Gregory Kielma • October 15, 2023

Why is Florida Still Enforcing Gun Control Laws That Clearly Fail the Bruen Test?

Why is Florida Still Enforcing Gun Control Laws That Clearly Fail the Bruen Test?

By
TTAG Contributor
October 14, 2023

By Lee Williams 

On Sept. 15 at around 10:15 p.m., Olaf Brurberg Andersen IV, was drinking Coors Light inside Pete’s Bar in Neptune Beach, Florida, when a police officer approached him. 

The Neptune Beach Police officer told Andersen someone had seen a handgun in his waistband. A Florida statute still on the books prohibits carrying a concealed firearm inside a tavern. The officer escorted the 24-year-old outside the bar, read him the Miranda Warning and began a field interrogation. 

According to his arrest report, Andersen told the officer he was “unaware he was not allowed to carry a firearm inside establishments licensed to dispense alcohol.” He was arrested without incident. His Springfield XD and Blackhawk holster were seized and placed into property. “It should be noted the firearm was loaded with a round in the chamber,” the arrest report states. 
Andersen was taken to the Jacksonville Sheriff’s Office and charged with violating Florida state statute 790.06(12): Carry concealed weapon or firearm in portion of establishment licensed to dispense alcohol for consumption on premises. 

One week earlier, at around 10:47 p.m., Shane Wilson Adcox was drinking Pabst Blue Ribbon in Pete’s Bar. According to his arrest report, he struck up a conversation with another patron about a recent shoulder surgery he underwent and raised his shirt to show the surgery scar. 

“Upon raising his shirt, Witness #1 noticed a firearm inside the suspect’s waistband. When the suspect noticed Witness #1 observing the firearm, he pointed to it and stated he was ‘in Blackwater,’ and referred to the firearm as his ‘side piece,’” his arrest report states.  

Another Neptune Beach Police officer was summoned. Adcox, a 55-year-old retired Navy veteran, was escorted outside and detained. His arrest report states, “Post Miranda, the suspect stated that he was unaware he was not allowed to carry inside establishments licensed to dispense alcohol.” 

Adcox’s 9mm GLOCK 45 was seized and he was also taken to the Jacksonville Sheriff’s Office jail. He was charged with violating three Florida state statutes: 790.06(12) Carry concealed weapon or firearm in portion of establishment licensed to dispense alcohol for consumption on premises, 790.10 Improper exhibition of a firearm or dangerous weapon and 790.151(3) Possessing a firearm while under the influence of alcohol. 

According to police reports Adcox never exhibited his handgun or even removed it from the holster, and at no time did police conduct sobriety testing to determine whether he was under the influence of alcohol. 

Charges pending 

Andersen pleaded no-contest to the charge and was sentenced to two days in jail, but was given credit for the two days he served following his arrest. Andersen did not respond to calls or emails seeking his comments for this story. 

Adcox has a court date next month, but an assistant state attorney recently dismissed two of the three charges he faced: 790.10 Improper exhibition of a firearm or dangerous weapon and 790.151(3) Possessing a firearm while under the influence of alcohol. 

Adcox is still recovering from the weekend he spent in the county jail. 
“They threw me into the petri dish, man. I got out late Sunday night with a burning throat, sneezing and fever,” he said. “I tested positive for COVID and Strep. I’m still feverish.” 

Prosecutors offered him a deal, in which he would have to take several online courses and pay fines and court costs. His GLOCK, however, would be forfeited. 

“They just suspended my CCW permit,” he said. “There’s no way I’m taking that deal.”  

Unconstitutional 

Eric Friday is general counsel and chief lobbyist for Florida Carry, Inc., and the state’s preeminent expert in firearms law and Second Amendment rights. 

Friday said Florida’s statute that prohibits carrying a concealed firearm inside an establishment licensed to dispense alcohol is unconstitutional based on the 2022 U.S. Supreme Court decision New York State Rifle & Pistol Association, Inc. v. Bruen, which states that “history and tradition” should determine whether a law regulating firearms is constitutional under the Second Amendment.
“If you understand Bruen, you have to look at the text, history and tradition and then find an analogous statute,” Friday said. “This statute is unconstitutional as to certain places, because you cannot find a founding-era statute that prohibits possession of firearms inside a bar, or one that prohibits possessing intoxicating liquor while possessing a firearm.” 

