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.
We are in dangerous times! We are NOT meeting our funding goals! Will you help out?
First District Court Stanley V. McDaniels Strikes Down FL Open Carry
I just have to wonder… why did this take 40 years? This “law” should have been legally challenged on day-1.
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.
I praise the decision by the court in my State of Florida and sincerely hope that it is not challenged or if so that the challenge is hastily shot (no pun intended) down. While I prefer concealed carry for myself, I may have to revisiit my preferences in many situations. I have always supported the right to bear arms in any capacity (pun intended here!) I believe that this nation’s historical reverence toward our sovereign God and the right to bear arms are the basic factors in our nation’s greatness and blessings. As to why it took so long, I… Read more »
Only the anti America can disagree with this ruling arguing that the 2nd Amendment is “wide open for interpretation” but really is not, and it was intentionally written in such way that doesn’t matter how you carry your gun, the right to bear arms cannot be infringed. Period!
Thank you Judge Stephanie W. Ray and the other two judges on the panel. I have been wanting to go to Florida for many years but always found a more free beach to travel to.
Now I can go to Florida.
HLB
What this excellent decision has exposed is that the FL legislature is a collection of eunuchs who are all about protecting their little fiefdom and not comfortable with complete individual liberty for those they govern. Even Governor DeSantis made comments a couple of months back about how the state was not as “conservative” as its reputation suggests, and pointed to the weak-kneed legislature not having the courage to take more steps toward liberty for its citizens. Texas has the same problem, as do other “red” states. They look good on the outside, are way better than the “blue” states, but… Read more »
The Democrat opposition will imagine an open carry epidemic from this! Open carry mania! While I’ve spotted a whole 3 in 16 years.
The end of the appeals court ruling states this:
“Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.”
Which refers to Florida Rules of Appellate Procedure which seems to mean that if there are any motions to appeal then there is a timely process to handle those. I don’t know if there are any motions, so I don’t know if I can openly carry now or not or for how long.
HLB
Concealed carriers are such easy prey. Simply shine a light on them or hold a mirror up to them, and they prove every time why concealed carry is an act of moral turpitude.