Concealed Carry And Permits
Florida Court Strikes Down 37-Year-Old Open Carry Ban
State appeals court rules open carry prohibition unconstitutional, marking major win for Second Amendment advocates
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✍️By ZRIntel Editorial Team📍Tallahassee, FL
Floridas 1st District Court of Appeals has struck down the states decades-old ban on openly carrying firearms, ruling that the 1987 law violates the Second Amendment and can no longer be enforced. The unanimous three-judge panel declared that the ban fails to meet the historical tradition test established in the U.S. Supreme Courts 2022 Bruen decision, which requires modern gun regulations to align with the nations historical understanding of the right to bear arms. Judge Stephanie Ray, writing for the court, emphasized that no historical tradition supports Floridas open carry ban. History confirms that the right to bear arms in public necessarily includes the right to do so openly, she wrote. The decision overturns a prior conviction of Stanley Victor McDaniels, a Pensacola activist who was arrested on July 4, 2022, for openly carrying a loaded handgun while waving a copy of the U.S. Constitution during a political demonstration. McDaniels, who held a valid concealed carry permit, challenged the conviction on constitutional grounds. The panels opinion traced historical legal precedent back to 19th-century rulings, noting that open carry was traditionally viewed as the lawful and honorable way to bear arms, while concealed carry was historically suspect and associated with criminal activity. The court drew a clear distinction between the two, concluding that the state cannot extinguish the right to open carry entirely. The state bears a heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition, Ray wrote. The state has not met that burden. The decision has immediate implications for law enforcement and public policy. Florida Attorney General James Uthmeier praised the ruling as a big win for the Second Amendment rights of Floridians, stating that his office fully supports the courts decision and will not seek to reinstate the ban. Governor Ron DeSantis echoed the sentiment, saying the decision aligns with his long-standing position on open carry and moves Florida in line with the majority of states that already allow it. Not everyone celebrated the ruling. Opponents, including some lawmakers and law enforcement leaders, warned that the decision could increase public safety risks by allowing more firearms to be visible in public spaces. Representative Daryl Campbell of Fort Lauderdale criticized the ruling as a step backwards for public safety, arguing that it ignores the lived experiences of communities already grappling with high rates of gun violence. The decision is expected to influence legislative debate when lawmakers reconvene, with pro-gun groups likely to push for formal repeal of the open carry ban in state statute and opponents seeking to introduce new regulations to limit where and how firearms can be carried openly. The court made clear, however, that its ruling does not prevent reasonable time, place, and manner regulations so long as they do not amount to an outright ban.