that no real solutions will be found. No vaccine will be discovered. No pill will be developed. And more importantly, no solutions will be identified.
 
Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.

By Gregory Kielma October 13, 2025
Can I own a gun if I have a very old felony? Over ten years? Federally, no. In at least one state, yes, provided you don’t get it from a Federally-licensed dealer, and you always keep it in your home. Texas state law criminalizes “felons in possession”, but only if they possess the weapon within 10 years of the full completion of their sentence including probation/parole, and/or if the weapon is possessed outside the home. So theoretically a felon 10 years passed his sentence, including parole, can own a gun and keep it in his home for his own defense. EDIT: the law has changed since this post, to reduce the term to 5 years after completion of incarceration and/or supervised release. Under Federal law, however, a person in possession of a firearm who has been convicted of any crime punishable by more than a year in jail is committing a Federal crime worth ten in the pen, no matter how long ago the conviction was. The Feds usually have better things to do than bust ex-felons, much to the frustration of local police in many cases, but if you draw attention to yourself or commit any other crime the Feds are more willing to prosecute, the gun possession is an additional 10-year gimme. If the felony is that old and you’ve stayed out of trouble and built a respectable life since getting out, you can avoid Federal problems by petitioning the court for a restoration of civil rights. Basically, the court says that you’ve demonstrated yourself sufficiently rehabilitated that you should no longer have the limitations on your rights that come with being an ex-con. That’s typically something you must show you have earned; most judges won’t just sign that kind of order as a matter of course, and it’s largely their discretion to do so at all. Also understand that the felony and the expungement or restoration order don’t just automatically cancel out in the NICS system used for background checks. The fact you have a felony record will red-flag any 4473 form submitted by an FFL in your name. Theoretically, the idea is that the person processing the application on the NICS side looks through the full record and will find the restoration order and determine it quashes the felony conviction, but if they miss it you will be denied, and there’s a lengthy, time-consuming and expensive process to make sure your NICS records are being properly interpreted (and there’s no penalty to the FBI that runs NICS even if you prove you were falsely denied; you get a “sorry, we’ll try to do better next time” and they really won’t). One option to avoid these headaches, after you’re gotten your conviction taken care of, is to apply for a carry license in one of the 25 states where that license is an acceptable substitute for NICS checks. You go through a comprehensive background check one time (where you usually get the chance to clue the agency into the existence of the restoration order), you take the class, get fingerprinted, maybe pass a practical qualification (you’ll have to rent or borrow a suitable firearm), then once you have the permit, you still have to fill out the 4473 but the FFL doesn’t have to send it to NICS; they write your license number on the form as the proof of background check, you pay them and you have a gun.
By Gregory Kielma October 13, 2025
Can I dry fire my Ruger 10/22 ? How worried should I be about damaging the gun? I've heard dry fire hurts rimfires. All guns, snap caps should be used. The reason, it keeps the firing pin from becoming damaged. Some firearms like the Ruger 10-22 are not as easily damaged by dry fire. Dry-firing rimfires can damage the chamber face as the firing pin hits it instead of a cartridge. However, the Ruger 10/22 is an exception—its manual states that dry-firing is safe, thanks to a firing-pin stop that protects the breech face. While you shouldn't regularly dry-fire rimfires in general, the 10/22 is designed to handle it.
By Gregory Kielma October 12, 2025
Can a felon shoot a gun at a gun range? Gregg Kielma Range Owner Gregg Kielma firearms range owner says no. If you're a felon, you cannot enjoy the shooting sports at our range. You lost your constitutional rights to fire firearms or own a firearm or ammo. Do not do it. It's federal law. It's not my law but the federal government. Please don't lie to us on the forms you need to fill out before you shoot. DON'T DO IT! Technically, prohibited persons could lie on waivers at ranges to shoot with friends, unless caught by law enforcement or revealing themselves. However, this is a felony from the moment they handle a gun or ammunition; if discovered, they can be arrested and possibly jailed. Signed waivers act as admissions of their status. Being able to do something does not mean it's right.
