By Paul Waldmiller
Did you know that a Florida state appeals court has ruled that the state’s ban on openly carrying firearms is unconstitutional?
The First District Court of Appeal on September 10, 2025, declared that that the state’s ban on openly carrying firearms is incompatible with the Second Amendment right to bear arms. The decision, issued by stems from the case of Stanley McDaniels, who was arrested in 2022 for carrying a visible, holstered pistol in downtown Pensacola. The court found that the state failed to demonstrate the ban aligns with the nation’s historical tradition of firearm regulation, stating that the right to bear arms in public necessarily includes the right to do so openly.
The three-judge panel, led by Judge Stephanie Ray, concluded that Florida’s open carry ban extinguishes the right for ordinary, law-abiding adults and is therefore unconstitutional. The ruling reverses McDaniels’ conviction and vacates his sentence. This court decision means that, as of now, Florida residents are legally allowed to openly carry firearms in public, effectively joining most other states. However, the ruling does not eliminate all restrictions; carrying firearms remains illegal in specific locations such as courthouses, schools, polling places, and government facilities. Private businesses and property owners also retain the right to prohibit firearms on their premises.
Governor DeSantis and Attorney General James Uthmeier have both publicly applauded the decision, with DeSantis calling it a victory for the Second Amendment and urging our Florida Legislature to pass an open carry bill. Law enforcement responses are mixed, with some sheriffs, like Rick Staly of Flagler County who states that will cease enforcing the ban, while others, like Orange County Sheriff John Mina, have expressed safety concerns. The Florida Supreme Court may still choose to review the decision, and the Republican Party controlled Legislature could propose new regulations to address public safety.