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In Local Case, State Appeals Court Rules Open Carry of Firearms Is Protected By The Constitution
September 11, 2025
An appeals court has ruled that Florida’s open carry gun ban is unconstitutional, a ruling applauded by the governor and attorney general.
Florida’s 1st District Court of Appeal said the open-carry band is not compatible with the nations “historical tradition of firearm regulation” under the Second Amendment.
“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 from the three-judge panel came in an appeal by Escambia County. Stanley Victor McDaniels , who ran unsuccessfully in the past for local offices including county commission and supervisor of elections. He was convicted for an open-carry violation after he was arrested July 4, 2022.
RELATED: Local Law Enforcement Will No Longer Enforce Florida’s Open Carry Law
“Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution,” the court opinion stated. “The state therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition. The state has not met that burden. It is not enough to rely on a generalized tradition of firearms regulation, for at that level of abstraction almost any law could be sustained.”
Florida Gov. Ron DeSantis and Florida Attorney General James Uthmeier both spoke out in support of the ruling.
“This decision aligns state policy with my long-held position and with the vast majority of states throughout the union,” DeSantis said. “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.”
“Our office fully supports the Court’s decision.This is a big win for the Second Amendment rights of Floridians,” Uthmeier said. “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable.”
Pictured: Stanley Victor McDaniels was arrested for an open carry violation in Pensacola on July 4, 2022.
Comments
8 Responses to “In Local Case, State Appeals Court Rules Open Carry of Firearms Is Protected By The Constitution”
Joy Bryant…While you appear worried about Open Carry and how more guns will be around you…well you don’t seem to realize that due to Permitless Conceal Carry being legal in Florida, I’d bet those guns have already been around you. Just about everyone who wants to carry, has been carrying concealed and theres been no Wild West Shootouts at Walmart or Target.
the American ignorance of carrying guns tells me you have NEVER been stuck in traffic being honked at-be given the finger–stood in a line at Walmart and watching people get sooooo aggravated because it isn’t moving fast enough–so the answer is GIVE THEM A GUN to carry on their hip!! STUPID doesn’t get it
2nd amendment, yes it does protect this court’s ruling. I agree wholeheartedly. Just thinking out loud, how many constitutional amendments has our current administration broken and to this point what has been the outcome? I’m not sure so I’ll have to take a break and look.
“…shall not be infringed…” is the operative phrase in the 2nd Amendment.
Well done, Stanley. You took a chance and it paid off for all Floridians. Criminals carry guns freely and the jails have a revolving door for violent offenders.
Business owners, of course, have the right to set their rules. Just as I determine who is armed in my home.
The supposed quietude of a good man allures the ruffian. Let, therefore, the gun be the companion of your walks.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”.
The Constitution lays out the structure of government for The United States of America. It generally says what powers the federal government is allowed or forbidden and what powers the state and local powers are allowed or forbidden. The second article of amendment is special in that it lays out the right of all the people and forbids infringement of that right.
It can be inconvenient, unreasonable, expensive, frightening, but it is the supreme law of our nation. No subsequent amendment has been passed to restrict this right.
Live with it or change it. Just don’t pretend it doesn’t apply.
Open carry is not that concerning. But a lot of the people that will be doing it are of concern for sure.
If open carry become legal, each establishment has to decide their policy on open carry for their business. An excuse for insurance rates to rise. A reason for boycotting businesses that have a policy, which you oppose. The list goes on. At what age might an adult exercise the open carry right? I see a new business opportunity of providing secure lockers for weapons to be placed and locked before entering an establishment.
More considerations to ponder.