Florida appeals court finds open carry ban unconstitutional

 September 12, 2025

In a landmark ruling, a Florida appeals court declared the state's ban on openly carrying firearms unconstitutional, as Reason reports.

The First District Court of Appeal found that the 1987 law prohibiting open carry violates the Second Amendment.

The controversy began with Stanley Victor McDaniels, who challenged the state law by openly carrying a firearm in public.

Genesis of state's open carry ban

Enacted in 1987 as Section 790.053 of the Florida Statutes, the law categorically prohibited the open carry of firearms, aligning Florida with a minority of states with similar stringent restrictions.

McDaniels was arrested in July 2022 after he was seen with a handgun in downtown Pensacola, instigating a legal review of the open carry restrictions.

McDaniels faced charges under the specific statute, which treats open carrying as a misdemeanor, punishable by up to 60 days in jail and a $500 fine, albeit with certain exceptions.

Unpacking the ruling

Judge Stephanie Ray, in a unanimous opinion, stated, "The Constitution protects the right to carry arms openly for self-defense," aligning the court's stance with historical interpretations favoring open carry rights.

Further clarifying, Ray added, "Florida's Open Carry Ban cannot be reconciled with that guarantee," marking a significant judicial shift from previous rulings.

Historical precedents and the recent shift in U.S. Supreme Court views, particularly following the New York State Rifle & Pistol Association v. Bruen decision, influenced the court's ruling by emphasizing a historical constant in firearm regulation rather than intermittent scrutiny.

Reactions pour in, further implications awaited

The court's decision resurrects the longstanding debate between open and concealed carry, affirming the traditional legal standing of the former in alignment with Second Amendment rights.

Florida Attorney General James Uthmeier lauded the ruling, announcing that the decision invalidates the open carry ban statewide, heralding it as a victory for gun rights in Florida.

Uthmeier expressed robust support for the judgment, suggesting sweeping statewide changes in enforcement and potentially inspiring similar legal reevaluations across other states with comparable prohibitions.

Looking ahead to what's next

This pivotal decision may catalyze a reevaluation of gun laws not only within Florida but also in other states with stringent open carry bans, indicating possible widespread shifts in gun law enforcement.

The ruling opens the door for more robust debates and potential challenges in states where open carry is heavily restricted, signaling a dynamic recalibration of firearm regulations nationwide.

As stakeholders prepare for changes, both the enforcement bodies and the citizenry in Florida are bracing for adjustments to how firearms are publicly handled and regulated within the state.

DON'T WAIT.

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