A Florida appeals court ruled Wednesday that the state’s open carry ban violates the Second Amendment, declaring the restriction unconstitutional. The decision stems from a 2022 case involving Stanley Victor McDaniels, who was arrested for violating the law and later appealed his conviction.
The court stated that Florida’s prohibition on openly carrying firearms, except in specific scenarios like hunting or camping, conflicts with the constitutional right to bear arms. “We agree,” the opinion read, “that the open carry ban is incompatible with the Second Amendment.” The ruling vacated McDaniels’s conviction and reversed his sentence.
Florida currently allows concealed carry without a permit but has barred open carrying for decades. The court emphasized that the state failed to demonstrate a historical tradition justifying the restriction. “The state has not met that burden,” the opinion noted, adding that “the plain text of the Second Amendment encompasses the open carrying of firearms in public.”
Florida Attorney General James Uthmeier praised the decision, calling it a victory for “God-given right to self-defense.” Gov. Ron DeSantis, who previously urged lawmakers to pass open carry legislation, reiterated his support, stating the ruling aligns with “the vast majority of states throughout the union.”
The Florida Supreme Court had previously upheld the open-carry ban in 2015, but Wednesday’s decision cited a 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association v. Bruen, which emphasized historical firearm regulation standards. DeSantis announced plans to renew efforts to end the prohibition, declaring, “We should be an open-carry state.”
