TALLAHASSEE, Fla. — A Florida appeals court has struck down the state’s decades-old ban on the open carrying of firearms, ruling the prohibition violates the Second Amendment.
In a decision released Wednesday, the First District Court of Appeals reversed the conviction of Stanley Victor McDaniels, a Pensacola man arrested after openly carrying a holstered handgun during a July 4th demonstration in 2022.
Judge Stephanie Ray, writing for a unanimous three-judge panel, said Florida’s law “cannot be reconciled” with the U.S. Constitution.
“The Constitution protects the right to carry arms openly for self-defense,” Ray wrote. “Florida’s Open Carry Ban cannot be reconciled with that guarantee. Section 790.053, Florida Statutes, is therefore declared unconstitutional.”
Background of the Case
McDaniels had been standing at a downtown intersection with a visible holstered handgun and a copy of the U.S. Constitution, waving to cars while recording himself on camera. Police later charged him with violating Florida’s 1987 open-carry statute, one of the strictest in the nation. He was convicted and sentenced to probation and community service, though his sentence was stayed pending appeal.
He argued the law violated his Second Amendment rights. The trial judge disagreed but certified the issue as one of “great public importance,” sending the case up to the appeals court.
Court’s Reasoning
Florida’s ban made it a second-degree misdemeanor to openly carry a firearm, with narrow exceptions for activities like hunting and fishing. The court said that approach was far outside the nation’s historical tradition of gun regulation.
The panel relied heavily on the U.S. Supreme Court’s 2022 Bruen decision, which required judges to assess gun laws based on text, history, and tradition rather than balancing public safety against individual rights.
The court found no historical precedent for a categorical ban on open carry. Instead, it said 19th-century courts and legislatures generally treated open carry as the preferred and constitutionally protected method of bearing arms, while restricting or prohibiting concealed carry.
State Reaction
Attorney General James Uthmeier, whose office defended the statute in court, quickly welcomed the decision.
In a post on social media Wednesday afternoon, Uthmeier wrote: “Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide,” said Uthmeier. “Our office fully supports the Court’s decision. This is a big win for the Second Amendment rights of Floridians. As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
A Shift From 2017
The decision marks a sharp reversal from just eight years ago. In 2017, the Florida Supreme Court upheld the state’s open-carry prohibition, ruling it did not violate either the U.S. or Florida constitutions. The justices at the time said the law was substantially related to the state’s interest in public safety and that Floridians still had broad access to firearms through the state’s concealed-carry licensing system.
What’s Next
The ruling immediately vacates McDaniels’ conviction and reverses his sentence. It also calls into question the enforceability of Florida’s open-carry law statewide, potentially making Florida the latest state to allow open display of firearms in public.
The state could still seek further review, either by requesting a rehearing or appealing to the Florida Supreme Court.
For now, the decision marks a major shift in Florida gun law, placing it more in line with the majority of states that already allow open carry.
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