Ava McDonnell
On September 10, 2025, Florida’s First District Court of Appeal issued a strike down the state’s longstanding ban on openly carrying firearms, declaring it unconstitutional under the Second Amendment. This decision marks a significant shift in Florida’s gun laws, potentially paving the way for law-abiding adults to openly carry holstered firearms in public.
The case originated when Stanley McDaniels was arrested on July 4, 2022, in downtown Pensacola for openly carrying a holstered pistol while holding a copy of the U.S. Constitution. McDaniels’ convocation under Florida’s open carry ban was overturned by a three-judge panel, which ruled that the law violates the constitutional right to bear arms. The judges found that Florida failed to demonstrate a “historical tradition of firearm regulation” that would justify restricting open carry.
This ruling follows the precedent set by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen, which established that firearm regulations must be consistent with the nation’s historical traditions. The appeals court emphasized that open carry is “presumptively protected” when firearms are visible, holstered, and carried by law-abiding adults. However, it also noted that this right is not unlimited and that reasonable regulations may still apply.
State officials have responded positively to the ruling.
Governor Ron DeSantis said, ““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.”
Attorney General James Uthmeier also expressed support, stating “This is a big win for the Second Amendment rights of Floridians.”
Opponents of the ruling raise concerns about public safety, law enforcement challenges, and potential impacts on tourism, arguing that visible firearms in public may increase risk.
Historically, Florida has banned open carry in most situations, while allowing concealed carry under regulated conditions. Previous court ruling upheld the ban, making this recent decision a notable departure.
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