Florida’s open carry ban ruled unconstitutional by state appeals court

TALLAHASSEE, Fla. (AP) — A Florida appeals court on Wednesday declared unconstitutional a state law banning the open carrying of firearms, calling the law incompatible with the Second Amendment right to bear arms.

The First District Court of Appeal issued its ruling in a case stemming from the July 4, 2022, arrest of a man who stood at a major intersection in downtown Pensacola carrying a visible, holstered pistol and a copy of the U.S. Constitution.

The decision by a three-judge panel reverses the conviction of Stanley McDaniels in Escambia County in the Florida panhandle. It also vacates his sentence, finding that the state has failed to show that the law is consistent with the country’s “historical tradition of firearm regulation.”

“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 Stephanie Ray wrote in an opinion, joined by Judges Lori Rowe and M. Kemmerly Thomas.

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

Florida Republican Gov. Ron DeSantis applauded the decision in a post on X. He has called for lawmakers to pass an open carry bill.

“This decision aligns state policy with my long-held position and with the vast majority of states throughout the union,” DeSantis wrote. “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.”

Legalizing open carry has long been a major focus of gun rights activists in the state, who oppose the slate of restrictions that Florida’s Republican-dominated Legislature implemented in the wake of the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.

Florida Attorney General James Uthmeier said in a post on X that he “fully supports the Court’s decision” to strike down the state law, which his office has a responsibility to defend.

“This is a big win for the Second Amendment rights of Floridians,” Uthmeier said, adding that “our God-given right to self-defense is indispensable.”

Uthmeier, who DeSantis appointed to the post in February, has previously said his office won’t defend state gun laws he believes are unconstitutional.

___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.