Appeals Court Strikes Down Florida’s Open Carry Ban

Florida’s First District Court of Appeal ruled Wednesday that the state’s prohibition on openly carrying firearms violates the Second Amendment, overturning a decades-old restriction and vacating the conviction of a Palm Beach County man arrested for open carry.

Governor’s office and GOP leaders hailed the decision as a victory for constitutional rights, while law enforcement groups urged caution over public safety implications.

Open Carry Ban Deemed Unconstitutional

In a unanimous opinion, the appellate court held that Florida’s ban on carrying firearms in plain view cannot withstand scrutiny under the U.S. Supreme Court’s Bruen standard, which requires restrictions to align with the nation’s historical tradition of firearm regulation. The court’s opinion noted that Florida was an “outlier” alongside California, Connecticut and Illinois in barring open carry.

Case Background and Ruling

  • Origin of Appeal: Stanley Victor McDaniels was arrested on July 4, 2022, after openly carrying a rifle on a public street. Convicted under Florida Statute 790.053, he appealed his conviction, arguing the ban infringed his constitutional right to bear arms.
  • Court’s Analysis: Applying the three-part Bruen framework, the court found no historical analogue for a blanket prohibition on public carry and concluded the statute fails to respect the Second Amendment’s text and tradition.
  • Outcome: McDaniels’s conviction and sentence were vacated, and the state’s open carry ban was struck down as unconstitutional.

Political and Public Reactions

Governor Ron DeSantis praised the decision on social media, asserting it affirms Floridians’ right to self-defense. House Speaker Daniel Perez and Senate President Ben Albritton issued statements celebrating the restoration of constitutional rights but urged lawmakers to enact clear guidelines to ensure public safety.

Law Enforcement Response

The Florida Sheriffs Association expressed concern over the ruling’s immediate effects, calling for swift legislative action to define where and how open carry is permitted to avoid confusion and potential conflicts between civilians and police officers.

Next Steps in Tallahassee

With the ban invalidated effective immediately, Floridians can openly carry firearms except where expressly prohibited (e.g., schools, courthouses). The Legislature is set to reconvene next month, and leadership has indicated plans to draft a bill codifying the court’s ruling while establishing training requirements and restricted zones.

What This Means for Florida

  • Immediate Effect: Law-abiding citizens may now open carry firearms statewide, subject to existing location-based restrictions.
  • Legislative Action: Lawmakers face pressure to legislate regulatory guardrails-such as permit requirements or training mandates-to balance constitutional rights with public safety concerns.
  • National Implications: Florida’s decision may influence similar challenges in other states with open carry bans, reinforcing the Bruen decision’s emphasis on historical tradition.

As Florida transitions to an open carry regime, stakeholders from gun rights advocates to public safety officials will be watching Tallahassee closely to see how the state redefines responsible firearm possession in public.