By Gregory Kielma October 12, 2025
Attorney General Bondi Issues Memo on Ending Political Violence Against ICE WASHINGTON – Today, Attorney General Pamela Bondi released a memorandum to the FBI, DEA, ATF, USMS, and Executive Office of U.S. Attorneys focused on ending political violence against ICE. As noted in the memo, riots in Los Angeles and Portland reflect more than a 1000% increase in attacks on ICE officers since January 21, 2025, compared to the same period last year. The memo instructs Department of Justice components to: • Direct officers and agents to defend ICE facilities, specifically in Portland and Chicago. • Add local law enforcement entities to a temporary ICE Protection Task Force alongside DOJ law enforcement components. • Provide grant funding, training, and technical assistance to support federal, state, and local law enforcement protecting ICE. Finally, the Department of Justice will “arrest and prosecute to the fullest extent of the law every person who aids, abets, or conspires to commit” crimes against ICE – including through “funding, coordination, or planning.”
By Gregory Kielma October 12, 2025
How far can a “buck-shot: shotgun shoot? What's The Best Choice? Gregg Kielma Gregg Kielma, FFL, Firearms Instructor, Gunsmith, First Aid Fundamentals expert, Range Safety Officer, and a 5-Star USCCA Instructor , offers the following advice: it is essential to understand your shotgun. Consider whether it is intended for tactical home defense or hunting purposes; only you can determine which option best suits your needs. Firearms may vary significantly in recoil, depending on configuration, barrel length, and gauge, all of which influence firearm control. Each "shell" can travel specific distances for the purpose of application. Kielma further emphasizes that every application and operator is unique. Prior to selecting any firearm—be it a long gun, shotgun, or handgun—it is important to test the firearm and assess its suitability for you. Frequently, firearms arrive via transfer, and clients are unaware of the specifics of their purchase. It is advisable to consult a seasoned firearms Instructor for evaluation to ensure the firearm aligns with your requirements. Regarding buckshot, it is important to note that there is no such thing as a "buckshot shotgun." Rather, a shotgun can fire shells containing buckshot. Shells are available with various shot sizes, ranging from size 8 shot, approximately the diameter of a pencil lead, to buckshot, which is about 3/8 inch in diameter. All have specific purpose. It is hoped that this information proves helpful. Stay safe, Stay Situationally Aware Gregg Kielma Tactical K Training and Firearms
By Gregory Kielma October 9, 2025
Judge demands to know how many CPD officers carry gun tied to misfire claims Chicago Police decided to stop using the Sig Sauer P320 earlier this year, but hundreds of officers still possess it A federal judge is demanding answers on how many CPD officers are carrying guns tied to dozens of lawsuits over alleged misfiring. A federal judge has given the City of Chicago until this week to explain how many Chicago police officers are still carrying a controversial handgun that's been tied to dozens of lawsuits across the country associated with claims that it misfires without a trigger pull. Across the country, dozens of officers and civilians have sued the gunmaker Sig Sauer alleging that the company's P320 handgun can misfire - even while holstered. Expert witnesses and even a former Sig Sauer employee have alleged the gun is defective. But in court filings, Sig Sauer has denied liability and challenged the authority of expert witnesses' claims. Chicago Police decided to stop using the Sig Sauer P320 following an April meeting earlier this year; but 780 officers still possess it, according to CPD firearms supervisor’s sworn affidavit. At one time, close to 1,500 officers - or 13 percent of the force - were using it as their service weapon. According to the CPD firearms supervisor's sworn statement, nearly half of those 1,500 officers that once used the gun are now using an alternative weapon. Still, at least 780 other officers have ordered a new