FLORIDA’S OPEN CARRY BAN UNCONSTITUTIONAL

🚨 Florida Court Strikes Down Open Carry Ban as Unconstitutional

In a landmark ruling with statewide implications, Florida’s First District Court of Appeal has declared the state’s ban on openly carrying firearms unconstitutional under the Second Amendment.

📜 The Case: McDaniels v. State of Florida

On July 4, 2022, Stanley Victor McDaniels stood peacefully at a Pensacola intersection, waving at cars, holding a copy of the U.S. Constitution, and carrying a holstered handgun visible on his waistband. Although he had a valid Florida concealed carry permit, the open display of his firearm led to his arrest and conviction under Section 790.053, Florida Statutes, which criminalized open carry for most Floridians.

McDaniels challenged the conviction, arguing that the open carry ban violated his Second Amendment rights. The appellate court agreed—and in doing so, overturned decades of legal precedent.

⚖️ What the Court Decided

In a sweeping constitutional opinion, the court ruled:

“The Constitution protects the right to carry arms openly for self-defense. Florida’s Open Carry Ban cannot be reconciled with that guarantee.”

The court declared Section 790.053 unconstitutional, vacated McDaniels’s conviction, and remanded the case with instructions for dismissal.

🔍 Why This Matters: A New Era in Second Amendment Law

This decision marks a dramatic shift in Florida’s firearms policy. Previously, Florida allowed only concealed carry with a license and recently added concealed carry without a license for those who could qualify for a license, but prohibited carrying firearms openly outside of narrow exceptions like hunting or fishing.

The court’s ruling follows the U.S. Supreme Court’s modern Second Amendment jurisprudence, particularly:

• District of Columbia v. Heller (2008) – Recognized an individual right to possess firearms for self-defense.

• McDonald v. City of Chicago (2010) – Incorporated the Second Amendment against the states.

• New York State Rifle & Pistol Ass’n v. Bruen (2022) – Rejected interest-balancing tests in favor of a “text, history, and tradition” framework.

🧠 The Legal Test: Text, History, and Tradition

The court applied the Bruen standard, which asks two key questions:

1. Does the Second Amendment’s text cover the conduct?
   → Yes. “To bear arms” includes the open carrying of firearms in public.

2. Is the regulation consistent with historical tradition?
   → No. The State failed to present any meaningful historical precedent banning open carry by law-abiding citizens.

The court found that open carry was historically the norm, and that any regulation of it was narrow, targeted at criminals, or required only surety bonds—not broad bans.

🏛️ What About Concealed Carry Bans?

The State argued that historical bans on concealed carry justified the open carry ban. The court rejected that logic:

“Concealed carry was viewed as dangerous to public safety… while open carry was understood to be the lawful and preferred mode of bearing arms.”

In other words, you can’t ban both. If concealed carry can be limited, carrying openly must remain available.

📈 What This Means for Gun Owners

• Florida Gun Owners: This ruling potentially legalizes open carry for all law-abiding citizens in Florida, pending appeal or further legislation.  The ruling does not change anything until the time for rehearing is over.  Stand by and watch our website for updates.  DO NOT START OPEN CARRYING YET!

• Second Amendment Advocates: This is a major legal victory. The opinion reaffirms that the right to “bear” arms includes public open carry.

• Other States: Florida joins a growing list of jurisdictions where open carry bans are falling under constitutional scrutiny.

📣 What’s Next?

While this ruling is not final until time for rehearing or appeal expires, it sends a strong signal that bans on open carry by law-abiding citizens are on shaky constitutional ground. If appealed, the case could end up before the Florida Supreme Court—or even the U.S. Supreme Court.

🔑 Key Takeaways

• Florida’s Open Carry Ban has been declared unconstitutional.

• The right to bear arms includes the right to carry them openly in public.

• The ruling is based on text, history, and tradition, not interest balancing or legislative discretion.

• The decision aligns with recent Supreme Court rulings that have strengthened Second Amendment protections.

🔗 Stay Informed

We’ll continue to track the case of McDaniels v. State of Florida as it develops. For more updates on your Second Amendment rights in Florida and across the nation, subscribe to our newsletter or follow us on social media.

Learn more about open or concealed carry while camping.  Click Here.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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