Therefore, Friday said, both Andersen and Adcox should never have been charged. 

“Prosecutors should have removed the charge. The public defender should have asked for the charge to be removed. The judge should have been told this by both attorneys, but he too should have known this was not a crime,” he said. “We’ve got checks and balances within the legal system. The problem is when police officers, public defenders, prosecutors, and the judge fail to catch these errors, the system has indicted itself at that point.” 

Adcox said neither the prosecutor nor his public defender have told him that the charge he still faces may be unconstitutional.
“My public defender said he was ‘looking into some things,’” he said. 
 
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This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.

By Gregory Kielma May 3, 2026
Being Prepared for the 2026 Hurricane Season By Gregory Kielma, Tactical K Training & Firearms The 2026 Hurricane Season is shaping up to be another year where preparation isn’t optional it’s essential. Florida has seen record heat, rising insurance pressures, rapid population growth, and increasingly unpredictable storm behavior. None of that is meant to create fear. It’s meant to reinforce a simple truth: preparedness gives you control, confidence, and options when the weather turns. Whether you’re protecting a home, a business, or a family, the goal is the same build layers of readiness before the first storm forms. Start With Awareness and a Plan Storms don’t give you time to “figure it out later.” Your plan should be written, practiced, and known by everyone in the household or workplace. Key elements of a solid plan: Where will you go if evacuation becomes necessary Multiple routes out of your area A communication plan if cell networks fail A designated out‑of‑state contact A plan for pets, elderly family members, and anyone with medical needs For businesses, include: Who secures the building Who handles digital backups Who communicates closures and reopening A plan removes panic. It replaces it with action. Strengthen Your Home or Business Before the First Storm Florida structures take a beating every year. Small improvements now prevent major losses later. Exterior protection: Inspect your roof for loose shingles or soft spots Clear gutters and drainage paths Trim trees and remove dead limbs Install or test shutters Reinforce garage doors—one of the most common failure points Interior protection: Surge protection for critical electronics Elevate valuables and important documents Know how to shut off water, power, and gas If you own a business, walk your property as if you were a storm: What can break? What can blow away? What can flood? Fix those points now. Build a Realistic, Usable Supply Kit For Your Home or Business A hurricane kit isn’t about stockpiling, it’s about independence. After a major storm, help may take hours or days to reach your area. For homes and families: Water: 1 gallon per person per day (minimum 3–7 days) Non‑perishable food Medications and medical supplies Flashlights, headlamps, and batteries Battery bank for phones First aid kit Copies of important documents Cash in small bills Tools, gloves, tarps, duct tape For businesses: Backup power for essential systems Printed employee contact lists Hard copies of insurance documents A plan for securing inventory and equipment Preparedness isn’t about fear it’s about not being dependent on luck. Protect Your Digital Life In 2026, digital readiness is just as important as physical readiness. Back up important files to the cloud and an external drive Photograph your home, business, and valuables for insurance Store digital copies of IDs, insurance policies, and receipts Keep chargers, power banks, and a small solar panel if possible When the power goes out, your digital preparation keeps you moving. Understand Post‑Storm Safety Most injuries happen after the storm, not during it. Be cautious with: Downed power lines Flooded roads Carbon monoxide from generators Unstable structures Contaminated water If you evacuated, don’t rush home. Wait for official clearance. Your safety comes first. Mindset: Prepared, Not Paranoid Preparedness is a discipline, not a reaction. It’s the same mindset we teach in every Tactical K class awareness, planning, and responsible action. A hurricane is a natural event. Your response is a choice. When you prepare early, you protect: Your family Your property Your business Your peace of mind And you set an example for your community. Kielma’s Parting Shot The 2026 Hurricane Season will bring challenges, just like every season. But Floridians are resilient, and preparation is part of our way of life. Start now. Strengthen your home, your business, and your plan. Build your layers of safety before the first storm forms. If you need help building a plan, creating a checklist, or preparing your family or business, Tactical K Training is here to support you with practical, real‑world guidance.
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