TALLAHASSEE, Fla. — A Florida appeals court on Wednesday declared unconstitutional the state's ban on openly carrying firearms, reversing a conviction and vacating the sentence of a man arrested in Pensacola in 2022.
A three-judge panel of the First District Court of Appeal concluded that the state had not shown the open-carry prohibition was consistent with the nation’s “historical tradition of firearm regulation.” The ruling arose from the July 4, 2022, arrest of Stanley McDaniels, who stood at a major downtown Pensacola intersection carrying a visible, holstered pistol and a copy of the U.S. Constitution. The panel’s opinion was written by Judge Stephanie Ray and joined by Judges Lori Rowe and M. Kemmerly Thomas.
"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," Judge Ray wrote. The opinion said that the right to open carry is not absolute and may be subject to reasonable regulation, but that the state may not extinguish the right altogether for ordinary, law-abiding adults.
The appeals court reversed McDaniels’ conviction in Escambia County and vacated the sentence imposed after his arrest. The court found the state failed to identify historical analogues or other evidence showing the prohibition fit within the country’s tradition of firearm regulation.
Florida Republican Gov. Ron DeSantis praised the decision in a post on X, saying it aligns with his long-standing position and the positions of most states. "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," DeSantis wrote. He has urged lawmakers to pass an open-carry bill.
Florida Attorney General James Uthmeier, whom DeSantis appointed to the post in February, said on X that he "fully supports the Court’s decision" and noted that his office has a responsibility to defend state law. Uthmeier has previously said his office will not defend laws he believes are unconstitutional.
The decision touches on long-running debates in Florida over gun policy. Gun rights advocates have pressed for legalization of open carry in the state for years and opposed a range of restrictions enacted by Florida’s Republican-led Legislature after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.
The ruling applies to the First District, which covers the Florida Panhandle, and directly affects McDaniels’ case. The state has options for further review, including seeking rehearing by the full court or appealing to the Florida Supreme Court, though it was not immediately clear whether prosecutors would pursue those steps.
Legal experts say courts deciding Second Amendment cases often examine historical practices and precedent to determine whether modern regulations comport with constitutional protections. In this case, the appeals panel concluded the historical record did not support a broad ban on open carry.
The decision is likely to reshape enforcement in areas within the First District's jurisdiction and could influence legislative and legal battles over open-carry policy elsewhere in Florida. Lawmakers in Tallahassee and attorneys for the state had not issued immediate detailed responses beyond the statements from the governor and attorney general.
The case underscores continuing tensions in Florida between efforts to expand or preserve gun rights and measures enacted after high-profile shootings to impose new restrictions. The appeals court ruling leaves in place the possibility for the Legislature to enact narrowly tailored regulations that the court said would not extinguish the right to bear arms openly for ordinary, law-abiding adults.
Kate Payne contributed reporting for The Associated Press/Report for America Statehouse News Initiative.