Florida Becomes an Open-Carry State: Appeals Court Strikes Down Decades-Old Ban
TALLAHASSEE, FL — September 10, 2025 — In a landmark decision issued today, Florida's First District Court of Appeal has declared the state’s long-standing ban on open carry unconstitutional, effectively establishing Florida as an open-carry state. The three-judge panel unanimously overturned the prohibition under Florida Statute § 790.053, citing the U.S. Supreme Court’s "text, history, and tradition" framework. (Politico, AP News, Florida Politics)
The Legal Turning Point
The litigation traces back to July 4, 2022, when Stanley Victor McDaniels was arrested in Pensacola for openly carrying a holstered pistol while holding a copy of the U.S. Constitution. Though he held a concealed carry permit, law enforcement cited the open-carry prohibition. His conviction was stayed pending appeal. (WPTV News Channel 5 West Palm, Florida Phoenix, First District Court of Appeal)
In their ruling today, Judge Stephanie Ray, joined by Judges Lori Rowe and M. Kemmerly Thomas, held that Florida failed to meet the burden of showing the ban aligns with the historical tradition of firearms regulation required under the U.S. Supreme Court’s Bruen decision (2022). The court noted that while some regulation is permissible, the state may not outright extinguish a law-abiding citizen’s ability to openly carry. (Politico, CBS News, Jacksonville Today, Florida Politics, Bloomberg Law)
Historical and Legal Context
Florida’s open-carry prohibition dates back to the 19th century, was unofficially repealed, then reinstated by statute in 1987. (Politico, Florida Phoenix) Until today, Florida remained one of only a handful of states—and the only conservative-leaning one—to ban open carry, joining California, Connecticut, and Illinois. (Florida Politics, Bloomberg Law, Florida Phoenix)
Under Bruen, courts must first determine whether the Second Amendment's clear text covers the conduct—in this case, open carry—and if so, the government must demonstrate that its restriction is consistent with historical tradition. The appellate court found that open carry is unquestionably covered by the plain text and that Florida failed to present sufficient historical support to uphold the ban. (CBS News, Jacksonville Today, First District Court of Appeal, Bloomberg Law)
Reactions from State Leaders
Governor Ron DeSantis heralded the ruling as a vindication of his long-standing advocacy for open-carry legislation. "This decision aligns state policy with my long-held position and with the vast majority of states throughout the union," he wrote on X, adding that the Second Amendment "says what it means and means what it says." (WPTV News Channel 5 West Palm, Florida Politics, Jacksonville Today, wplg)
Attorney General James Uthmeier, who shared the governor’s views and has stated his office would not defend laws deemed unconstitutional, supported the decision. “This is a big win for the Second Amendment rights of Floridians,” he wrote, calling the right to self-defense “indispensable.” (Florida Politics, AP News, Florida Phoenix, Jacksonville Today)
Gun-rights advocates and GOP officials responded with enthusiasm. Florida Phoenix quoted the Florida Republican Party chair praising the ruling as a firm defense of ordinary, law-abiding citizens' rights. (Florida Phoenix)
Meanwhile, some law enforcement groups and legislators have previously opposed open-carry legislation. Senate leaders, citing concerns from the Florida Sheriffs Association, had previously declined to pursue a repeal, frustrating gun-rights proponents. (Florida Phoenix)
What the Ruling Means in Practice
As of today, September 10, 2025, Florida is legally an open-carry state—meaning law-abiding adult citizens may openly carry firearms in public, subject to any permissible regulations. The court’s decision vacated McDaniels’ conviction and probation, removing the criminal penalty tied to open carry. (AP News, Florida Politics, Bloomberg Law, First District Court of Appeal)
That said, some regulation remains possible. The court emphasized that open carry is not "absolute or immune from reasonable regulation"—future laws could set time, place, or manner restrictions, but a complete ban is now deemed unconstitutional. (AP News, Politico, Florida Politics)
Beyond the Headlines
This ruling is part of a broader shift in Second Amendment jurisprudence, where courts are increasingly applying the Bruen framework to challenge longstanding regulations. Notably, the 11th U.S. Circuit Court recently held that broadly barring gun ownership for medical marijuana users may also run afoul of historical standards. (Reuters)
What’s Next?
With the ban invalidated, legislators may opt to codify new rules governing open carry—or, in line with the ruling, they could choose not to act and allow open carry to operate under existing legal frameworks. Law enforcement agencies may need to revise policies to comply with the ruling. And—perhaps most importantly—citizens who comply with other legal requirements (like age and background checks) now may openly carry firearms without fear of prosecution.
What direction state policymakers take next will determine just how broadly and under what conditions open carry is practiced across Florida.
Summary Table
Aspect Key Facts Date of Ruling September 10, 2025 Court Florida First District Court of Appeal (3-judge panel) Legal Effect Ban on open carry (Florida Statute § 790.053) declared unconstitutional Legal Standard Used U.S. Supreme Court’s Bruen test: text, history, and tradition Defendant Stanley Victor McDaniels—conviction vacated, sentence reversed Executive Reaction Gov. DeSantis and AG Uthmeier praised the decision; AG won’t appeal Legislative Outlook Legislature may act to regulate open carry under permissible constraints Regulatory Status Open carry prohibited—now permitted, subject to regulation.
