Can a Florida chief judge ban state attorneys and their investigators from carrying firearms in the courtroom?

Plain-English summary

Florida Attorney General James Uthmeier concluded that an administrative order from the Chief Judge of the Twelfth Judicial Circuit contravenes Florida law to the extent it bars the State Attorney, assistant state attorneys, and investigators from carrying firearms into courtrooms (and judge's chambers, court administration offices, and hearing rooms) while on duty.

The AG's reasoning runs through three statutes. First, § 790.001 defines "law enforcement officer" to include "[a]ll state attorneys and … their respective assistants and investigators." Second, § 790.051 exempts law enforcement officers "from the licensing and penal provisions of [Chapter 790] when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty." Third, § 790.06(12)(a)5. lets a judge regulate who can carry firearms in the judge's courtroom, but that authority reaches "any person," and the AG read law enforcement officers acting in the line of duty as outside that category by virtue of § 790.051.

The AG also relies on the doctrine that judicial inherent authority "is limited by valid existing laws and constitutional provisions," citing Knight v. Chief Judge of Fla.'s Twelfth Jud. Cir., 235 So. 3d 996, 999 (Fla. 2d DCA 2017), and the rule that an administrative order which "attempts to amend a statute or rule by adding terms and conditions … is invalid because it … exceeds the authority granted under Florida Rule of Judicial Administration 2.215(b)."

What this means for you

Florida state attorneys, assistant state attorneys, and prosecutorial investigators

The opinion concludes that § 790.051 exempts these officers from Chapter 790's "licensing and penal provisions" when acting "within the scope or course of their official duties" or "in the line of or performance of duty," and reads that exemption as reaching § 790.06(12)(a)'s courtroom restriction. The AG identifies the Twelfth Circuit's Administrative Order 2025-03.2 (as amended by 2025-03a.2) as conflicting with Florida law to the extent it prohibits these officers from carrying firearms in the listed court facilities while on duty.

Chief judges and court administrators issuing courthouse-security orders

The AG identifies the doctrinal limits on judicial inherent authority: it "unquestionably includes the power to issue an administrative order directing the security of court facilities" (citing Knight) but "cannot be contrary to any express grant of or limitation on the … court's power contained in a rule or statute." The AG also identifies Florida Rule of Judicial Administration 2.215(b) as not authorizing an administrative order that adds terms and conditions to a statute.

Judicial security and sheriff's offices managing courthouse firearm protocols

The opinion treats state attorneys, assistant state attorneys, and investigators as falling within the § 790.001 definition of "law enforcement officer" and within the § 790.051 exemption when acting in the line of duty. The opinion does not separately analyze procedures applicable to law enforcement officers from other agencies.

Criminal defense attorneys

The opinion analyzes only the statutory category that includes state attorneys, assistant state attorneys, and investigators. It does not analyze or change rules applicable to defense counsel.

Common questions

Q: Who is a "law enforcement officer" under § 790.001 for purposes of the § 790.051 exemption?
A: The AG quotes the definition as including "[a]ll state attorneys and … their respective assistants and investigators." The AG also notes that the office "has previously recognized that assistant state attorneys are law enforcement officers for purposes of section 790.051."

Q: Does the § 790.051 exemption apply when the prosecutor is off duty?
A: The exemption applies "when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty." The AG does not separately analyze off-duty carriage in this opinion.

Q: Can the chief judge regulate firearms in the courtroom for anyone else?
A: Yes. The AG identifies § 790.06(12)(a)5. as expressly contemplating the judge's authority to "determine who [can] carry a concealed weapon or concealed firearm in his or her courtroom." The AG's analysis distinguishes that authority over "any person" from the § 790.051 exemption that the AG reads as covering on-duty law enforcement officers.

Q: What about other court facilities (chambers, court administration, hearing rooms)?
A: The Twelfth Circuit's Administrative Order extended the prohibition beyond courtrooms to chambers, administration offices, and hearing rooms in the same building. The AG concluded that the Order "conflicts with and contravenes Florida law on whether state attorneys, assistant state attorneys, and investigators can carry firearms into a courtroom, not to mention the other court facility locations identified in the Chief Judge's Order."

Q: Does this opinion invalidate the chief judge's administrative order automatically?
A: No. AG opinions are persuasive, not binding. The AG concluded the Order contravenes Florida law, but the Order itself remains in effect until vacated through judicial review.

