Florida Court Strikes Down Open Carry Ban — A Landmark Win for the Second Amendment

The Case: McDaniels v. State of Florida

The challenge that toppled Florida’s prohibition on open carry began with Stanley McDaniels, who was arrested and convicted for openly carrying a holstered handgun.
On September 10, 2025, the First District Court of Appeal held that Florida’s ban in § 790.053 violates the Second Amendment under the Supreme Court’s Bruen standard—because the State failed to show any enduring historical tradition that would justify a broad prohibition on carrying firearms openly.

In short: the court said the right to “bear” arms includes the right to carry them openly, and Florida’s blanket ban can’t stand.

Key holding: Florida’s open carry ban lacks historical precedent and is therefore unconstitutional under the Second Amendment.

The opinion reversed McDaniels’ conviction and answered the certified question from the trial court squarely in favor of the right to carry.

Attorney General Guidance: “Open Carry Is the Law of the State”

Following the ruling, Attorney General James Uthmeier issued formal guidance to prosecutors and law enforcement stating that open carry is now recognized statewide. His memo clarified practical implications for agencies during and after the brief procedural window that followed the decision.

Local outlets and national coverage quickly echoed the shift, noting agencies adjusting policies and reminding the public that Florida’s existing list of sensitive locations still applies.

What This Means for Florida Gun Owners

• Restored Choice: Floridians already had permitless concealed carry. Now they can lawfully choose to carry openly or concealed, based on context, comfort, and mission.
• In Step with the Nation: Florida joins the overwhelming majority of states that recognize some form of open carry.
• Sensitive Places Still Apply: The ruling doesn’t change Florida’s existing restrictions for certain locations (e.g., schools, courthouses). Know the law before you carry.
• Precedent Going Forward: Expect this decision to be cited in future challenges to other outlier restrictions that can’t be squared with Bruen and American history.

Practical Tips: Exercising the Win Responsibly

• Training & Judgment: Open carry is legal; professionalism is essential. Seek training on de-escalation, retention, and situational awareness.
• Gear Considerations: Quality holsters with active retention matter even more when you carry in the open.
• Stay Current: Keep an eye on any clarifications from state agencies and courts.

A Day to Celebrate

For years, Florida’s “Gunshine State” reputation was dulled by a ban on open carry. Today, thanks to a citizen willing to stand up, a court willing to follow the Constitution, and an Attorney General who honored his oath, the right to bear arms in Florida finally means what it says. This is a proud moment for the state and for the Second Amendment nationwide.

Next Steps

Want to make sure you’re squared away? Brush up on carry law and best practices, and consider additional training. Explore our carry law resources, and level up your knowledge with our courses and community.