Judges in Florida have declared that the right to openly carry firearms is firmly rooted in American constitutional tradition, upending years of policy that maintained a long-standing ban on open carry.
The three-judge panel of the First District Court of Appeal found that the ban violates the Second Amendment and defies a historical tradition of public gun carrying that stretches back centuries. Judge Stephanie Ray wrote for the court that “no historical tradition supports Florida’s open carry ban.”
The case is focused on Stanley McDaniels, a resident of Pensacola who was arrested on July Fourth in 2022 for visibly carrying a holstered handgun while holding a copy of the Constitution at a busy intersection. The court not only threw out his conviction but went further, ruling that the State had failed to prove any founding-era precedent for an outright ban on open carry. The judges alluded to the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen, which shifted the standard for gun laws and required that state restrictions align with historical practice rather than contemporary policy debates.
The significance of the ruling cannot be overstated. For decades, Florida allowed only the concealed carry of firearms, joining a shrinking minority of states that barred gun owners from openly carrying handguns in public. With this decision, Florida is poised to join 46 other states where some form of open carry is legal. Only California, Illinois, New York, and the District of Columbia continue to maintain comprehensive bans on the open carry of handguns in public places.
Second Amendment advocates see the decision as a vindication of constitutional principle and a dramatic rollback of government regulation. Eric Friday, the Jacksonville attorney who argued McDaniels’ case and who serves as general counsel for Florida Carry, hailed the ruling as a product of years’ worth of legal advocacy. Speaking to the News Journal, Friday said, “We are very happy that the 1st DCA has struck down one of the last remaining Jim Crow laws in the state of Florida.” He continued, “This has been the culmination of 15 years of hard work by Florida Carry and the patriotic actions of Mr. McDaniels in standing up for his rights and engaging in civil disobedience, the way rights have always been protected in this country.”
The ruling also arrives amid a surge of legislative and court victories for gun rights advocates nationwide. Legislative sessions in recent years have seen an expansion of constitutional carry—laws that allow individuals to carry handguns, either openly or concealed, without a permit. Proponents point to the large and growing number of concealed carry holders in Florida—nearly 2.5 million by some estimates—who will now gain the option to carry their firearms openly in most public spaces.
Reactions among elected officials underscore the political stakes. Florida’s Republican Governor Ron DeSantis celebrated the decision, declaring, “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.”
Attorney General James Uthmeier echoed this enthusiasm, saying: “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 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
Florida gun owners have scored a solid victory for the time being. To cement the recent gains for open carry, state officials must now take the crucial step of enshrining it into law.
Update: Sheriff Wayne Ivey of Brevard County, Florida, has also announced his officers will not enforce the unconstitutional law following the court’s decision.
Important Message From Sheriff Wayne Ivey About Florida’s Open Carry Laws pic.twitter.com/tLebLNmFnR
— Sheriff Wayne Ivey (@SheriffIvey) September 11, 2025
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.
I wonder how long it will take for LE agencies to comply. Should be automatic, but we all know the “I kNoW tHe LaW” crowd is slow.
New York does not have a comprehensive ban on Open Carry.
If you are going to write about the law, then you should learn how to research the law. The State of New York does not require a license to openly carry loaded long guns in public, NYC does, but the State does not. As for handguns, the license that allows concealed carry in public is the same license required to openly carry a handgun for hunting, target shooters, and by corrections officers to openly carry their handguns.