Florida Appeals Court Overturns Open Carry Ban, Sparking Statewide Legal and Safety Debate

September 10, 2025
Florida Appeals Court Overturns Open Carry Ban, Sparking Statewide Legal and Safety Debate
  • A Florida appeals court has declared the state's law banning open carry of firearms unconstitutional, citing the Second Amendment right to bear arms, a decision that could reshape gun laws across the state.

  • The ruling was made in favor of Stan McDaniels, who challenged the law after being arrested for openly carrying a handgun during his 2022 campaign and subsequently convicted, highlighting the legal shift.

  • Supporters including Governor Ron DeSantis and Attorney General James Uthmeier have expressed support for the decision and are urging lawmakers to pass an open carry bill in the upcoming legislative session.

  • While enforcement of the ban is currently ongoing in some jurisdictions, several sheriff's offices, such as Brevard, Clay, and Bradford counties, have announced they will cease enforcement, emphasizing private property rights and the ability of property owners to restrict open carry.

  • Law enforcement agencies across North Central Florida are updating procedures to comply with the ruling, and some officials, like Alachua County Sheriff Chad Scott, have indicated enforcement will continue until legal processes are finalized.

  • The ruling applies primarily to the First District, covering areas from Pensacola to Jacksonville, but it could lead to broader legal challenges across Florida, especially since the state's law on concealed carry was changed in 2023 to remove permit requirements.

  • Legal exemptions for open carry include law enforcement, military, hunters, and individuals engaged in fishing or camping, with brief, non-threatening displays of firearms still permitted.

  • The decision has sparked mixed reactions, with supporters viewing it as a constitutional affirmation of Second Amendment rights and opponents raising concerns about public safety and increased risks.

  • Some local residents and business owners believe open carry should be a personal choice but emphasize the importance of responsible gun handling and acknowledge potential safety concerns, such as road rage incidents.

  • The ruling coincides with the launch of a '2nd Amendment Sales Tax Holiday,' which eliminates taxes on firearms and ammunition through the end of December, reflecting a broader shift in Florida's gun laws.

  • Despite the legal victory, restrictions still exist on carrying firearms in certain public and private spaces like courthouses, polling places, and government buildings, and private property owners retain the right to prohibit open carry.

  • Some sheriffs, including Orange County Sheriff John Mina, oppose open carry laws citing safety concerns, while others like Bradford County Sheriff Gordon Smith support responsible open carry and assured continued law enforcement support.

  • The case's background involves McDaniels' prior convictions, including a dismissed felony drug charge and domestic violence misdemeanor charges, which played a role in his legal challenge.

Summary based on 28 sources


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