Can a Florida police chief direct or permit firefighters to openly carry firearms during emergency responses?

Plain-English summary

Crestview Police Chief Tony Taylor wrote to the Florida AG's office asking, in substance, whether he could direct or permit firefighters to openly carry firearms during emergencies. Senior Assistant AG Gerry Hammond declined to issue an opinion on behalf of AG Pam Bondi, and the reason for the decline is the practical heart of this letter.

Under section 16.01(3), Florida Statutes, the Florida AG issues formal legal opinions only to public officers about their own duties and responsibilities. A municipal police chief generally has no statutory authority over firefighters, so the question was not about the chief's own duties; it was about another department's personnel. That made it outside the AG's opinion-writing function.

The letter still offered helpful pointers. Florida's concealed-weapon prohibited-place statute, section 790.06(12)(a), Florida Statutes, lists places where licensed concealed carry is forbidden (police stations, courthouses, schools, airports, and the like), and the letter pointed out that it "contains no exceptions" beyond the LEO licensing exemption in section 790.051. So an unlicensed firefighter cannot generally carry; a licensed firefighter is bound by the prohibited-place rules; and only law-enforcement officers get the broader carry exemption.

The letter's real recommendation was a mutual aid agreement under section 23.1225, Florida Statutes. That is the standard Florida vehicle for one law-enforcement agency to provide armed support to another agency, or to respond across jurisdictional lines in an emergency. A mutual-aid framework would let Crestview formally request armed assistance from another LEO agency without trying to deputize or arm non-LEO personnel.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Section 16.01(3), Florida Statutes, sets the scope of the AG's formal-opinion authority: opinions go to public officers on their own duties. When a question falls outside that scope, the AG's office routinely declines, sometimes with informal guidance rather than a refusal in full. This 2016 letter is the informal-guidance form.

Florida's concealed-weapon licensing scheme had the following relevant provisions at the time:

• Section 790.06(12)(a): a concealed-weapon license does not authorize a person to openly carry a handgun, and does not authorize carry into a long list of places (police stations, courthouses, schools, airports, etc.). The list "contains no exceptions" beyond what the statute itself states.
• Section 790.051: exempts law enforcement officers from the licensing requirements that apply to civilians. The exemption is narrow and tied to LEO status.
• Section 790.145: prohibits firearms in pharmacies, with an exception for law enforcement officers.

Florida's Mutual Aid Act (section 23.1225) is the bridging mechanism. Subsection (1)(b) provides for a "requested operational assistance written agreement for rendering assistance in a law enforcement emergency," which gives one LEO agency the formal legal basis to provide armed assistance to another. The letter pointed to a number of AG opinions that had addressed mutual aid agreements (e.g., AGO 99-22, 99-62, 97-45, 90-84, 2005-26, 2012-46).

A police chief's authority over firefighters is also relevant. Most Florida municipalities organize fire-rescue separately from police, with a fire chief reporting to the city manager or council. Without express municipal authority, a police chief does not direct fire-department personnel. That structural fact was the primary reason the AG declined to opine.

Common questions

Q: Could a Florida police chief in 2016 direct firefighters to carry firearms?
A: The AG's office declined to address that question because a police chief generally lacks statutory authority over firefighter duties. Any direction would have to come from the chain of command actually responsible for firefighters (typically the fire chief and city manager), and would have to comply with state firearm-licensing law.

Q: Could a licensed firefighter carry under a concealed-weapon license while on duty at a fire scene?
A: At the time of this opinion, a licensee was bound by section 790.06(12)(a)'s prohibited-place list. Police stations, courthouses, schools, airports, and other listed locations were off-limits. The statute did not have an exception for first responders other than LEOs.

Q: What did section 790.051 do for law enforcement officers?
A: It exempted LEOs from the concealed-weapon licensing requirements that civilians have to meet. The exemption was based on LEO status, not on the nature of the emergency.

