Florida appeals court rules open carry ban unconstitutional

In an impactful ruling on September 10, 2025, a Florida appeals court determined that the state's prohibition on openly carrying firearms is unconstitutional. This 1st District Court of Appeal decision arose from a case involving Stanley Victor McDaniels, who was convicted of openly carrying a gun in Pensacola on July 4, 2022. The court cited U.S. Supreme Court decisions asserting the Second Amendment right to bear arms and stated that the history of firearm regulation demonstrates that open carry is integral to this right. The court emphasized the distinction between open carry and concealed carry, indicating that regulations governing both forms of carrying firearms are not interchangeable. Judge Stephanie Ray noted the historical context, asserting that any blanket ban on open carry goes against the rights of law-abiding citizens. The ruling allows for reasonable regulations, signaling that while open carry is not absolute, it cannot be entirely extinguished for responsible adults. Following the ruling, figures in Florida law enforcement reacted with mixed responses. Florida Attorney General James Uthmeier praised the decision, framing it as a significant victory for Second Amendment rights. Conversely, some law enforcement officials expressed caution regarding public safety concerns, noting that reliance on open carry could complicate law enforcement operations and community safety. Sheriff Wayne Ivey of Brevard County welcomed the ruling, urging citizens to responsibly exercise their right to openly carry firearms. Governor Ron DeSantis had previously advocated for the repeal of the open carry prohibition, stating his belief in the need to align Florida’s laws with Second Amendment protections. The ruling serves to intensify ongoing debates surrounding gun rights and public safety in Florida, raising questions about the future of firearm regulations in the state. As the court's decision sets a precedent, stakeholders from various sides of the argument are expected to assess its implications in upcoming legislative sessions, focusing on the balance between individual rights and community safety.