Florida Grocery Chain Backtracks on Allowing Open Firearm Carry

Publix reversed its earlier Florida policy that had allowed customers to openly carry firearms. New in-store signage (and an updated statement on Publix’s website) now asks that only law enforcement openly carry firearms inside Publix stores.

According to reports, the change followed an incident in Miramar, Florida, were a firearm was accidentally discharged at a publix location; no injuries were reported, and it was unclear whether open carry was involved.A legal commentary cited in the article says private businesses can set rules for conduct on their property even when firearms might potentially be lawful under state law, framing the issue largely as one of private property rights. The article also notes that Florida guidance described firearmand trespass penalties for violating a store’s warning to leave.




Publix is no longer allowing customers to open carry their firearms in their Florida stores, marking a reversal of its policy.

The grocery chain previously let customers practice open carry, but new signage in their stores now says “Publix kindly asks that only law enforcement openly carry firearms in our stores,” per a report from the New York Post.

The same warning appears on Publix’s website, confirming the reversal of the open carry policy publicized in September.

The Miami Herald reported that the reversal comes after a person accidentally discharged a firearm at a Publix location in Miramar, Florida.

Nobody was injured, and it was not confirmed whether the person who discharged the weapon was practicing open carry.

No other major incidents were reported during the months Publix allowed customers to openly carry their firearms.

Judge Tarlika Nunez-Navarro, a former Florida Circuit Court judge, told the New York Post that “even in states with broad firearm protections, private businesses still generally have the right to set rules for conduct inside their stores.”

“So legally, Publix can ask customers not to openly carry firearms on its property, even if certain forms of firearm possession may otherwise be lawful under Florida law,” she added.

The Publix decision is “more of a private property issue” than a matter of Second Amendment liberties, the judge continued.

“What makes these situations legally interesting is that businesses are trying to balance two different rights at the same time — firearm rights on one hand and private property rights on the other,” she said.

“Courts have long recognized that businesses can establish policies they believe are necessary for safety and operations inside their own stores.”

Fox Business reported that many other major retailers, such as Walmart, Target, Costco, Winn-Dixie, and Sam’s Club, ask customers not to bring firearms into their stores.

A guidance memorandum from Florida Attorney General James Uthmeier confirms that “any person carrying a firearm who violates the private property owner’s warning to depart will be committing armed trespass, a third-degree felony,” per Fox Business.

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