Florida Appeals Court Overturns State's Open-Carry Ban, Citing Second Amendment

Tallahassee, Florida – A Florida appeals court has delivered a landmark decision, striking down the state's decades-old ban on openly carrying firearms in public as unconstitutional. The unanimous ruling by a three-judge panel for the 1st District Court of Appeals, issued on Wednesday, September 10, 2025, concluded that the Second Amendment, supported by the nation's "historical tradition of gun regulation," invalidates Florida's statute. This decision effectively allows open carry in Florida, which had been one of the last remaining states to prohibit the practice.

The court asserted that "History confirms that the right to bear arms in public necessarily includes the right to do so openly." While acknowledging that open carry is not absolute and is subject to reasonable regulation, the court stated that the state "may not extinguish the right altogether for ordinary, law-abiding, adult citizens." The ruling stems from a case involving Stanley Victor McDaniels, who deliberately challenged the law in 2022 by openly carrying a loaded pistol.

Florida Governor Ron DeSantis applauded the ruling, stating on social media, "This decision aligns state policy with my long-held position and with the vast majority of states throughout the union." State Attorney General James Uthmeier echoed this sentiment, calling it "a big win for the Second Amendment rights of Floridians" and confirming his office's support for the decision. Gun control advocates, however, swiftly criticized the outcome, with Fred Guttenberg, a gun safety advocate, warning that "This decision is both dangerous and will lead to more gun violence in Florida."

In a contrasting development on the same day, a federal appeals court in New Jersey largely upheld a state law restricting where gun owners can carry firearms, including in parks, beaches, and casinos. The 3rd U.S. Circuit Court of Appeals largely rejected a constitutional challenge to New Jersey's 2022 law, affirming the state's authority to designate "sensitive places" where guns are prohibited. This highlights the ongoing legal complexities and varying interpretations of Second Amendment rights across different jurisdictions following the Supreme Court's Bruen decision.

The Florida ruling overturns McDaniels' conviction for openly carrying a weapon and could pave the way for a significant shift in gun laws within the state. It remains unclear whether the state will appeal the decision to the Florida Supreme Court, but the immediate guidance from the Attorney General's office indicates that law enforcement should no longer arrest or prosecute individuals for openly carrying firearms.