Florida Attorney General James Uthmeier has declared that judges cannot legally stop state attorneys or their staff from carrying firearms in courtrooms.
In an Oct. 20 advisory letter posted on the attorney general’s website, Uthmeier told Sarasota State Attorney Ed Brodsky that he and his team have the right to carry guns in courtrooms, despite a September order from the Chief Judge of the Twelfth Judicial Circuit prohibiting it.
“The Chief Judge’s Administrative Order clearly conflicts with and attempts to amend Florida law,” Uthmeier wrote, arguing that the circuit had “contravened” state law. While his opinions aren’t legally binding, courts are required to consider them in future litigation.
“The Order cannot lawfully prohibit the State Attorney, assistant state attorneys, and their investigators from carrying firearms in the Twelfth Circuit’s courtrooms,” he added.
Uthmeier explained that while Florida law allows judges to restrict “any person” from bringing weapons into court, that term does not apply to state attorneys or their investigators, whom he considers part of law enforcement.
“Law enforcement officers — including state attorneys, assistant state attorneys, and investigators — do not fall within the definition of ‘any person,’” he said.
This opinion aligns with Uthmeier’s strong pro-gun rights stance since Gov. Ron DeSantis appointed him attorney general in February. He previously declined to defend a decades-old open-carry ban that the First District Court of Appeal struck down as unconstitutional and urged lawmakers to update state law accordingly.
The decision sparked a response from Florida Supreme Court Chief Justice Carlos Muñiz, who reminded that the ruling did not affect the Supreme Court’s weapons policy, which only allows Marshal’s Office members to carry guns inside the courthouse.
Uthmeier also said he would not defend a Parkland-era law lowering the gun-buying age if it reaches the state’s high court. Meanwhile, House Republicans are again considering whether to reduce the purchasing age to 21, while the state Senate has largely avoided gun law debates since the 2018 Marjory Stoneman Douglas High School shooting.
Why Uthmeier Issued the Opinion
The issue began when Judge Diana Moreland imposed new restrictions on where prosecutors could carry guns. Her order allowed state attorneys and their staff to carry firearms only inside facilities where their offices are located — not in courthouses without their offices or inside courtrooms. Moreland presides over cases in Sarasota, Manatee, and DeSoto counties.
Brodsky objected and asked Uthmeier for clarification. As Florida’s top legal officer, Uthmeier can issue advisory opinions that, while not binding, often influence future court decisions.
Citing a 1988 opinion from former Attorney General Robert Butterworth to then-State Attorney Janet Reno, Uthmeier noted that prosecutors are recognized as law enforcement officers who can carry weapons in their official roles.
“The Florida legislature has recognized the importance of the safety of prosecutors by giving them the right to arm themselves in the course of their official duties,” Uthmeier wrote.
He concluded that while judges can regulate firearms in courthouses, state attorneys, their assistants, and investigators are exempt from those restrictions.
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