MIAMI, FL – A former Miami police chief warned that Florida’s new open carry landscape could create deadly confusion, even for lawful gun owners. That risk exists in fast-moving incidents where multiple people are armed, but the historical record shows these tragedies are uncommon and tied to misidentification or perceived imminent threat rather than a holstered handgun on a hip.
Former Miami Police Chief Jorge Colina told reporters, “Open carry can cause confusion at a crime scene when multiple weapons are visible. This can lead to a justified shooting of an innocent gun owner by a cop or bystander who feels threatened.” He also added that while he does not believe the law will turn Florida into the “Wild West,” the fact that both long guns and handguns can be carried openly may increase the risks in chaotic situations.
Florida’s status first. As of Sept. 15, 2025, the Florida attorney general told agencies to follow a 1st District Court of Appeal ruling that struck down the state’s open carry ban. His guidance says open carry is now the law statewide, while long-standing location bans still apply, including schools and courthouses. In other words, open carry is legal in Florida, but not everywhere.
Florida law still prohibits firearms on K-12 school property, regardless of whether the gun is a handgun or a long gun. Courthouses also remain off-limits. Claims of a “long-gun loophole” for gun-free zones are not supported by the statutes.
Florida also retains its brandishing rule. Simply carrying openly is not a crime; exhibiting a weapon in a rude, careless, angry, or threatening manner is. That is the legal line between lawful open carry and criminal conduct.
Documented times police shot the “wrong” armed person
Below are well-documented cases where police shot an armed person who was not the offender. These illustrate the narrow scenarios the chief is describing: chaotic scenes, multiple weapons visible, and split-second judgments.
- Emantic “EJ” Bradford Jr. – Hoover, Alabama, 2018 – Legally armed bystander shot and killed by an officer during a mall shooting response. Investigators later determined Bradford was not the initial shooter. The state AG declined charges against the officer.
- Johnny Hurley – Arvada, Colorado, 2021 – A concealed carrier stopped a murderer, then was shot by a responding officer who mistook him for the killer. Prosecutors found the officer’s use of force legally justified; the city later settled with Hurley’s family.
- Jemel Roberson – Robbins/Midlothian, Illinois, 2018 – Armed security guard detained a gunman at a bar and was shot by a responding officer amid the confusion. Prosecutors declined charges; official memo details the decision.
- John Crawford III – Beavercreek, Ohio, 2014 – Shot inside Walmart while holding an air rifle taken from a shelf in an open-carry state. DOJ declined federal charges, and the city later reached a civil settlement with his family.
- Philando Castile – Falcon Heights, Minnesota, 2016 – Licensed concealed carrier shot during a traffic stop after informing the officer he had a firearm. The officer was acquitted at trial.
- Andrew Scott – Lake County, Florida, 2012 – Answered a late-night knock without knowing it was police. He had a handgun in his hand and was shot; courts later ruled in favor of the deputy. Not an open-carry stop, but a cautionary Florida example of misidentification risk when a gun is visible.
These incidents are tragic outliers measured against the millions of law-abiding carriers who interact with police every year without violence. There is no comprehensive national database isolating “innocent person shot by police solely for lawful carry,” but media and court records show that when it happens, it nearly always involves one of three patterns: 1) an active crime scene with multiple armed actors, 2) a dispatch of “man with a gun” that primes officers to expect an imminent attack, or 3) a stop where communication breaks down at the moment hands are moving. The Hurley, Bradford, Roberson, Crawford, and Castile cases map directly to those patterns.
Does a holstered handgun make you a “justified” target?
In states where open carry is legal, mere possession is not grounds for deadly force. Officers must reasonably perceive an imminent threat of death or great bodily harm. Florida’s improper exhibition statute underscores that difference between presence and threat, and the attorney general’s open-carry guidance specifically noted that other firearm restrictions remain in force, not that visible carry authorizes use of force against the carrier.
Put plainly, walking with a holstered pistol on your hip is not, by itself, a legal justification to shoot you. The rare wrongful-shoot cases above were driven by misidentification or the belief that the armed person was about to shoot. That is not the same as saying an officer is justified in shooting someone simply for open carrying.
What about bystanders shooting an open carrier?
I searched for verified cases of a bystander shooting someone solely because the person was open carrying without other threatening behavior. I did not find credible, well-sourced examples. Incidents that get cited online almost always involve robberies, fights, or active-shooter chaos, not a bystander reacting to a quiet, holstered firearm. Absence of evidence is not proof it never happens, but examples are not showing up in court records or major-outlet reporting.
Practical takeaways for Florida open carriers
- Expect possible “man with a gun” calls until open carry normalizes. Respond calmly if contacted and keep hands visible.
- Do not handle your firearm around police. If approached, communicate clearly and avoid reaching motions.
- Respect posted private property and statutory no-carry locations. Schools and courthouses are still off-limits.
- Remember Florida’s improper exhibition rule. Your attitude and hands matter as much as your holster.
The lesson is not that open carry puts a lawful gun owner at risk by default. Rather, the rare dangers arise in moments of confusion. Armed citizens who practice clear communication and de-escalation, and who understand how officers interpret threat cues, greatly reduce the chance of a tragic misunderstanding while exercising their rights responsibly. Of course, in a constitutional carry state like Florida, you can also avoid these risks altogether by choosing to carry concealed. That does not mean anyone should shy away from exercising their right to open carry, but it is worth weighing these considerations when deciding how to carry.
Find this article on USA Carry.
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