FL: Brevard County Employees may Open Carry at Work

As reported in Florida Today.com, the Brevard County commissioners have amended their employee policy to include the potential for county employees to openly carry firearms while at work. The change is consistent with the appeals court ruling the Florida ban on open carry is unconstitutional under the Second Amendment. On October 16, 2025,  From floridatoday.com : 

BREVARD COUNTY, Fla. — Gun laws are once again a topic ahead of the elections, with Brevard County approving a resolution in hopes to change concealed weapons laws.

The resolution aims to support the expansion of “lawful statewide open carry of firearms.” As District 2 Commissioner Bryan Lober explained, the outline of a gun is enough to alarm someone, so he wants guns out in the open.

On April 24, 2018, it was reported in floridatoday.com the Brevard County commissioners had unanimously changed County policy to allow County employees who have a Florida concealed carry permit, to carry at work. From floridatoday.com: 

VIERA, Fla. – Brevard County employees with a concealed carry permit will be allowed to bring their guns to work, under a policy change unanimously approved this afternoon by county commissioners, News 6 partner Florida Today reported.

“This is a fundamental right,” said County Commissioner John Tobia, who proposed the change in the county’s “Zero Tolerance of Workplace Violence” policy.

Previously, the policy banned county employees who are not in law enforcement or security from bringing their guns to work.

On May 22, 2018, the County commissioners updated the rules to allow “off the body” carry. From floridatoday.com: 

Brevard County commissioners have approved updated rules for county staff to carry weapons at work.

Under the measure, workers with a concealed-carry permit will have more flexible rules for packing while at work.

The change was approved 3-0, with Commissioners Jim Barfield and Curt Smith absent when the vote was taken.

Under the new policy, county employees are allowed to have a gun in a purse, briefcase or backpack, as long as the gun is in their “control at all times.” They also can have the gun in a locked desk or filing cabinet drawer under their control.  

Brevard County employs over 2,200 employees. The changes in County policy restore some of the rights protected by the Second Amendment to local government employees. Lake County in Florida restored some of the rights protected by the Second Amendment to County employees in February of 2018. Several other Counties around the United States have taken similar actions to restore rights to their employees.  South Dakota recently passed a state statute to prevent local governments from infringing on some rights protected by the Second Amendment. The South Dakota bill was signed into law on March 31, 2025. 

Some polities in Florida have been hostile to open carry, even if done legally. From Ammoland, July, 2018: 

 The Miami Beach park ranger, the Miami Beach Police Department officers and the police chief, may be personally liable for violating Florida preemption law in this case. The law has a provision for willful and knowing violation of citizens rights in this area. The decision by the park ranger and the police officers to ignore the law, when presented with it by Michael Taylor, and the written notice given to the police three weeks prior to the event and hours before the event on May 24th, could easily rise to the level of knowing and willful violation of the law

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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