TALLAHASSEE, FL — Florida’s First District Court of Appeal has struck down the state’s decades-old prohibition on open carry, declaring the law unconstitutional under the Second Amendment. The ruling reverses the 2022 conviction of Pensacola resident Stanley Victor McDaniels, who was arrested after peacefully carrying a holstered handgun in public.
In a detailed opinion, the appellate judges found that Florida’s open carry ban could not be squared with the text, history, and tradition of the right to bear arms. The court emphasized that, historically, open carry was viewed as the default and constitutionally protected method of carrying, while many states chose instead to restrict concealed carry. With this ruling, Florida joins the majority of states that allow some form of open carry.
Sheriff Wayne Ivory of Brevard County released a statement explaining the impact of the decision. He noted that his office, along with local police chiefs and the State Attorney’s Office, will no longer enforce section 790.053. He also reminded citizens that private property rights still apply, meaning business owners can prohibit open carry on their premises and legally trespass those who refuse to comply.
Sheriff Ivory also stressed responsibility: “Being safe, using secure holsters, respecting the rights of property owners, and taking firearms safety courses” are essential to protecting this newly restored right.
While the ruling is not final until the period for rehearing motions closes, Florida’s Attorney General has already signaled his support, and Governor Ron DeSantis has previously endorsed passing open carry into law. For everyday gun owners, this means that open carry can no longer be enforced as a crime under state law.
From a personal perspective, I strongly support open carry as a constitutional right. However, like many gun owners, I generally choose to carry concealed. In the past, I would open carry while hunting or when I was part of a hunting club, but I rarely hunt anymore. I prefer the advantage that comes with carrying concealed. Concealment maintains the element of surprise and avoids unnecessary attention, making it a practical choice for self-defense. Each individual must decide what works best for them, but with this ruling, Floridians finally have that choice.
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