- A Florida appeals court ruled the state’s open carry ban violates the Second Amendment, overturning a 2015 precedent.
- The decision stems from a 2022 arrest of Stanley McDaniels, who carried a holstered pistol in Pensacola.
- Judges cited the 2022 Bruen Supreme Court ruling, which mandates firearm laws align with historical tradition.
- Florida was one of four states—alongside California, Connecticut, and Illinois—with a near-total open carry ban.
- Gov. Ron DeSantis and Attorney General James Uthmeier praised the ruling as a victory for constitutional rights.
TALLAHASSEE, Fla. — In a sweeping victory for Second Amendment advocates, Florida’s First District Court of Appeal struck down the state’s decades-old ban on openly carrying firearms Wednesday, declaring the restriction unconstitutional and incompatible with the nation’s “historical tradition of firearm regulation.” The 3-0 decision reverses the conviction of Stanley Victor McDaniels, a Pensacola man arrested on July 4, 2022, for standing at a downtown intersection with a holstered pistol and a copy of the U.S. Constitution.
The ruling, authored by Judge Stephanie Ray, hinged on the U.S. Supreme Court’s 2022 New York State Rifle & Pistol Association v. Bruen decision, which required firearm regulations to align with the nation’s historical traditions. “Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution,” Ray wrote. “The state therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition. The state has not met that burden.”
Florida had been one of only four states—alongside California, Connecticut, and Illinois—to broadly prohibit open carry, though it allowed concealed carry without a permit. The court’s decision renders Florida Statute Section 790.053 unenforceable, effectively legalizing open carry statewide unless the ruling is overturned on appeal.
The Case That Toppled the Ban: Stanley McDaniels and the Fight for Self-Defense
McDaniels’ arrest in 2022 became the catalyst for challenging Florida’s open carry prohibition. He was charged under a law that criminalized the visible carrying of firearms except in narrow circumstances, such as hunting or fishing. His legal team argued the ban violated the Second Amendment’s guarantee to “keep and bear arms,” a claim the appeals court ultimately affirmed.
“The Constitution protects the right to carry arms openly for self-defense,” the judges wrote. “Florida’s Open Carry Ban cannot be reconciled with that guarantee.”
The ruling underscores a growing judicial trend post-Bruen: courts are increasingly skeptical of firearm restrictions that lack historical precedent. Florida’s 2015 Supreme Court decision upholding the open carry ban—Norman v. State—was effectively nullified by the appeals court, which deemed it inconsistent with Bruen’s originalist framework.
Gov. Ron DeSantis, a vocal proponent of open carry legislation, celebrated the decision as long overdue. “This decision aligns state policy with my long-held position and with the vast majority of states throughout the union,” he said in a statement. “Ultimately, the court correctly ruled that the text of the Second Amendment—‘to keep and bear arms’—says what it means and means what it says.”
Political Reactions: Praise from Conservatives, Caution from Critics
Florida Attorney General James Uthmeier, appointed by DeSantis earlier this year, called the ruling a “big win for the Second Amendment rights of Floridians.” In a post on X, he emphasized the timeliness of the decision: “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
The ruling comes amid heightened national debates over public safety and gun rights, particularly in the wake of high-profile crimes. While conservatives hailed the decision as a restoration of constitutional freedoms, critics expressed concerns about potential public unease. Democratic state Rep. Christine Hunschofsky questioned the practical implications: “I’m not sure if people, when they’re visiting our beautiful beaches or … Disney or Universal, how comfortable they’re going to feel with somebody carrying a large weapon openly.”
Yet for gun rights activists, the decision was a vindication of years of legislative frustration. Former state Rep. Anthony Sabatini, who championed open carry bills during his tenure, took to X to declare: “FLORIDA IS NOW AN OPEN CARRY STATE!” He criticized “fake Republicans” in the Legislature for blocking past reforms, adding, “Thank you to Florida’s 1st District Court of Appeal for standing up for liberty while the Legislature failed.”
What’s Next? Legal Uncertainty and the Path Forward
The state now faces a choice: accept the ruling or appeal to the Florida Supreme Court—or even the U.S. Supreme Court. Uthmeier’s office, which defended the ban, has not yet indicated whether it will challenge the decision. However, the attorney general has previously signaled reluctance to defend firearm laws he deems unconstitutional, including Florida’s ban on long-gun purchases by adults under 21.
If the ruling stands, Florida will join 46 other states that permit open carry in some form. Yet as Chief Financial Officer Blaise Ingoglia noted, the shift does not mean unrestricted firearm displays: “Just because there will be open carry by virtue of the court’s decision does not mean that everyone is going to be open carrying everywhere that they go.”
For now, the decision marks a pivotal moment in Florida’s firearm policy—a victory for Second Amendment purists and a test of the state’s commitment to constitutional originalism.
A Victory for Liberty—and a Warning to Overreaching Governments
The collapse of Florida’s open carry ban is more than a legal technicality; it is a reaffirmation that constitutional rights cannot be eroded by legislative whims or judicial overreach. The Bruen decision has empowered lower courts to demand historical justification for firearm restrictions, and Florida’s ruling proves that even long-standing laws must bow to the Constitution’s plain text.
For Stanley McDaniels, the decision vindicates his peaceful stand on a Pensacola street corner—armed not just with a pistol, but with the words of the Founding Fathers. For Floridians, it restores a right enjoyed by most Americans. And for the nation, it serves as a reminder: the Second Amendment is not a government grant, but a recognition of an inalienable liberty—one that no court, nor legislature, can lawfully strip away.
Sources for this article include:
100percentfedup.com
wesh.com
mysuncoast.com
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