Q: What is a mutual aid agreement under section 23.1225?
A: A written agreement between two LEO agencies that lets one agency provide assistance to the other across jurisdictional lines. It comes in two flavors: a "voluntary cooperation" agreement for routine operations and a "requested operational assistance" agreement under (1)(b) specifically for emergencies.

Q: Why was a mutual aid agreement the better path?
A: It keeps armed responders inside the LEO chain of authority (and inside Florida's LEO firearm framework), provides clear legal authority to act in another jurisdiction, and avoids the issue of trying to arm non-LEO firefighters. The AG's letter recommended exploring it.

Q: What was section 790.145?
A: A statute prohibiting firearms in pharmacies. The letter cited it as another example of a categorical firearm-location prohibition with a LEO-only exception, reinforcing the broader point that Florida law tightly cabined non-LEO firearm carry.

Citations and references

Statutes:

• § 16.01(3), Fla. Stat. (AG advisory opinions)
• § 790.06(12)(a), Fla. Stat. (Concealed weapon license, prohibited places)
• § 790.051, Fla. Stat. (LEO licensing exemption)
• § 790.145, Fla. Stat. (Firearms in pharmacies)
• § 23.1225, Fla. Stat. (Florida Mutual Aid Act)

Prior AG opinions referenced:

• Op. Att'y Gen. Fla. 90-84 (1990)
• Op. Att'y Gen. Fla. 97-45 (1997)
• Op. Att'y Gen. Fla. 99-22 (1999)
• Op. Att'y Gen. Fla. 99-62 (1999)
• Op. Att'y Gen. Fla. 2005-26
• Op. Att'y Gen. Fla. 2012-46

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/firearms-firefighters-police-chief
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8055

Original opinion text

Chief Tony R. Taylor

City of Crestview Police Department

201 Stillwell Boulevard

Crestview, Florida 32539

Dear Chief Taylor:

Thank you for contacting the Florida Attorney General's Office regarding your authority, as Chief of Police, to direct or permit firefighters in emergency situations to openly carry firearms. Attorney General Bondi has asked me to respond to your letter.

After reviewing the information you have submitted, it does not appear that this is a matter upon which this office will comment. The Florida Attorney General is statutorily authorized to provide legal advice and opinions to governmental officers on their own duties and responsibilities. See section 16.01(3), Florida Statutes, and Department of Legal Affairs Statement Concerning Attorney General Opinions (copies enclosed). As it is unclear that a municipal police chief has any statutory authority to direct firefighters in the performance of their duties, no comment will be expressed on this matter.

Further, I would note that section 790.06(12)(a), Florida Statutes, which provides that a license to carry a concealed weapon or firearm does not authorize any person to openly carry an handgun or carry a concealed weapon or firearm into police stations, courthouses, schools, airports, etc., contains no exceptions.[1] However, section 790.051, Florida Statutes, provides an exemption from licensing requirements for law enforcement officers. In light of these statutory provisions you may wish to consider whether a mutual aid agreement between law enforcement agencies may better meet your needs in planning to respond to emergency situations.[2] This office has issued a number of Attorney General's Opinions discussing such mutual aid agreements[3] and these are available at www.myfloridalegal.com. This website contains a searchable database of Attorney General Opinions dating from 1974 and using a search term such as "mutual aid agreement" or a statutory citation such as "23.1225", may produce some helpful information on this topic.

I regret that this office could not be of more direct assistance to you in this matter, but trust you will understand that our inability to comment is the result of statutory limitations not a lack of concern.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

Enclosures: s. 16.01(3), Fla. Stat.

            Policy Statement

[1] And see s. 790.145, Fla. Stat., prohibiting the possession of firearms in pharmacies and providing an exception for law enforcement officers.

[2] See s. 23.1225(1)(b), Fla. Stat., providing for a requested operational assistance written agreement for rendering assistance in a law enforcement emergency.

[3] See e.g., Ops. Att'y Gen. Fla. 99-62 (1999), 99-22 (1999), 97-45 (1997), 90-84 (1990), 2005-26, and 2012-46.