In a striking affirmation of constitutional rights, Publix now welcomes open carry in all 882 of its Florida locations. The decision follows Florida’s landmark court ruling that struck down nearly four decades of unconstitutional restrictions on the fundamental right to bear arms.
On September 10, 2025, the First District Court of Appeal unanimously declared Florida’s 1987 open carry ban unconstitutional in the landmark McDaniels v. State of Florida case. The court found that the state “failed to carry its burden to show that Florida’s Open Carry Ban is consistent with this Nation’s historical tradition of firearm regulation.”
The case began with a powerful act of civil disobedience by Stanley Victor McDaniels, a Second Amendment activist who deliberately challenged Florida’s restrictive law on Independence Day 2022. Standing at a busy Pensacola intersection while holding a copy of the U.S. Constitution, McDaniels openly carried a loaded Beretta M9 pistol in his waistband, fully aware that his arrest would spark the legal challenge needed to restore constitutional rights.
“McDaniels had a camera set up on a tripod and stated he wanted to take this to the Supreme Court,” officers noted in the police report. His deliberate act of constitutional defiance paid off when the appeals court vacated his conviction and declared the law unconstitutional.
McDaniels, speaking from jail where he is serving time on an unrelated case, called himself a patriot and expressed no regrets about his actions. “I am thankful that through my current persecution, I have been given another opportunity to change Florida law for the better,” McDaniels said. He described fighting “a secret war being fought with pen and paper in local, state and federal courtrooms” to restore constitutional rights.
Publix officials told News 6 on October 8, 2025 that the company is committed to complying with all federal, state, and local laws. Accordingly, Publix began allowing open carry on September 25, the date when the state officially legalized the practice.. The company emphasized that “treating customers with dignity and respect is a founding belief at Publix,” demonstrating how businesses can honor both constitutional rights and customer service excellence.
Gun owners, take note: @Publix Supermarkets welcomes you as reported per the @tampabaytimes.
Unlike the other national chain like @Walmart, Publix is not banning open carry.
This is a huge win for the Second Amendment. The law-abiding shouldn’t be disarmed to buy groceries. https://t.co/etCRwuCjMR
— Luis Valdes (@RealFLGunLobby) October 9, 2025
The decision stands in stark contrast to competitors who have chosen to restrict the rights of law-abiding citizens. Walmart, Winn-Dixie, Sam’s Club, and Harveys Supermarket have all announced they will continue prohibiting open carry in their Florida stores. Southeastern Grocers, parent company of Winn-Dixie and other chains, stated they will maintain policies against open carry, effectively telling lawful gun owners their business is unwelcome.
This divide reveals the marketplace of ideas in action. While some businesses choose to embrace constitutional freedoms, others cling to policies that treat law-abiding Americans as potential threats rather than valued customers exercising their fundamental rights.
Florida Attorney General James Uthmeier immediately recognized the court’s decision as “the law of the state” and instructed prosecutors and law enforcement to “refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others.”
The ruling places Florida alongside 36 other states that permit some form of open carry, ending the Sunshine State’s position among just a handful of jurisdictions that completely prohibited the practice. Florida now joins the constitutional mainstream, recognizing what the Founding Fathers understood: that the right to bear arms must include the right to carry them openly for lawful purposes.
Publix’s decision represents more than corporate policy; it signals respect for the constitutional principles that built America. By welcoming law-abiding citizens exercising their Second Amendment rights, the grocery chain demonstrates that freedom and commerce can thrive together.
The company maintains that it will “engage local law enforcement and protect our customers and associates” in any instance where someone “creates a threatening, erratic or dangerous shopping experience,” whether they are openly carrying a firearm or not. This balanced approach recognizes that the issue is behavior, not the lawful exercise of constitutional rights.
As other states watch Florida’s experience with restored constitutional freedoms, Publix’s leadership may inspire businesses nationwide to reconsider policies that unnecessarily restrict the rights of law-abiding Americans. The grocery chain’s decision proves that respecting the Second Amendment and serving customers with dignity remain compatible values in the American marketplace.
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About José Niño
José Niño is a freelance writer based in Charlotte, North Carolina. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
We have been carrying openly in Publix here in Georgia for almost 20 years! Nice of you guys to catch up down there
I rarely open carry but: In St. Louis, there are two major grocery chains, Dierberg’s and Schnuck’s. The latter put up No Guns Allowed signs for a while. I think that was after I held up a check out line for 30 seconds while I conversed with the check-out person about what I was openly carrying. They had that sign up for a couple years until a store employ came out of the store and started yelling at me for taking a photo of the sign in the door. The signs came down a couple weeks later. More recently, Schnuck’s… Read more »
Anywhere open carry has been introduced, there’s been little participation. Florida isn’t likely to be different.
The hysterical comments on the “People” magazine article are exactly what one should expect from readers of “People” magazine. Thanks for the link.
The pic shows a Ruger made 1911… It just occurred to me I don’t think I’ve ever actually seen one, either new or used at the gun store. And they’re all 1911 fanatic’s there.
I think the only other 1911’s I’ve never seen are a new Colt, and new or used S&W.
Leaving now for Flordia to shop at Publix in support of their 2A recognition…not to open carry at Publix. I don’t want to be the first good guy with a gun shot by the unhinged bad guy with a gun. I much more prefer to be the good guy with a gun that shoots the unhinged bad gun with a gun as he shoots the first poor dumb son of a bitch open carry practioner. IMHO…..YMMV.
“McDaniels has a history of legal issues, including a 2000 felony drug conviction (later withheld adjudication) and multiple domestic violence incidents leading to his current incarceration.
Dude took a hit for the team, but he can’t even own guns anymore.