A Florida appeals court ruled on Wednesday that the state’s open carry prohibition violates the Second Amendment, declaring the law unconstitutional. The decision stems from a 2022 case involving Stanley Victor McDaniels, who was arrested for violating the ban and later appealed his conviction.
The court emphasized that Florida’s current laws prohibit open firearm carrying except in specific scenarios like hunting or camping, while concealed carry without a permit remains legal. The ruling stated that the Second Amendment’s “right to bear arms” encompasses public open carry, noting the state failed to prove a historical tradition justifying the restriction.
Florida Attorney General James Uthmeier praised the decision, calling it a victory for Second Amendment rights, while Governor Ron DeSantis reiterated his support for ending the open-carry ban. The ruling overturns a 2015 Florida Supreme Court decision, citing a 2022 U.S. Supreme Court precedent that prioritizes historical firearms regulation analysis.
DeSantis announced plans to restart efforts with lawmakers to eliminate the prohibition, stating, “We should be an open-carry state.” The court’s opinion clarified that general claims of firearm regulation are insufficient to uphold such bans.