Florida's Open Carry Law: A Shift in Gun Rights

On September 10, 2025, a three-judge panel from the First District Court of Appeal in Tallahassee ruled that Florida's long-standing ban on openly carrying firearms is unconstitutional, citing violations of the Second Amendment. This decision effectively allows open carry in Florida, making it the last Republican-led state to lift such a ban. Florida Attorney General James Uthmeier announced that law enforcement should no longer arrest or prosecute individuals for openly carrying firearms, stating, “Open carry is the law of the state.” The ruling stems from a case involving Stanley Victor McDaniels, who was convicted for openly carrying a firearm in Pensacola in 2022.

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Florida's original ban on openly carrying firearms was enacted in the 19th century, repealed in the 1980s, and re-enacted in 1987 under Governor Bob Martinez. The Florida Supreme Court upheld this ban in 2015. However, the recent ruling referenced the U.S. Supreme Court's 2022 decision in *New York State Rifle & Pistol Association v. Bruen*, which invalidated similar restrictions, asserting that “no historical tradition supports Florida’s open carry ban,” according to Judge Stephanie Ray.

Tallahasee Democrat

Following the ruling, the Florida Sheriffs Association advised all 67 county sheriffs not to enforce the open carry ban. While the law remains on the books, it has been rendered moot due to a lack of enforcement. Uthmeier emphasized that the ruling does not permit individuals to threaten others with firearms and that existing restrictions on carrying guns in sensitive locations, such as schools and courthouses, remain in effect.

Tallahasee Democrat

Democratic state legislators have expressed concerns that the ruling could increase violence and make Florida less attractive to tourists. State Senator Shevrin Jones criticized the decision as “tone deaf given the state of violence in this country,” arguing that Florida's existing laws already robustly protect Second Amendment rights. Sheriff Bob Gualtieri of Pinellas County raised questions about the ruling's applicability, noting that the First District Court's decision does not encompass all counties in Florida.

Orlando Sentinel

The ruling technically does not take effect until September 25, 2025, allowing time for potential appeals. However, Uthmeier has indicated that his office will not seek a rehearing. As the legal landscape evolves, the implications of this ruling on public safety and gun rights in Florida will continue to be a topic of debate.

New York Times

• “Open carry is the law of the state,” — James Uthmeier, Florida Attorney General

New York Times

• “No historical tradition supports Florida’s open carry ban,” — Judge Stephanie Ray

New York Times

• “This ruling goes against the common-sense protections that keep our communities safe,” Jones wrote.” — State Senator Shevrin Jones

Orlando Sentinel

This ruling marks a significant shift in Florida's approach to gun rights, aligning state policy with the broader national trend towards more permissive gun laws.

Tallahasee Democrat