handgun, but their "transitions" have been delayed due to "holster availability' and scheduled pickups of their new weapons, court records show. According to the court filings, a CPD panel decided in April to move away from the controversial handgun and set benchmarks over the summer for officers to supply CPD administrators with how many officers still had the weapon. The Chicago Police union's president John Catanzara thinks the department isn't moving fast enough. "If something is dangerous like a firearm to the point where you had to ban it, it should be off the street immediately," Catanzara informed several news sources. Federal Judge Rebecca Pallmeyer seems to agree. In her order filed last week, she wrote "any officer who is in possession of an alternative weapon ... should be required immediately to use that alternative weapon." Former Virginia police officer Marcie Vadnais says she experienced a misfire incident involving her P320 in 2018 when she was sitting in her vehicle. “I still to this day have two thirds of the rounds in my right leg," painful and still there. The now-medical former officer from Loudon County, Virginia says she never had any concerns about her weapon before the incident and says it misfired while it was holstered. "This weapon is dangerous; nobody should ever have their hands on this weapon," Vadnais said. X-ray images she shared with NBC 5 Investigates show the close-range gunshot shattered her femur. The road to recovery she says was long." It took a long time to be okay to talk about this," she said. "I did struggle a lot with this. The injury, the pain..."Vadnais sued Sig Sauer in 2019 and later settled for an undisclosed amount, and she’s not alone. Over the past decade, more than 100 people have made claims that their P320s have misfired, according to publicly available court records. A 2023 investigation by The Washington Post and the non-profit newsroom, The Trace, found that more than 90 have claimed to have suffered injuries as a result. "There have been some wins; some losses," said attorney Jeff Bagnell, who says he's been involved in dozens of lawsuits where his clients have alleged the gun is defective. The results of legal challenges have been mixed. Bagnell says Sig Sauer has lost three recent cases. Sig Sauer reportedly won a case in 2022 involving a different defect in the P320. And at least 12 other lawsuits have been dismissed, The Trace reported. Bagnell says while Sig Sauer has Sig Sauer has challenged the results of other cases through appeals, court records reviewed by attorneys involved. In court filings, Sig Sauer has denied liability, defended its product and said that misfires can happen with a variety of guns. And while the company offers a pistol upgrade program through its website, it also says the original version of the P320 "meets and exceeds all U.S. safety standards." Chicago Police did not respond to NBC 5 Investigates' requests for comment. Correction: The story has been updated to reflect mixed results of legal challenges. An earlier version misstated Sig Sauer's court victories in two cases. The company won a 2022 case involving a different defect involving the P320. At least 12 other lawsuits have been dismissed, The Trace reported. The story has been updated to reflect that.
By Gregory Kielma October 9, 2025
Chicago Violence Interrupter Program Seems Long On Violence And Short On Interruption Gregg Kielma Chicago officials have implemented several strategies to address violent crime, though most have proven ineffective. Recently, a "violence interrupter" with CeaseFire Chicago, Jamari Edwards, was sentenced to 22 years in federal prison after admitting to three carjackings in August 2022—one of which involved shooting a victim in the leg—and pleading guilty to related firearm charges. Further details reveal that during one incident, Edwards approached a man at a Dunkin' Donuts drive-thru, threatened him with a gun, shot him, and stole his wallet, phone, and car. Says Gregg Kielma Firearms Instructor-FFL Gunsmith and First Aid Fundamentals Instructor, “Chicago, haven’t you had enough of your neighborhoods, friends, and family killed? It’s time to make the city, your city, safe and remove the criminals from your beautiful streets! Let's together, make your city safe. The current Presidental administration has a plan please follow it. Give it an opportunity, you have nothing to lose. Your current leadership is doing nothing for you, Friends and family are leaving, my goodness look around you.. Look what they are doing to you! VOTE Smart and Carefully Chicago : Before you continue to plunder into obyss. Safety First Politics Second. Be safe friends
