A state appeals court on Wednesday struck down Florida’s ban on openly carrying firearms, ruling that the prohibition violates the Second Amendment and cannot be reconciled with the nation’s historical tradition of gun regulation.
In a 3-0 decision, the First District Court of Appeal reversed the conviction of Stanley Victor McDaniels, who was arrested in 2022 in downtown Pensacola for wearing a holstered handgun visible on his waistband while waving to cars and holding a copy of the U.S. Constitution. McDaniels, who had a valid concealed carry license, told officers he intended to challenge the law.
Writing for the court, Judge Timothy D. Ray said the statute “cannot be reconciled with the Constitution’s text and this Nation’s historical tradition” and declared it unconstitutional. The panel concluded that while states have long regulated how firearms may be carried, outright bans on open carry have no historical precedent.
“The Constitution protects the right to carry arms openly for self-defense,” the opinion said. “Florida’s Open Carry Ban cannot be reconciled with that guarantee.”
Attorney General James Uthmeier defended the ruling, stating that “neither Californians nor Colombians have a right to collect petitions from Floridians who wish to change the Florida Constitution. The 11th Circuit Court of Appeals agreed and put a stop to a district court that tried to legislate from the bench.”
Gov. Ron DeSantis added “It usually makes big news when trial-level judges rule against duly-enacted state laws. It usually garners less attention when those decisions are reversed on appeal, as is typically the case. Another appellate win: new laws against petition fraud upheld by the 11th Circuit.”
