Florida Appeals Court Strikes Down Open Carry Ban: Major Win for Second Amendment Rights

Anthony Isaacs -

On September 10, 2025, Florida’s First District Court of Appeal ruled that the state’s ban on openly carrying firearms (§ 790.053) is unconstitutional. The three-judge panel vacated the conviction of Pensacola resident Stanley Victor McDaniels, who was arrested for openly carrying a holstered pistol during a July 4, 2022, event. Judge Stephanie Ray authored the 20-page opinion, joined by Judges Lori Rowe and M.K. Thomas. The ruling will not technically be considered final until the 15-day window to request rehearing closes. Until that happens, the ruling is binding only in the 1st DCA’s jurisdiction unless the Florida Supreme Court weighs in.

The Governor's office and the Florida AG have vocally supported the ruling in public, so it is unlikely there will be any move to oppose this ruling by the DeSantis administration.

At a Glance

  • Case: McDaniels v. State of Florida (1st DCA, Sept. 10, 2025)
  • Ruling: Florida’s open carry ban (§ 790.053) declared unconstitutional
  • Status: Not final until rehearing window closes (15 days)
  • Who benefits: Adults 21+ who may already carry concealed without a license
  • Limits remain: Sensitive places (schools, courthouses, polling sites) and private property restrictions
  • Impact: Agencies in North Florida are already suspending enforcement; potential ripple effect nationwide

Background

Florida enacted its modern open-carry ban in 1987, alongside a major firearms law overhaul that created “shall-issue” concealed carry permits. Before then, Florida had restrictions dating back to 1893, but those were narrower (such as licensing requirements for certain rifles). For decades, § 790.053 categorically prohibited open carry except for narrow exceptions like hunting or fishing.

The Florida Supreme Court upheld the ban in Norman v. State (2017), applying intermediate scrutiny. But the U.S. Supreme Court’s Bruen decision (2022) replaced balancing tests with a text-and-history standard, requiring modern gun laws to align with historical tradition.

The Court’s Reasoning

First District Court of Appeal, State of Florida, September 10, 2025

Applying Bruen, the 1st DCA found no historical tradition supporting a broad prohibition on open carry. Antebellum cases such as Nunn v. State (1846) and State v. Reid (1840) protected open carry while allowing restrictions on concealed carry. English precedents like the 1328 Statute of Northampton were dismissed as addressing armed terror, not peaceful carry.

The panel concluded that § 790.053 imposed a burden “far exceeding any historical analogue” and violated the Second Amendment’s guarantee to “keep and bear Arms.” McDaniels’ conviction was reversed.

Reaction and Practical Impact

Governor Ron DeSantis and Attorney General James Uthmeier praised the ruling. Sheriffs in Escambia, Santa Rosa, Okaloosa, and Brevard Counties, along with Pensacola police, have announced they will no longer enforce § 790.053 pending finality. Other agencies, however, caution that the law remains technically in effect until the end of the rehearing period.

Source: X/Twitter

For everyday Floridians, the ruling could open the door to lawful open carry for adults 21 and older who may already carry concealed without a permit under House Bill 543, effective July 1, 2023. However, certain caveats remain: firearms are still prohibited in sensitive locations such as schools, courthouses, and polling sites, and private property owners may restrict carry on their premises.

As of August 2025, the Florida Department of Agriculture and Consumer Services reported more than 2.3M active concealed weapon licenses, reflecting a large population of lawful carriers ready to adapt.

Wider Context

If upheld, the decision would place Florida alongside most states that allow open carry. Only a handful of states still maintain broad bans on public handgun open carry (most prominently California, Illinois, New York, and New Jersey). Hawaii issues open-carry licenses under post-Bruen procedures, so it no longer fits in the blanket-ban category.

For years, gun rights groups had lobbied unsuccessfully for legislative repeal. Advocates like former Rep. Anthony Sabatini hailed the ruling as a judicial correction of legislative inaction.

What’s Next

  • Rehearing window: The state has 15 days from the opinion’s release to seek rehearing or certification to the Florida Supreme Court.
  • Attorney General’s role: While AG Uthmeier praised the ruling, the state could still file procedural motions, though this appears unlikely.
  • Statewide application: If the ruling stands without further appeal, agencies across Florida will treat open carry as lawful, subject to sensitive-place restrictions.
  • National implications: The case may influence challenges in other states that still prohibit public open carry.

Our Take?

An obvious win for the Second Amendment. But it's going to be a little disconcerting seeing all the service pit bulls open carrying Desert Eagles on their doggy vests around Jacksonville.

References

  1. McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA Sept. 10, 2025). Slip Opinion PDF
  2. Norman v. State, 215 So. 3d 18 (Fla. 2017). Justia summary
  3. New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). Supreme Court opinion
  4. Nunn v. State, 1 Ga. 243 (1846). Case summary
  5. State v. Reid, 1 Ala. 612 (1840). Case summary
  6. Florida Statutes, Ch. 790, §§ 790.053, 790.06. Online statutes
  7. Florida House Bill 543 (2023). Bill text
  8. Florida Department of Agriculture and Consumer Services. “Concealed Weapon/Firearm License Holders by County,” Aug. 31, 2025. FDACS CWL Reports
  9. Florida Phoenix. “Florida’s Ban on Open Carry Ruled Unconstitutional by State Appeals Court,” Sept. 10–11, 2025. Florida Phoenix
  10. Politico. “Florida May Soon Allow Open Carry of Guns After Court Strikes Down Ban,” Sept. 10, 2025. Politico
  11. WUFT (NPR affiliate). “Florida Appeals Court Rules Open Carry Ban Unconstitutional,” Sept. 2025. WUFT
  12. WEAR-TV / NorthEscambia. “Escambia, Santa Rosa Sheriffs Suspend Enforcement of Open Carry Ban,” Sept. 2025. NorthEscambia
  13. USCCA. “Open Carry Laws by State: NJ & HI.” Accessed Sept. 2025. USCCA