By Gregory Kielma October 9, 2025
Trump Could End Bush Sr.’s 1989 Semi-Auto Import Ban — Here’s Why Gun Owners Should Demand It Scott Witner More than three decades ago, a Republican president with a “no new gun laws” campaign promise pulled the rug out from under America’s gun owners. In 1989, President George H.W. Bush banned the importation of 43 models of semi-automatic rifles — rifles the media loves to call “assault weapons” — with the stroke of a pen. Chinese AKs. Israeli Uzi carbines. FN FALs. HK 91s and 93s. All blocked at the border because ATF decided they didn’t meet the Gun Control Act’s arbitrary “sporting purposes” test. And here’s the kicker: that ban has never been repealed. Why This Matters Toda y The 1989 import ban wasn’t passed by Congress. It was an executive decision — meaning the sitting president could reverse it tomorrow without a single vote on Capitol Hill. Firearms News Editor-in-Chief Vincent DeNiro put it plainly: “President Trump doesn’t even need Congress to get rid of the unconstitutional 1989 ‘assault weapons’ import ban. He just needs to order BATFE to declare all imported semi-auto rifles as ‘sporting,’ which is what these same models are considered when domestically produced.” That’s right — the same rifles that can be built and sold here in the U.S. are still banned from import simply because of where they’re made. The History Behind the “Sporting Purposes” Test The Gun Control Act of 1968 gave the federal government the power to block imports of firearms that weren’t deemed “sporting.” That language was a gift to the gun-control lobby, and Bush Sr.’s 1989 order weaponized it. Richard Stevens, author and attorney for Jews for the Preservation of Firearms Ownership, pointed out decades ago that this exact strategy was used by the Nazis in 1938 — banning non-approved imports under the guise of “sporting use.” Let’s be clear: the Second Amendment is not about trap shooting or deer season. As Tench Coxe, a delegate to the Continental Congress, wrote, C&H Precision (CHPWS), an industry-leading designer and manufacturer of precision optics. Written by: Unknown “Congress has no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American.” Executive Action Could End It Tomorrow What can be done by executive action can be undone by executive action. There’s no excuse for letting this stand — especially from a president who campaigned as a friend of the Second Amendment. Ending the import ban would: • Restore access to historically significant and affordable rifles for collectors and shooters. • Force the gun-control crowd to lose their minds on live TV. • Fire up gun owners ahead of 2026 midterms and crucial state elections like Virginia’s governor’s race. Where Are the “Gun Rights” Groups? If this is such an easy win, why hasn’t it been done? The bigger question: why aren’t the big-name membership gun groups hammering this issue daily? They know the ban still exists. They know it could be lifted tomorrow. They claim to have the ear of the president — so why haven’t they made this a priority? This is also why DOJ’s so-called Second Amendment Task Force needs actual gun owner representation, not just career bureaucrats. Gun owners deserve a seat at the table to influence priorities and hold leaders accountable. The Bottom Line “Stroke of the pen, law of the land,” Clinton aide Paul Begala once said about executive orders. Well, Mr. Trump — this is one stroke of the pen gun owners would actually cheer for. Reclassify these rifles as “sporting.” End the 1989 ban. Stop the absurd 922r parts-count game. Let Americans import the rifles they have every right to own. It’s lawful, it’s easy, and it would be very cool.
