A three-judge panel of the 1st District Court of Appeal, pointing to U.S. Supreme Court rulings on Second Amendment issues, said the open-carry ban is incompatible with the nation’s “historical tradition of firearm regulation.”
“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 came in a challenge filed by Stanley Victor McDaniels, who was convicted of openly carrying a gun on the Fourth of July in 2022 in Pensacola. It also came after years of legislative debate about potentially repealing the open-carry ban — a position supported this week by Gov. Ron DeSantis.