Background and statutory framework

The opinion arises from the Twelfth Judicial Circuit Chief Judge's Administrative Order 2025-03.2, issued May 6, 2025, and amended September 25, 2025 (after McDaniels v. State, 2025 WL 2608688 (Fla. 1st DCA Sept. 10, 2025)). The Order allows the State Attorney, assistant state attorneys, and investigators to "carry firearms into and out of court facilities where their offices are located in the same court facility," but fully bars them from "firearms into a judge's chambers, court administration offices, courtrooms or hearing rooms housed in the same building as their office," and requires firearms to be locked in a desk or container in the individual's office or in a locked container near the entrance of a facility without State Attorney Offices.

The AG's analysis pivots on three statutes:

1. Section 790.06(12)(a)5. authorizes the Department of Agriculture and Consumer Services to issue concealed-carry licenses and identifies courtrooms as a restricted location, while also recognizing the judge's authority to determine who carries in the judge's own courtroom.

2. Section 790.051 exempts law enforcement officers from Chapter 790's "licensing and penal provisions" when acting in the scope or course of, or in the line of or performance of, official duty.

3. Section 790.001 defines "law enforcement officer" to include all state attorneys and their assistants and investigators.

The AG reads § 790.051 as displacing § 790.06(12)(a)'s courtroom restriction for law enforcement officers acting in the line of duty, so the Chief Judge's order, which prohibits even on-duty carriage by these officers, conflicts with the statute.

Citations and references

Statutes:
- § 16.08, Fla. Stat. (Opinions to state attorneys)
- § 790.001, Fla. Stat. (Definitions)
- § 790.051, Fla. Stat. (Exception)
- § 790.06, Fla. Stat. (Concealed carry license)
- § 790.053, Fla. Stat. (Open carry)

Cases:
- McDaniels v. State, 2025 WL 2608688 (Fla. 1st DCA Sept. 10, 2025), referenced in connection with the Order's September 2025 amendment
- Knight v. Chief Judge of Fla.'s Twelfth Jud. Cir., 235 So. 3d 996 (Fla. 2d DCA 2017), inherent authority over courthouse security

Source

• Original PDF: https://www.myfloridalegal.com/print/pdf/node/28042

Original opinion text

Ed Brodsky
Office of the State Attorney, Twelfth Judicial Circuit, Florida
2071 Ringling Boulevard
Sarasota, Florida 34237

Dear Mr. Brodsky:

My office received your letter, dated June 3, 2025, requesting my legal opinion on a question of Florida law. You ask substantially the following question: Whether an Administrative Order by the Chief Judge of the Twelfth Judicial Circuit contravenes Florida law by preventing the state attorney, assistant state attorneys, and investigators with Active Law Enforcement Certification from carrying a firearm into any courtroom while they are on-duty and engaged in the lawful performance of their duties.

In short, my answer is yes. Under Florida law, state attorneys, assistant state attorneys, and investigators may carry firearms into courtrooms when they are acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty. Because the Chief Judge's Administrative Order prevents the state attorney, assistant state attorneys, and investigators from carrying a firearm into any courtroom while they are acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty, the Administrative Order entered by the Chief Judge contravened Florida law.

Background

On May 6, 2025, the Chief Judge of the Twelfth Judicial Circuit published Administrative Order 2025-03.2. This order, in relevant part, issued new rules concerning where the Twelfth Judicial Circuit's State Attorney (Ed Brodsky), assistant state attorneys, and investigators can carry firearms. On September 25, 2025, following the First District Court of Appeal's decision in McDaniels v. State, the Chief Judge entered Administrative Order 2025-03a.2, amending Administrative Order 2025-03.2.

The Order allows "[t]he 12th Circuit State Attorney, assistant state attorneys and investigators employed by the State Attorney … to carry firearms into and out of court facilities where their offices are located in the same court facility." However, the Order fully bars them from carrying "firearms into a judge's chambers, court administration offices, courtrooms or hearing rooms housed in the same building as their office." The Order also requires that "when the firearms are not on the individual's person, those firearms must be housed in a locked desk or other locked container in the individual's office." Furthermore, when the "State Attorney, all 12th Circuit assistant state attorneys, and investigators" enter "into a court facility that does not house State Attorney Offices," they "are required to check and store their firearms in locked containers near the entrance that are approved by the court and managed by Judicial Security." And "[t]he firearms shall be secured, accessed, and retrieved upon conclusion of their official business, according to the rules and procedures established by the Sheriff."

