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Florida Appeals Court Strikes Down Open Carry Gun Law

GAINESVILLE, Fla. – A Florida appeals court ruled Wednesday that the state’s prohibition on openly carrying firearms is unconstitutional. This decision marks a significant change in Florida’s gun laws, which previously restricted gun owners from visibly carrying weapons in public.
The 1st District Court of Appeals’ unanimous decision stated that the Second Amendment supports the right to bear arms publicly. The ruling came in a case involving Stanley Victor McDaniels, who was convicted for openly carrying a loaded gun in Pensacola during a Fourth of July celebration in 2022.
Judge Stephanie W. Ray, who wrote the court’s opinion, emphasized that “the right to bear arms in public necessarily includes the right to do so openly.” However, she noted that the open carry right is not immune from reasonable regulation.
Florida Governor Ron DeSantis welcomed the court’s ruling, aligning it with his previous stance on gun rights. DeSantis stated, “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.”
Attorney General James Uthmeier, a gun rights supporter, declared on social media that the ruling established open carry as the law of the state. He urged prosecutors and law enforcement to cease enforcement of the open carry ban, which had previously made it a misdemeanor to display a firearm openly.
Gun control advocates expressed dismay over the ruling, claiming it could lead to increased gun violence in Florida. Fred Guttenberg, an advocate after the Parkland shooting, criticized the ruling, calling it dangerous and contrary to public safety.
The court’s ruling specifically overturned McDaniels’ conviction, which had resulted in a sentence of probation and community service. McDaniels was found waving a loaded pistol in public, stating he intended to challenge the law.
McDaniels remains in jail for a separate domestic violence charge but is expected to be released on January 10. Following the appeals court decision, state laws limiting gun carrying in specific places, such as schools and government buildings, remain unaffected.
As the law stands, private businesses can enforce their own firearm policies, with locations like Disney World maintaining existing bans on guns within their properties.