TALLAHASSEE, Fla. – Florida’s nearly 40-year-old ban on the open carry of firearms has been struck down as unconstitutional in a unanimous ruling by a three-judge panel of the First District Court of Appeal. The ruling vacates the conviction of Pensacola activist Stanley V. McDaniels and declares the law inconsistent with the Second Amendment and America’s historical tradition of gun rights.
The Case of Stanley McDaniels
McDaniels was arrested on July 4, 2022, while standing at a Pensacola intersection holding a copy of the U.S. Constitution in one hand and waving to cars with the other. He carried a holstered handgun inside his waistband, visible to passersby. Although cooperative with the police and licensed for concealed carry, he was charged with violating Florida’s open carry ban, convicted, and sentenced to probation and community service.
McDaniels, backed by Florida Carry and represented by attorneys Eric Friday and Chris Crawford, appealed the conviction. The case drew support from national gun rights groups, including Gun Owners of America and attorneys connected with the Second Amendment Foundation.
The Court’s Reasoning
Writing for the court, Judge Stephanie W. Ray said bluntly:
“No historical tradition supports Florida’s open carry ban. To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly”.
The 20-page opinion [embedded below] emphasized that open carry was historically recognized as the lawful and preferred method of bearing arms, while concealed carry was often restricted. The judges declared the law unconstitutional, vacated McDaniels’ conviction, and reversed his sentence.
National & State Reactions
Florida Attorney General James Uthmeier praised the ruling, posting on X:
“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.”
Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide. 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…
— Attorney General James Uthmeier (@AGJamesUthmeier) September 10, 2025
Governor Ron DeSantis amplified Uthmeier’s comments, adding:
“The decision aligns state policy with my long-held position and with the vast majority of states throughout the union. 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.”
This decision aligns state policy with my long-held position and with the vast majority of states throughout the union.
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. https://t.co/fOi1AjsPvS
— Ron DeSantis (@GovRonDeSantis) September 10, 2025
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) also celebrated.
“This is a huge victory for Florida gun owners, and especially for our friends at Florida Carry,” said Chairman Alan Gottlieb, calling on the Florida Supreme Court to swiftly uphold the ruling.
A Shift in Florida’s Gun Laws
Florida enacted the open carry ban in 1987, making it a second-degree misdemeanor to openly carry a firearm. While concealed carry permits were widely available, open carry remained prohibited except in narrow situations like hunting or fishing. In 2017, the Florida Supreme Court upheld the ban under a legal test that allowed broad legislative restrictions.
However, the U.S. Supreme Court’s 2022 Bruen decision rejected that “means-end” balancing test and required laws to fit within America’s historical tradition of firearm regulation. Applying Bruen, the Florida appellate judges found no historical precedent to justify a blanket ban.
Judge Ray concluded:
“The Constitution protects the right to carry arms openly for self-defense. Florida’s Open Carry Ban cannot be reconciled with that guarantee”.
What Happens Next
The ruling is not final until the window for further motions closes in 15 days. While the state could appeal, Attorney General Uthmeier has indicated he supports the outcome. If upheld, Florida would join the vast majority of states where law-abiding citizens may openly carry firearms in public.
CCRKBA’s Gottlieb promised the case would be closely monitored:
“We’re going to follow this case to its conclusion, and we’re hoping for a swift resolution which upholds the Appeals Court panel ruling.”
The decision lands just weeks before the annual Gun Rights Policy Conference, where activists are expected to highlight Florida’s reversal as a major Second Amendment victory.
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First District Court Stanley V. McDaniels Strikes Down FL Open Carry
Good. The open carry issue is out of the legislature’s hands, at least until the Democrats and anti-gun Republicans cook up a fresh batch of NY-style “sensitive places” restrictions.
it might become true that people will be able to carry openly if this is not appealed. but, will that stop the police officers who for years have abused the right to open carry while engaged in hunting, camping and fishing, and going to and returning from these activities, 790.25(h)? especially when they don’t seem to know the most basic civil rights? or maybe, they just don’t care about civil rights.
that statute is the same one that permits leo’s to openly carry firearms.