Florida appellate court tosses any state restrictions on open carry of guns

A panel of appellate Judges has ruled that any restrictions on the open carry of firearms in Florida is unconstitutional.

In a case involving frequent Pensacola political candidate Stan McDaniels, Florida’s First District Court of Appeal ruled the state’s statutory limits on carrying arms for self-defense violates Second Amendment rights under the U.S. Constitution.

“The Constitution protects the right to carry arms openly for self-defense. Florida’s Open Carry Ban cannot be reconciled with that guarantee,” reads a ruling by Appellate Judge Stephanie Ray.

Florida law states “it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.” But the ruling nullified that statute. The court ruling lists Florida as an outlier in the U.S., with only three other states — California, Connecticut and Illinois — generally prohibiting open carry.

McDaniels earlier this year ran as a write-in candidate for Congress in a Special Election in Florida’s 1st Congressional District.

In July 2022, McDaniels was arrested while waving a copy of the Constitution at a downtown Pensacola intersection. At the time, the gun rights activist was carrying a loaded handgun in a visible holster. Police arrested him at the scene for violating the law, something McDaniels appeared to invite as promised to use the case to bring open carry before the Supreme Court.

Police confiscated McDaniels’ firearm and released him, but officials issued a warrant for his arrest July 10. McDaniels surrendered himself to police the same day.

A lower court convicted McDaniels and sentenced him to probation and community service, but he appealed the decision. During his trial, McDaniels moved to dismiss his charges, arguing the statute he was charged under violated his Second Amendment rights.

Appellate judges agreed, citing three U.S. Supreme Court cases since 2008 that further strengthen individuals’ constitutional right to bear arms.

Those included the District of Columbia v. Heller ruling that affirmed the right to carry a firearm for a lawful purpose,  the McDonald v. Chicago decision saying the Second Amendment allowed firearms to be kept for self-defense, and the New York State Rifle & Pistol Association v. Bruen opinion that said governments cannot require citizens to show “proper cause” to obtain a concealed carry license.

Of note, Gov. Ron DeSantis in recent years has urged the Florida Legislature to pass an open carry law, including as recently as this week. But the Florida Legislature has been reluctant. It did pass a “permitless carry” bill that eliminated a requirement to obtain a license for concealed carry of a weapon, legislation the Governor signed in 2023.

Republican Gov. Rick Scott appointed Ray to her current seat in 2011. Judges Lori Rowe, an appointee of then-Republican Gov. Charlie Crist in 2009, and Kemmerly Thomas, a Scott appointee from 2016, joined Ray in the opinion. There was no dissent.

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