By Gregory Kielma October 9, 2025
Florida Open Carry: Not So Open Right Now The Brief Florida's open carry law took effect Thursday 9/25/25 after a state appeals court ruled the previous ban unconstitutional on September 10. When does open carry become legal in Florida? When will you start seeing people in line behind you at Target carrying guns on their hips? Well, technically, openly carrying a firearm in public in the Sunshine State becomes legal Sept. 25, according to a Sept. 10 decision by a three-judge panel in the 1st District Court of Appeal. The decision declared Florida's law banning open carry to be unconstitutional and a violation of the Second Amendment. The 15-day delay was to give the state time to appeal. But soon after the decision was announced, state Attorney General James Uthmeier called it a win for the Second Amendment, multiple sheriffs announced they would stop enforcing the state law immediately, and on Sept. 15 Uthmeier declared open carry to be "the law of the state." Let’s Take a LOOK: • Open carry is now permitted statewide, but you must follow specific guidelines, including age and eligibility requirements. • The ruling does not allow open carry in certain places like courthouses, schools, polling sites, government buildings, or anywhere private property owners prohibit firearms. • The First District Court of Appeal's decision applies to all Florida trial courts; no appeal was filed during the 15-day window. • Gov. Ron DeSantis labeled the change "a victory" and said it brings Florida in line with most other states. • Attorney General James Uthmeier directed law enforcement to stop arresting or prosecuting law-abiding citizens openly carrying firearms, referencing McDaniels v. State. • Previously, Florida allowed concealed carry but banned open carry due to concerns from law enforcement about safety. • Private property owners and businesses can still prohibit firearms on their premises. • When does open carry become legal in Florida? When will you start seeing people in line behind you at Target carrying guns on their hips? • Well, technically, openly carrying a firearm in public in the Sunshine State becomes legal Sept. 25, according to a Sept. 10 decision by a three-judge panel in the 1st District Court of Appeal. The decision declared Florida's law banning open carry to be unconstitutional and a violation of the Second Amendment. The 15-day delay was to give the state time to appeal. • But soon after the decision was announced, state Attorney General James Uthmeier called it a win for the Second Amendment, multiple sheriffs announced they would stop enforcing the state law immediately, and on Sept. 15 Uthmeier declared open carry to be "the law of the state." Can I open carry everywhere in Florida? No. • Writing for the three-judge panel's 20-page decision, Judge Stephanie Ray said, "That is not to say that open carry is absolute or immune from reasonable regulation." • Uthmeier agreed in his memo to law enforcement, saying state and federal restrictions on carrying firearms in specific locations would still apply. • What that actually means is now open to interpretation since legislation has not yet caught up to the ruling. • Florida laws on concealed carry list a wide variety of sensitive locations where concealed weapons are not permitted, but gun-rights advocates say that may no longer apply. The ruling may also have revealed a loophole: the prohibited spaces law prohibiting firearms in "sensitive" locations may only apply to handguns, according to David Marsey, general counsel of the Florida Police Chiefs Association. • With the “abrogation” of the state’s open-carry ban, “the prohibited places statute does not expressly prohibit the open carrying of long guns in prohibited places,” Marsey said in a memo, The News Service of Florida reported. • “I know lawmakers are reading, dissecting” the ruling, Uthmeier said during an event in Winter Haven, adding that the decision resulted in “some inconsistencies” in laws about concealed-weapons licenses and permitless carry enacted after the open-carry ban. “Now open carry is a constitutional, important right that people can exercise, so I'll leave it there,” the attorney general said. Can I wear my gun in Publix? YES • Private property owners are still able to prohibit firearms on their property, which can include homes and businesses. Violation is considered armed trespass, a third-degree felony, Uthmeier said. • Publix asked back in 2021 for customers not to openly guns in their stores in states where open carry is legal, although they allowed concealed carry. Target asked customers to leave the guns home in 2014 , Trader Joe's said in 2019 that they "do not welcome weapons of any kind in our stores and never have," and Walmart bans open carry but allows concealed carry. Where can't you open carry in Florida? • Currently, there is a wide variety of other locations where state and federal ban open or concealed carry (with exemptions for law enforcement and correctional officers), such as: • Any place of nuisance as defined in s. 823.05 (sort of an open term that includes places that endanger the health of the community, become "manifestly injurious to the morals or manners" of the community, or "annoy the community" such as prostitution dens, illegal gambling halls, specified massage parlors and anywhere criminal gang activity happens • Any police, sheriff, or highway patrol