A Florida appeals court on Wednesday ruled the state’s decades-long ban on openly carrying weapons in public violates constitutional rights, sparking celebration from conservatives.
The First District Court of Appeal of Florida issued a decision striking down the state’s 1987 ban on the open carrying of firearms, writing that it infringes on Second Amendment rights. Offenders charged under the law faced a second-degree misdemeanor with a $500 fine or a maximum of 60 days in jail.
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“The Constitution protects the right to carry arms openly for self-defense,” Judge Stephanie Ray, writing for a unanimous three-judge panel, said. “Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution. The State therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition.”
“No historical tradition supports Florida’s Open Carry Ban… to the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly,” she added. “That is not to say that open carry is absolute or immune from reasonable regulation. But what the state may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”
Leading state Republicans praised the court’s decision, which came as the judicial bench weighed in on the case of Stanley Victor McDaniels, who was arrested after openly carrying a holstered handgun in 2022.
“Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide,” Florida Attorney General James Uthmeier said in a statement. “Our office fully supports the Court’s decision. This is a big win for the Second Amendment rights of Floridians.”
Gov. Ron DeSantis (R-FL) added his conviction that “the court correctly ruled that the text of the Second Amendment — ‘to keep and bear arms’ — says what it means and means what it says.”
The decision means Florida joins 46 states that allow open carry in some form, according to World Population Review. The court ruling also calls into question the enforceability of Florida’s open-carry law statewide, with a number of sheriff’s offices stating this week plans to instruct deputies to no longer enforce the ban.
Clay County Sheriff Michelle Cook, as well as the Bradford County Sheriff’s Office and the Columbia County Sheriff’s Office, issued similar statements saying they would not prohibit residents from openly carrying, while clarifying the right is “not absolute.”
“The only place open carry cannot be prohibited is where the government property is open to the public AND unrestricted,” Cook said in a statement. “The right to open carry is not absolute. For example, grocery stores, shopping centers, etc., could prohibit the open carrying of a firearm.”
Cook suggested that the timing of the message was “very uncomfortable,” given the assassination of political influencer Charlie Kirk by an unknown gunman in Utah the same day.
“I ask that all members of our community use sound discernment and respect in regard to carrying a firearm,” she wrote. “If you are so inclined, I ask that you pray for the Kirk family, our country, and our community.”
The appeals court decision marks a sharp reversal from just eight years ago, when the Florida Supreme Court upheld the state’s open-carry prohibition. The 2017 ruling concluded the law did not violate either the U.S. or Florida constitutions.
However, in Wednesday’s opinion, the court cited a more recent U.S. Supreme Court ruling regarding Second Amendment rights as the basis for throwing out the law, specifically a 2022 decision known as New York State Rifle & Pistol Association v. Bruen, which focused on looking at the “historical tradition” of firearms regulation.
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In areas where the state law is no longer enforced, regulation will still bar people from carrying firearms in any capacity to certain areas, including police stations, courthouses, polling places, and college campuses.
Florida has already legalized concealed carry. A 2023 law allows gun owners to carry concealed weapons without a permit, concealed or not. No state permit is required to possess or purchase a rifle, shotgun, or handgun.