Appeals court shoots down Florida’s open carry ban

TALLAHASSEE, Fla. (CN) — Florida’s decades-old law against the open carry of firearms violates the Second Amendment, a state appeals court panel ruled Wednesday.

“No historical tradition supports Florida’s open carry ban,” wrote Judge Stephanie Ray in the 20-page opinion. “To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly.

“That is not to say that open carry is absolute or immune from reasonable regulation,” she continued. “But what the state may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”

Ray’s decision was joined by Judges M.K. Thomas and Lori Rowe. In her opinion, she called Florida an “outlier,” one of only three states that ban open carry.

The Florida ban, enacted in 1987, has survived repeated repeal attempts by lawmakers.

The Florida Supreme Court even upheld the ban in a 2017 challenge to the law.

The case began July 4, 2022, when Stanley Victor McDaniels stood at a downtown Pensacola intersection waving a copy of the U.S. Constitution, with a loaded Beretta M9 handgun on his hip.

Police said McDaniels, who showed identification and a concealed carry permit, was told he couldn’t display the firearm. Officers confiscated the gun and later arrested him on a warrant for violating the open carry ban, a second-degree misdemeanor. A Republican and former local office candidate, McDaniels told police he planned to take the case to the U.S. Supreme Court.

A county court denied McDaniels’ request to dismiss the charge, convicting and sentencing him to probation and community service. McDaniels quickly appealed.

Top Republicans across the state lauded the appellate decision.

“Our office fully supports the court’s decision,” Florida Attorney General James Uthmeier said in a statement. “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.”

U.S. Representative Byron Donalds, a Republican contender for the state’s next governor, thanked the court.

“This is a great ruling for the Second Amendment,” he said in a social media post. “Shall not be infringed, means shall not be infringed!”

In a social media post, former state Representative Anthony Sabatini attacked fellow Republicans for not repealing the law sooner.

“As a member of the Florida House of Representatives, I fought for four years in Tallahassee for open carry—only to see my gun bills blocked by fake Republicans—thank you to Florida’s First District Court of Appeal for standing up for liberty while the legislature failed.”

The appeals court decision also overturns McDaniels’ conviction. McDaniels could not be reached for comment. He is currently serving time in Escambia County jail for violating an injunction for protection from domestic violence.

As recent as this past legislative session, Republican lawmakers have shied away from repealing the law. When asked about the issue earlier this year, state Senate President Ben Albritton cited concerns from law enforcement.

Albritton could not be immediately reached for comment.

In a statement, Florida Sheriffs Association President and Seminole County Sheriff Dennis Lemma acknowledged reading the ruling, but did not give any criticism.

“As always, Florida’s sheriffs remain steadfast in their duty to uphold the law and ensure the safety and security of the communities we serve,” he said.

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