station • Any detention facility, prison, or jail • Any courthouse (although judges may carry in the courtroom and may determine who else can) • Polling places • Any meeting of the governing body of a county, public school district, municipality, or special district • Any meeting of the Legislature or a committee thereof • Any school, college, or professional athletic event not related to firearms • Professional athletic events • Any elementary or secondary school facility or administration building • Any career center • Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose • Any college or university facility • The inside of the passenger terminal and sterile area of any airport unless encased for shipment to be checked as baggage • Any place where the carrying of firearms is prohibited by federal law • "The McDaniels decision does not, however, prevent law enforcement from continuing to police those who 'exhibit [firearms[ in a rude, careless, angry, or threatening manner' in public," Uthmeier wrote. • "And nothing in the decision permits individuals to menace others with firearms in public, nor does it undermine the State's authority to prohibit felons from possessing firearms." Florida gun laws are now 'a little wonky,' Polk sheriff says. But what's the fix? Florida 'red flag' laws, other gun laws still apply. • The change in open carry only applies to people legally allowed to possess a firearm. It does not affect other restrictions in Florida's gun laws such as restrictions for people under the age of 21, convicted felons, “violent career criminals,” or people who have restraining orders from committing acts of domestic violence. • Florida's red flag laws for risk protection orders also still apply. Under those laws, firearms may be taken from individuals who: • Have been taken into custody for an involuntary examination under the Baker Act • Have been adjudicated "mentally defective" or have been committed to a mental institution • Have been temporarily blocked from possessing firearms because a law enforcement officer or agency petitioned the court and stated they were at high risk of harming themselves or others • Florida law also has strict conditions regarding how long a person can be kept from possessing firearms in those instances and when they must be returned. • Open carry is now legal in Florida: How many other states allow open or concealed carry? What is 'open carry?' • "Open carry" means you can publicly carry a legally owned firearm that is kept in plain sight or partially concealed, usually holstered. • Previously, according to Florida law, openly carrying a firearm is a second-degree misdemeanor with a $500 fine or a maximum of 60 days in jail. In summary, Florida's open carry law now allows individuals to carry firearms openly in most public areas, but with specific restrictions and responsibilities. Gun owners should stay informed about the evolving legal landscape and adhere to safety guidelines. Private property owners and businesses can still prohibit firearms on their premises.
By Gregory Kielma October 9, 2025
Publix Abides By Open Carry in Florida Store Winn Dixie-Walmart-Target Not Complying to Florida Law? Gregg Kielma Say's Gregg Kielma a Florida Firearms Instructor- FFL-Gunsmith and First Aid Fundamentals Instructor. Please see Winn Dixie-Walmart-Target’s response below. Kielma continues, I know where I’m going to shop as a legal, safe, trained firearms owner. What about you? Where are you shopping and spending your money? Please understand the jurisdiction you reside in. Some local Law Enforcement agencies are arresting people open carrying. God Bless The Second Amendment. Let’s take a look! Publix, which operates nearly 900 stores in Florida, has addressed recent changes related to the state's open carry law following the overturning of the ban. “As of Sept. 25, 2025, Florida law allows the open carry of firearms. Publix follows all federal, state and local laws,” a Publix spokesperson stated via email. Some residents expressed varying opinions about open carry in grocery stores. For example, Darlene Madden of Lakeland raised concerns about non-law enforcement individuals carrying firearms, noting that law enforcement personnel are typically trained in firearm use. Ashley Butler of Tampa mentioned that seeing firearms in the store could be unexpected for shoppers. Contacted, Publix locations in Lakeland, Tampa, and St. Petersburg regarding the company's policies differ. Some managers referred questions to the corporate office, while others confirmed that customers would be allowed to openly carry firearms in the store, citing the change in state law. Customers interviewed offered a range of views, from feeling intimidated by visible firearms to considering open carry a potential deterrent to criminal activity. Also contacted, Winn-Dixie’s parent company, Southeastern Grocers (which owns Harvey’s Supermarkets). In a statement, the company said it asks customers to secure firearms before entering its stores and that open carry is not permitted. Walmart and Target did not provide comments, however, statements on their respective websites indicate that open carry of firearms is prohibited. Walmart’s policy states that open carry is not permitted in its locations, except for authorized law enforcement. Target’s site similarly requests that guests refrain from bringing firearms into stores, even where local laws allow open carry.