HUGE Second Amendment Win In Florida After Court Ruling

A Florida appeals court on Wednesday ruled the state’s open carry ban is unconstitutional.

The court ruled the restriction violates the Second Amendment.

“The ruling was issued Wednesday by Florida’s First District Court of Appeal and stemmed from a July 4, 2022 case in which Stanley Victor McDaniels was arrested for violating the ban and later appealed his conviction,” Florida’s Voice reports.

BREAKING: Court overturns Florida’s ban on open carry — rules such a law violates the 2nd Amendment pic.twitter.com/pgtPKnqD99

— Florida’s Voice (@FLVoiceNews) September 10, 2025

More from Florida’s Voice:

Under current law, Floridians are prohibited from openly carrying firearms except in limited circumstances, such as while hunting or camping. Concealed carry without a legal permit is legal in Florida, but open carry has long remained restricted.

“He contends that this open carry ban is incompatible with the Second Amendment’s guarantee of the right to bear arms. Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree,” the court wrote. “We therefore declare the law unconstitutional, vacate McDaniels’s conviction, and reverse his sentence.”

The opinion described Florida as an “outlier,” noting it is one of only a few states – along with California, Connecticut, and Illinois – that generally prohibit the open carrying of firearms.

Gov. Ron DeSantis has previously called on Republican lawmakers to pass open carry legislation, but no such legislation passed in the last legislative session. Senate President Ben Albritton previously told reporters he would not support it.

“Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide. Our office fully supports the Court’s decision. This is a big win for the Second Amendment rights of Floridians. As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable,” Florida Attorney General James Uthmeier commented.

Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide. Our office fully supports the Court’s decision.

This is a big win for the Second Amendment rights of Floridians.

As we’ve all witnessed over the…

— Attorney General James Uthmeier (@AGJamesUthmeier) September 10, 2025

“This decision aligns state policy with my long-held position and with the vast majority of states throughout the union. Ultimately, 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,” Gov. Ron DeSantis said.

This decision aligns state policy with my long-held position and with the vast majority of states throughout the union.

Ultimately, 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. https://t.co/fOi1AjsPvS

— Ron DeSantis (@GovRonDeSantis) September 10, 2025

CBS News provided further info:

The Florida Supreme Court in 2015 upheld the constitutionality of the open-carry ban. But in Wednesday’s opinion, Ray said a 2022 U.S. Supreme Court decision in a case known as New York State Rifle & Pistol Association v. Bruen governs the issue. That decision focused on looking at the “historical tradition” of firearms regulation.

Ray wrote that the Florida Supreme Court’s decision, which stemmed from a 2012 arrest in St. Lucie County, “does not provide controlling precedent, and this court must evaluate McDaniels’ claim under the (U.S.) Supreme Court’s text, history, and tradition standard.”

“Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution,” Wednesday’s opinion said. “The state therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition. The state has not met that burden. It is not enough to rely on a generalized tradition of firearms regulation, for at that level of abstraction almost any law could be sustained.”

Florida has allowed people to carry concealed weapons for decades but has barred openly carrying firearms. DeSantis on Monday said he would renew a push for lawmakers to end the open-carry prohibition.

“We should be an open-carry state,” DeSantis said during an appearance in Plant City.