A Florida appeals court ruled on Wednesday that the state’s open carry ban is unconstitutional, citing violations of the Second Amendment. The decision came from the First District Court of Appeal and stemmed from a 2022 case involving Stanley Victor McDaniels, who was arrested for violating the open carry law and later appealed his conviction.
Under existing Florida law, residents are prohibited from openly carrying firearms except in specific situations like hunting or camping. Concealed carry without a permit is legal, but open carry has remained restricted. The court’s opinion stated that the ban conflicts with the Second Amendment’s guarantee of the right to bear arms, emphasizing historical tradition and constitutional text. “The state has not met that burden. It is not enough to rely on a generalized tradition of firearms regulation,” the ruling noted.
Florida Attorney General James Uthmeier praised the decision, calling it a victory for Second Amendment rights. Gov. Ron DeSantis also supported the ruling, stating it aligns with his long-standing position and the majority of states. The court’s opinion highlighted that Florida is one of few states, alongside California, Connecticut, and Illinois, that generally prohibit open carry.
The 2015 Florida Supreme Court upheld the ban, but recent U.S. Supreme Court guidance on historical firearm regulations influenced the current decision. DeSantis has previously urged lawmakers to pass open carry legislation, though no such bill was approved in the last session. The ruling now allows Floridians to openly carry firearms in public, subject to future legislative action.