Florida ban on open carry of guns unconstitutional, appeals court rules

Romy Ellenbogen, Tampa Bay Times on Sep 10, 2025

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TALLAHASSEE, Fla. — Florida is closer to allowing for the open carry of firearms in public, based on a court decision out of the Panhandle.

On Wednesday, the Florida First District Court of Appeal ruled that the state’s open carry ban is unconstitutional, saying that it conflicts with the Second Amendment’s guarantee of the right to bear arms.

The case originated from the 2022 arrest of Stanley McDaniels in Escambia County. McDaniels, before the arrest, had livestreamed himself carrying a visible, holstered pistol and a copy of the U.S. Constitution in downtown Pensacola.

The state appeals court said that under the U.S. Supreme Court’s new framework for evaluating restrictions on the Second Amendment, Florida’s ban didn’t pass muster.

“No historical tradition supports Florida’s Open Carry Ban,” the court wrote in its opinion. “To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly.”

Florida is one of four states — alongside Illinois, Connecticut, and California — that bans open carry in nearly all circumstances for all kinds of firearms. Florida’s ban has been in effect since 1987.

The court’s ruling isn’t final until the time for a rehearing has run out. The Florida Attorney General’s Office had been defending the open carry ban in the case.

It’s not clear if Attorney General James Uthmeier, who stepped into the role in February, will continue defending it.

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