Florida’s decades-long ban on openly carrying firearms is coming to an end after a state appeals court struck it down as unconstitutional — and officials say they won’t be standing in the way.
The decision, handed down on September 10, 2025, by Florida’s First District Court of Appeal, found that the state’s 1987 open carry law violated the Second Amendment right to bear arms. Unless something changes, the ruling will officially take effect on September 25, 2025, opening the door for Floridians to carry guns in plain view for the first time in nearly 40 years.
A unanimous three-judge panel of the 1st District Court of Appeal concluded that the prohibition conflicts with the nation’s “historical tradition of firearm regulation,” citing recent U.S. Supreme Court precedent.
“No historical tradition supports Florida’s open carry ban,” Judge Stephanie Ray wrote in a 20-page opinion joined by Judges Lori Rowe and M. Kemmerly Thomas. “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. But what the state may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”
How the Case Began
The ruling stems from the 2022 conviction of Stanley Victor McDaniels, who was arrested in Pensacola. McDaniels had been carrying a holstered firearm — notably, holding a copy of the U.S. Constitution — at a July 4th celebration. His arrest sparked a legal battle that ended in this major court victory.
Florida’s open carry ban, enacted in 1987, had previously survived legal challenges, including a 2015 Florida Supreme Court decision that upheld its constitutionality. However, the appellate court said the legal landscape changed after the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling emphasized evaluating firearm restrictions based on historical tradition.
“The state therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition,” Judge Stephanie Ray wrote. “The state has not met that burden.”
Leaders React
The state’s top officials aren’t planning to fight the decision. Attorney General James Uthmeier said he “fully supports the Court’s decision,” while Governor Ron DeSantis also applauded the ruling. That means the new open carry rules are all but specific to take effect on schedule.
Florida was previously one of just four states — along with California, Connecticut, and Illinois — with a near-total ban on open carry.
Not everyone is treating the ban as lifted just yet.
Sheriffs have told deputies to stop enforcing the law in several counties, including Hillsborough, Pasco, Orange, Osceola, and Volusia. However, others, like Pinellas and Manatee counties, wait until the September 25 deadline before changing their approach.
Pinellas County Sheriff Bob Gualtieri reminded residents that “open carry of guns [is] not yet legal in Florida despite court ruling,” adding that his office is working with state officials on how best to implement the change.
State Sen. Shevrin Jones, D-Miami-Dade, said the ruling will create more problems than it solves.
“I respect the value of the Second Amendment and the rights of law-abiding gun owners. Floridians already have strong protections under existing laws, including concealed carry and stand your ground,” Jones said. “I absolutely disagree with the court’s decision on open carry. I think it is reckless and I think it is unnecessary. Open carry has not been proven to make the community safer. It creates more confusion for law enforcement and fear in families of being in public spaces.”
What Open Carry Actually Means in Florida
Even with the new law, firearms won’t be allowed everywhere. Guns will still be banned in sensitive places like:
- Schools and universities
- Courthouses and polling places
- Bars and nightclubs that serve alcohol
- Government meetings
- Airports beyond security
- Police stations, jails, and federal facilities
Private property owners will also be able to prohibit firearms on their premises. Breaking those rules could result in felony charges.
It’s also important to note:
- Florida already allows permitless concealed carry, a law enacted in July 2023.
- The minimum age to openly carry a firearm will remain 18.
- The court stressed that open carry is subject to reasonable regulation but can’t be banned outright.
Barring any last-minute changes, Floridians can carry firearms openly starting September 25. That date marks a significant shift in the state’s gun laws and will bring Florida in line with most states that allow some form of open carry.
