The open carry of any commonly used firearm—rifles, shotguns or handguns—is now 100% legal in Florida.
Only California, Connecticut and Illinois still bar their citizens from openly carrying arms.
In a letter sent Monday morning, Florida Attorney General James Uthmeier warned all state prosecutors and every Florida law enforcement agency about McDaniels v. State, in which the First District Court of Appeal struck down Florida’s ban on the open carry of arms.
“Because no other appellate court has considered the constitutionality of Section 790.053 under Bruen and Rahimi, the First District’s decision is binding on all Florida’s trial courts. Effectively, the McDaniels decision is now the law of the State,” Uthmeier wrote. “Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others.”
I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State.
Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s… pic.twitter.com/2W5Hr6EV2V
— Attorney General James Uthmeier (@AGJamesUthmeier) September 15, 2025
Floridians and visitors who have long sought to openly carry a firearm have two men to thank, defense attorney Eric Friday, who also serves as general counsel for Florida Carry, Inc., and his former client, Stanley Victor McDaniels.
On the Fourth of July 2022, McDaniels armed himself with a loaded handgun which was visible in his pants, tucked in an inside-the-waistband holster, and a copy of the United States Constitution, which he carried in his non-shooting hand. He chose a spot in downtown Pensacola, Florida and set up a camera on a tripod to record his historic events.
When police asked him for identification, McDaniels gave them his Florida Concealed Carry permit. Officers removed his firearm from his pants but gave him back his holster. Six days later, McDaniels was arrested for violating Florida’s open-carry ban. He was found guilty but appealed to the state’s First District Court of Appeal, which issued its ruling last week.
“Florida law generally makes it a crime for an ordinary, law abiding, adult citizen to carry a firearm openly in public. Stanley Victor McDaniels was convicted under that law, and he now appeals. He contends that this open carry ban is incompatible with the Second Amendment’s guarantee of the right to bear arms. Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree. We therefore declare the law unconstitutional, vacate McDaniels’ conviction, and reverse his sentence, the appellate court wrote.
Contacted Monday, Attorney Friday was still excited about winning the case.
“This is the most important issue that I could have resolved for gun owners in the state of Florida,” he said. “It makes me proud we achieved it. There were a whole lot of people whose support and encouragement were the only things that allowed me to get this point. I encourage all gun owners to exercise discretion and to use caution in the manner and location of carry.”
Friday noted that Florida Carry, Inc., as well as other pro-gun groups had lobbied the state legislature for more than 15 years to rescind its ban on open carry, to no avail. Therefore, it was time to try different tactics, which left out the lawmakers.
“We have made every attempt for 15 years to negotiate incremental stops to restore the rights of Floridians and visitors,” he said. “But the legislature as a whole chose to support and follow the wishes of law enforcement rather than protect the rights of citizens. Arguably, they have put law enforcement in a worse position by having to comply with this ruling immediately rather than phasing in the law over 30 or 60 days. I hope the legislature will be more willing to work with us, and that the Florida Sheriffs Association will work with us to restore more rights rather than to continue to negate our rights.”
Caution advised
Friday said he and Florida Carry, Inc., have heard “rumblings” about certain state lawmakers, who were completely left out of this legal decision.
“We are hearing rumblings already that some allegedly pro-gun Republicans are already cooking up ideas to roll back the impact of the ruling,” he said. “We’re hearing things like what kind of retention-level holster the sheriffs will demand people use. If anything like that comes out, the Florida Sheriffs Association is behind it, and we will fight it.”
There are additional gun rights issues that still need to be addressed in Florida, Friday said.
Those who are 18 to 20-years-old will be allowed to carry a firearm according to this ruling, assuming they can legally obtain a handgun because they’re not allowed to purchase guns. In addition, campus carry restrictions need to be modernized.
Friday and Florida Carry shared the victory Monday with other pro-gun groups, but they emphasized caution to anyone who would try to take away these newly restored rights.
“Florida Carry (FLC), Gun Owners of America (GOA), National Rifle Association (NRA), and Florida Gun Rights (FLGR) all have spent countless dollars and manhours in this fight, that they have now won,” the statement read. “These organizations stand united in solidarity that any new restrictions on this right or to limit the impact of this VICTORY, will be vigorously and strongly opposed by a unified front of Florida gun owners and the members of these four organizations.”
Sheriff celebrates
Sarasota County Sheriff Kurt Hoffman is one of Florida’s most pro-gun sheriffs.
Hoffman spent Monday making sure his deputies were prepared for the changes. He has sent emails to his staff and is preparing a video.
Like many other Florida sheriffs, Hoffman ordered his deputies to stop making arrests for open carry last week, after the appellate court released its decision.
“I didn’t see any reason to wait,” he said. “I am excited about it. This is long overdue.”
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About Lee Williams
Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.
Simpler article would have been “GOP does not really support gun Rights!”
Think about it, FL is GOP controlled and citizens had to take the state to court for this.
At least we know where the Dems stand
i’m thinking that a county sheriff telling someone what level of retention holster they are required to have to open carry might not pass constitutional muster under the bruen holding. but i’m sure there are some that will try again and again to infringe upon our liberties and another citizen will have to take that to the courts.
Point of correction: 18-20 year olds can purchase firearms, just not from a dealer. They can also be gifted or loaned a firearm.
open carry removes the possibility of being arrested for accidental exposure while carrying……and heat stroke carrying during summer
Florida is still a long way from fully recognizing the 2nd Ammendment. I still can’t volunteer to protect my granddaughter at school. I can’t protect myself in the courthouse. I can’t purchase a firearm from a dealer without a permission slip, and informing the government, even though I’ve already been vetted. We still have a long way to go.
Two things: “The open carry of any commonly used firearm…is now 100% legal in Florida.” If it was said over and over again that open carry of weapons on Tuesdays is 100% legal, people would start to repeat that and judges would issue orders on it. Pretty soon people would start to wonder if they could carry on Wednesdays. There is nothing about commonly used firearms in the Constitution. You can open carry any (legal) firearm. And, “campus carry restrictions need to be modernized“ What does that mean? Right now, it is not legal. It should be legal, both open… Read more »
Not yet, folks. However, it Open Carry WILL be legal in 10 days. One more legal hurdle, but I’d be surprised to see any state prosecutor try to charge anyone right now. What I DO expect to see is Liberal prosecutors refusing to charge Prohibited Persons when found with firearms. Desantis is already busy firing prosecutors who don’t do their jobs. Instead of firing them, he needs to charge them with terrorism.
The article never mentioned Unified Sportsmen of Florida (USF). I know Marion Hammer is out of the picture, but what about USF, was it involved?
Thank you, Stanley McDaniels.
Someone needs to explain the rules of safe firearms handling to guy in cover photo of this article. Looks like his finger is on the trigger and he is flagging his own hip and leg.
Remembering holstering is the most dangerous thing many of us do with firearms. Develop good habits and holster slowly, carefully and deliberately. Other than cops needing to go hands on, there are very few times any of us need to holster in a hurry.