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Two days after Gov. Ron DeSantis once again called on the Florida Legislature to allow the open carrying of firearms, a three-judge panel of the Florida First District Court of Appeal ruled Wednesday that the 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 one of just a handful of states that ban open carry, and the only conservative-leaning one. That’s angered Second Amendment enthusiasts, who have become frustrated that the GOP-led Legislature has refused to repeal the law, passed in 1987.
The case was brought by Stan McDaniels, a Republican candidate for Escambia County Commission who was arrested in downtown Pensacola on July 4, 2022, with a loaded handgun tucked into his pants using an inside-the-waistband holster.
According to a police report, McDaniels was waving at vehicles with one hand with a copy of the U.S. Constitution in the other hand when law enforcement officers arrested him.
At the time, McDaniels was reported to have been cooperative, saying that he wanted to take his case to the Supreme Court. Before trial, he moved to dismiss the charge and to have the open carry ban declared unconstitutional under the Second Amendment.
Following a hearing, the trial court denied his motion, but certified the question to the First District. McDaniels was convicted as charged and sentenced to probation and community service. The court stayed his sentence pending his appeal.
Florida Attorney General James Uthmeier said in a posting on social media that his office “fully supports the Court’s decision.”
“This is a big win for the Second Amendment rights of Floridians,” he said. “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
“The Republican Party of Florida stands firm in defending our constitutional rights, and today’s decision underscores that commitment,” added Evan Power, chairman of the Republican Party of Florida, in a written statement. “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.”
Florida Rep. Daryl Campbell (D-Fort Lauderdale) called the ruling a “step backwards for public safety.”
“At a time when Florida should be strengthening protections for children, schools, and neighborhoods, this decision instead paves the way for more firearms to be carried openly in public spaces — from grocery stores to sidewalks to playgrounds,” he said in a statement.
Senate resistance
Despite verbal support by DeSantis for the Legislature to repeal Florida’s ban on open carry, the Florida Senate in particular has proven resistant to such a change.
During the 2023 legislative session, then-Senate President Kathleen Passidomo (R-Naples) said she didn’t support repealing the law because the Florida Sheriffs Association (FSA) didn’t want it.
Ben Albritton (R-Wauchula) succeeded Passidomo as Senate President last November. He also opposed a repeal, saying he didn’t want to cross the FSA. “I trust my law enforcement officials,” he said. “That’s where I stand.”
The Florida Sheriffs Association released a statement later on Wednesday after this story was originally published.
by Mitch Perry, Florida Phoenix
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.
