Florida’s Ban on Open Carry Ruled Unconstitutional by State Appeals Court

Two days after Governor Ron DeSantis again urged the Florida Legislature to allow the open carrying of firearms, a three‑judge panel of the Florida First District Court of Appeal ruled that the state’s law banning open carry is unconstitutional.

“No historical tradition supports Florida’s Open Carry Ban,” Judge Stephanie Ray wrote in the opinion, joined by Judges Lori Rowe and M. Kemmerly Thomas.

“To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly. That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law‑abiding, adult citizens.”

Florida is now among a small minority of states that ban open carry—and the only conservative‑leaning state with such a prohibition. The law, passed in 1987, has frustrated many Second Amendment advocates who say the GOP‑led legislature has declined to repeal it despite growing pressure.

The case that precipitated the ruling was brought by Stan McDaniels, a Republican candidate for the Escambia County Commission. McDaniels was arrested on July 4, 2022 in downtown Pensacola after a loaded handgun, secured via an inside‑the‑waistband holster, was found tucked into his pants. According to reports, he was waving at passing vehicles with one hand while holding a copy of the U.S. Constitution in the other when law enforcement intervened.

McDaniels, who was cooperative during his arrest, sought to have the charge dismissed and the open carry ban declared unconstitutional under the Second Amendment. Though his motion was denied at trial, the question was certified to the First District Court of Appeal. He was convicted, sentenced to probation and community service, but his sentence was stayed pending appeal.

Florida Attorney General James Uthmeier issued a statement on social media declaring that his office “fully supports the Court’s decision.” He hailed the ruling as “a big win for the Second Amendment rights of Floridians,” stating that “our God‑given right to self‑defense is indispensable.”

Evan Power, chairman of the Republican Party of Florida, added: “The court made clear: Florida cannot extinguish the rights of ordinary, law‑abiding citizens. We applaud this decision and stand with millions of Floridians in support of the Second Amendment.”

Meanwhile, Representative Daryl Campbell (D‑Fort Lauderdale) criticized the ruling, calling it “a step backwards for public safety.” He expressed concern that more firearms may be carried openly in public spaces—“from grocery stores to sidewalks to playgrounds”—which he said could threaten safety, especially for children, schools, and neighborhoods.

Despite Governor DeSantis’s calls for repeal, the Florida Senate has shown reluctance. During the 2023 legislative session, then‑Senate President Kathleen Passidomo (R‑Naples) said she opposed repealing the ban because the Florida Sheriffs Association (FSA) was against it. Her successor, Senate President Ben Albritton (R‑Wauchula), has maintained a similar stance, citing trust in law enforcement officials and not wanting to cross the FSA.

Following the appeals court’s decision, the Florida Sheriffs Association issued a statement confirming they had reviewed the opinion. Seminole County Sheriff Dennis Lemma, as president of the FSA, emphasized that Florida’s sheriffs “remain steadfast in their duty to uphold the law and ensure the safety and security of the communities we serve.”