
A Florida appeals court just delivered a crushing blow to decades of unconstitutional gun control, ruling that the state’s open carry ban violates the Second Amendment and lacks any historical foundation in American law.
Story Highlights
- Florida’s 1st District Court of Appeal declares the state’s 38-year open carry ban unconstitutional
- Court cites Supreme Court’s Bruen decision requiring gun laws to align with historical tradition
- Governor DeSantis publicly supports repealing the ban as legal challenges mount
- Ruling could set precedent for challenging similar unconstitutional restrictions nationwide
Court Delivers Constitutional Victory for Gun Rights
The 1st District Court of Appeal issued a landmark ruling striking down Florida’s open carry prohibition, explicitly stating that “no historical tradition supports Florida’s open carry ban.” The decision stems from Stanley Victor McDaniels’ 2022 conviction for openly carrying a firearm in Pensacola, challenging a restriction that has violated constitutional rights since 1987. The court applied the Supreme Court’s transformative Bruen standard, which requires firearm regulations to demonstrate consistency with America’s historical legal tradition.
Historical Analysis Exposes Gun Control Overreach
The appeals court’s analysis reveals what Second Amendment advocates have long argued: open carry was widely accepted throughout American history, with early restrictions typically targeting concealed carry instead. Florida permitted open carry until 1987, when political pressure from figures like Janet Reno led to the ban during a special legislative session. The NRA initially opposed the restriction, recognizing it as an unconstitutional infringement on fundamental rights that contradicted centuries of American legal precedent.
Bruen Decision Transforms Legal Landscape
The Supreme Court’s 2022 Bruen decision fundamentally changed how courts evaluate gun laws, establishing historical tradition as the primary test for Second Amendment cases. This constitutional framework has systematically dismantled gun control measures that lack historical justification, empowering law-abiding citizens to challenge decades of unconstitutional restrictions. The Florida ruling demonstrates how Bruen continues reshaping firearms jurisprudence, forcing courts to abandon modern policy preferences in favor of constitutional principles and historical evidence.
DeSantis Supports Constitutional Rights Restoration
Governor Ron DeSantis has publicly endorsed repealing Florida’s open carry ban, aligning with the constitutional principles upheld by the appeals court. This support reflects Florida’s broader commitment to expanding gun rights, including recent adoption of permitless concealed carry laws. The ruling faces likely appeal to the Florida Supreme Court, but the legal momentum clearly favors constitutional restoration over continued infringement on Second Amendment freedoms.
Florida court strikes down open carry ban as unconstitutional! Major gun rights victory could reshape state firearms law. Hear Stan McDaniels' 2022 podcast. https://t.co/d13yCAWOhY
— Rick Outzen (@routzen) September 10, 2025
The decision could establish crucial precedent for challenging similar unconstitutional bans across the nation, potentially liberating millions of law-abiding Americans from decades of government overreach. Legal scholars recognize that Bruen’s historical tradition standard makes defending blanket carry prohibitions virtually impossible, suggesting this Florida victory represents the beginning of nationwide constitutional restoration for gun rights.
Sources:
Florida Carry: Janet Reno’s Ban on Open Carry in Florida
CBS News Miami: Appeals court rules Florida’s open carry ban is unconstitutional
Wikipedia: History of concealed carry in the United States
Broward Criminal Team: Understanding Florida Gun Laws