⚖️ Florida appeals court rules state’s open-carry ban unconstitutional under the Second Amendment.
🏛️ State leaders celebrate while gun safety advocates warn of increased risks.
🔜 Lawmakers may repeal or amend the law, with restrictions still in place at schools, courts, and polling sites.
FORT WALTON BEACH — In a significant decision on Sept. 10, a three-judge panel of the 1st District Court of Appeals struck down Florida’s decades-old prohibition on openly carrying firearms, ruling the ban unconstitutional under the Second Amendment.
The panel said the state failed to show any “historical tradition” of firearm regulation supporting the ban, citing U.S. Supreme Court precedent.
“No historical tradition supports Florida’s open carry ban,” Judge Stephanie Ray wrote in a 20-page 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.”
The ruling stemmed from a challenge by Stanley Victor McDaniels, who was convicted of openly carrying a firearm in Pensacola on July 4, 2022.
The decision follows years of legislative debate and reflects the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which directed courts to evaluate gun restrictions under a “historical tradition” standard.
Florida Attorney General James Uthmeier praised the decision, writing on X that his office “fully supports the court’s decision.”
“This is a big win for the Second Amendment rights of Floridians,” Uthmeier continued. “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
Florida Gov. Ron DeSantis echoed that sentiment on X, writing: “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,” DeSantis wrote.
In response to Wednesday’s decision, Mid Bay News reached out to State Rep. Patt Maney (R-Shalimar), who told us today’s decision was a big day for supporters of the “free state of Florida.”
“It’s a little over a 20-page opinion. I think it’s very well written in that it goes through the history of the evolution of these cases,” Maney said, noting that Judge Lori Rowe, a Niceville High School graduate, was among the panel.
Maney added that the ruling vacated McDaniels’ conviction and “is a pretty solid win for the defendant, and a pretty solid loss for the State of Florida as far as litigation.”
Maney said the opinion makes clear that open carry is a fundamental right akin to free speech or freedom of religion, and that local governments have little room to pass their own restrictions outside of “sensitive areas.”
“I don’t think this decision will lead to more gun violence,” Maney said. “The problem isn’t the gun, or if it’s being carried. The problem is the evil in some people’s hearts.”
Mid Bay News also reached out to leaders of local law enforcement agencies to gain their reaction.
In a statement to Mid Bay News, Fort Walton Beach Police Chief Robert Bage struck a cautious note, saying his department will continue to emphasize safety and education.
“With this ruling, Floridians now have broader rights to openly carry firearms, and our department will continue to focus on safety, education, and respectful interactions between the public and law enforcement,” Bage said. “Personally, I will continue to carry concealed when off duty because I believe it is a better practice, it reduces unnecessary alarm, and promotes safer day-to-day interactions.”
Gun reform advocates blasted the ruling.
“I am so ashamed right now,” said Gay Valimont, a former congressional candidate and Florida leader with Moms Demand Action for Gun Sense in America. “One of partisan shame. This is for our state — especially when gun violence is the number one killer of kids and teens.”
Valimont said more visible guns in public would increase the likelihood of deadly confrontations.
“When a gun is present, people are 10 times more likely to be shot and killed in an argument,” Valimont said. “Adding guns, openly, is gonna kill way more people. We already lose 122 people a day, and people can look for that number to go up if open carry is happening in Florida.”
The ruling creates uncertainty for both lawmakers and law enforcement. While Florida’s open-carry statute remains on the books, the appellate court’s decision makes enforcement unclear unless the Florida Supreme Court takes up the case.
Uthmeier praised the ruling, making an appeal unlikely, but the state still has the option.
If the decision stands, the Legislature could move to repeal or amend the law in its next session. DeSantis has already said he supports open carry and may push lawmakers to act sooner, possibly through a special session.
For now, restrictions still apply in certain places, including schools, polling locations, courthouses, and private property where firearms are prohibited.
Pro Communi Bono
St. Francis De Sales, Ora Pro Nobis!
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