"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 has angered Second Amendment enthusiasts, who have become frustrated that the GOP-led legislature has refused to repeal the law, which was 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 posted 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."
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 did not immediately reply to a request for comment.
Editor's note: New Times occasionally shares articles from the Florida Phoenix, part of the nonprofit States Newsroom network. Contact the Florida Phoenix at [email protected] or follow the site on Facebook and X.