The work of state attorneys is performed closely with law enforcement to ensure public safety. You highlighted that self-defense is important to state attorneys because it is common for state attorneys and their staff to receive threats from criminal defendants and their families and friends. 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.

Analysis

Chapter 790, Florida Statutes, regulates the carrying and licensing of firearms and weapons in the State of Florida. Section 790.06, Florida Statutes, authorizes the Department of Agriculture and Consumer Services to issue licenses to individuals to carry concealed weapons or concealed firearms. That section identifies several locations where Floridians may not be authorized "to openly carry a handgun or carry a concealed weapon or concealed firearm." One such location is "[a]ny courtroom." That section further explains that a judge may still determine "who [can] carry a concealed weapon or concealed firearm in his or her courtroom."

However, section 790.051, Florida Statutes, provides a broad exemption from Chapter 790. Specifically, section 790.051 exempts "[l]aw enforcement officers ... from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty." And section 790.001, Florida Statutes, defines a "law enforcement officer" as: "All state attorneys and … their respective assistants and investigators." My office has previously recognized that assistant state attorneys are law enforcement officers for purposes of section 790.051. Not only are state attorneys, assistant state attorneys, and their investigators exempt from Chapter 790's various regulatory restrictions because they are law enforcement officers, that chapter also affords them the affirmative right to "own, possess, and lawfully use firearms … for lawful purposes" when "carrying out official duties."

So, while section 790.06(12)(a)5. empowers judges to deauthorize "any person" from "openly carry[ing] a handgun or carry[ing] a concealed weapon or concealed firearm into any courtroom," law enforcement officers, including state attorneys, assistant state attorneys, and investigators, do not fall within the definition of "any person." This is because state attorneys, assistant state attorneys, and investigators are exempt from section 790.06(12)(a), and Chapter 790's licensing and penal provisions, writ large, when acting within the scope or course of their official duties or when acting at any time in the line of or performance of duty.

The Chief Judge's Administrative Order therefore proscribes what Chapter 790 explicitly allows. The Order plainly prevents the State Attorney, assistant state attorneys, and investigators (State Attorney Staff) from carrying "firearms into a judge's chambers, court administration offices, courtrooms or hearing rooms housed in the same building as their office." As explained above, state attorneys, assistant state attorneys, and investigators are "law enforcement officers" who, under section 790.051, are exempt from Chapter 790's licensing and penal provisions when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty. Accordingly, the Chief Judge's Administrative Order conflicts with and contravenes Florida law on whether state attorneys, assistant state attorneys, and investigators can carry firearms into a courtroom, not to mention the other court facility locations identified in the Chief Judge's Order.

While true that the judiciary as a co-equal branch of government possesses "inherent power to do all things that are reasonably necessary for the administration of justice within the scope of its jurisdiction," that power is limited by "valid existing laws and constitutional provisions." The judiciary's inherent power unquestionably includes "the power to issue an administrative order directing the security of court facilities," Knight v. Chief Judge of Fla.'s Twelfth Jud. Cir., 235 So. 3d 996, 999 (Fla. 2d DCA 2017), but the Supreme Court of the United States has explained that "the exercise of an inherent power cannot be contrary to any express grant of or limitation on the ... court's power contained in a rule or statute." And in Florida, "[i]f a chief judge issues an administrative order which attempts to amend a statute or rule by adding terms and conditions, that administrative order is invalid because it … exceeds the authority granted under Florida Rule of Judicial Administration 2.215(b)." As explained above, the Chief Judge's Administrative Order runs headlong into Chapter 790's contrary provisions. And no other statute, rule, or authority cited in the Order authorizes the Chief Judge's exacting firearm regulation scheme for the State Attorney, assistant state attorneys, and their investigators.

Conclusion

Here, the Chief Judge's Administrative Order clearly conflicts with and attempts to amend Florida law. It prohibits the State Attorney, assistant state attorneys, and investigators from doing what Florida law unequivocally authorizes them to do. They may, per statute, carry firearms when performing official duties. And while section 790.06(12) contemplates a Chief Judge's ability to regulate the carrying of firearms in courthouses and courtrooms, the State Attorney, assistant state attorneys, and investigators plainly fall outside that statute's permissible regulatory sweep. Accordingly, because the Chief Judge's Administrative Order conflicts with and attempts to amend Florida law, the Order cannot lawfully prohibit the State Attorney, assistant state attorneys, and their investigators from carrying firearms in the Twelfth Circuit's courtrooms.

Sincerely,

James Uthmeier
Attorney General