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A Florida appeals court has struck down the state’s decades-old ban on open carry, declaring it unconstitutional and vacating the conviction of gun rights activist Stanley V. McDaniels.
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) hailed the unanimous decision as a “huge victory” for Florida gun owners.
McDaniels was arrested on Independence Day 2022 for openly carrying a sidearm at a Pensacola intersection. He was later convicted and sentenced to probation and community service under Florida’s open carry ban.
Attorneys Eric Friday and Chris Crawford, working with Florida Carry and with support from Gun Owners of America and attorney Don Kilmer, appealed the case.
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In Wednesday’s opinion, Judge Stephanie W. Ray, writing for the First District Court of Appeals with concurrence from Judges Lori S. Rowe and M. Kemmerly Thomas, wrote:
“Florida law generally makes it a crime for an ordinary, law-abiding, adult citizen to carry a firearm openly in public. Stanley Victor McDaniels was convicted under that law, and he now appeals. He contends that this open carry ban is incompatible with the Second Amendment’s guarantee of the right to bear arms. Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree. We therefore declare the law unconstitutional, vacate McDaniels’s conviction, and reverse his sentence.”
CCRKBA Chairman Alan Gottlieb praised the ruling and the work of Florida Carry.
“This is a huge victory for Florida gun owners, and especially for our friends at Florida Carry,” Gottlieb said. “We are hopeful the ruling will be quickly upheld by the Florida State Supreme Court so Sunshine State gun owners can enjoy the same Open Carry freedoms that citizens in almost every other state already have.”
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Attorney Eric Friday cautioned that the ruling is not final until 15 days pass without further motions, but called it a major step forward.
CCRKBA pledged to continue monitoring the case through its conclusion, with Gottlieb noting the ruling comes just ahead of the Gun Rights Policy Conference in Salt Lake City (Sept. 26–28), adding extra momentum for gun rights advocates.
For now, the McDaniels case has given open carry supporters in Florida their strongest win in years — and delivered another legal rebuke to bans that stand in tension with the plain text of the Second Amendment.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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Maybe we’ll see gun racks back in pick-up truck back windows again! What’s the fuss? an individual has to make sure a good carry rig is employed.
Police open carry. Do they have the same issues? what is the percentage of taking a holstered firearm from a police officer vs. the number of open carry law enforcement? I realize the risks. Another issue with concealed carry is the number of firearms left in restrooms, etc. I know there are many more non-reported than reported. One incident was an FBI agent leaving one under the table at a Class A horse track outside Dallas a few years ago.
The firearm was turned into the Chief of Security. The FBI agent got it back without a report. He was fortunate.
Just my opinion, so don’t shoot the messenger – pun intended, why would you want to open carry? It has been proven, unless you’re law enforcement, this is an extremely dangerous way to carry your firearm. You’ve already brought attention to yourself and lost THAT element of surprise. Why not just write ‘shoot me’ on the front and back of your shirt?
There are video’s all over the inter-web where thugs have surprised open gun-totters and snatched their gun from them, and in some cases, used it against them. BAD IDEA!
This isn’t the wild west like in the movies where everyone strapped on Samuel Colt. You’re much better off carrying concealed. Out of sight, out of mind as the ‘ol saying goes. And if you argue you can’t carry your big ‘ol $3000 shiny 1911 concealed, then find something else to carry concealed. Personally, I carry a full size Glock in a shoulder rig and a couple of NAA .22mag pocket-rockets in pant pockets. Unless you ripped my shirt open you’d never know I was armed and I don’t plan on letting you get that close!
If you want to risk it and open carry, God Bless!
And in comes the “Wild West” comparison, which is been proven over and over to be false.
This is more about restricting right(s) against law abiding citizens than it is your opinion on good, bad or indifferent and the Wild West comparisons.
To each their own and all that, but being in favor of keeping open carry ILLEGAL in Florida is anti-2A, period.
CP – you DID see the first three words I wrote, didn’t you? Contrary to what the demoncrats would have you believe, free speech is still legal – at least until the socialist/communist take over.
Quote; “This isn’t the wild west like in the movies where everyone strapped on Samuel Colt” was not a comment about wild shootouts in the streets, but about the commonality of EVERY one carrying a gun “LIKE IN THE MOVIES”. There were very few concealable self defense option in the early 1800’s, and after 1836 when the Colt was invented, I sure it was open carried due to the size and weight.
I’m a 70 year old gun collector, former gun dealer, level 4 Golden Eagle NRA member, a member of the GSSF, and various other gun organizations. No one could be more supportive of our 2nd amendment rights than myself. I’ve always said, an armed society is a polite society, but what I’m trying to convey to you is about the dangers of open carry, not a danger to the public, but to YOU! What is the purpose of open carry this day and time? Showboating? Is it … “Look at me, I’m a bad-ass and I carry a big expensive gun”? “Stay away, I have a gun”? Why else would open carry when there are some many options for CCW where you’re not telegraphing you’re armed?
Maybe even YOU will have a video posted on YouTube where a bunch of hood-rats take your gun from you, and maybe even uses it on you. I hope not! Don’t believe it? There’s a video on YT where just exactly that happened. The hood-rats took the guys’ gun from him in a convenience store and killed him with it.
That’s all I trying to say. It’s just my opinion, food for thought over a cup of coffee – as they say. If you want to open carry that big ‘ol shiny and expensive $3000 Kimber 1911, knock yourself out. It’s your right, at least in my state.
I get it, you’re ANTI-2A for your own reason(s). You can save the rest of your bloviation and keystrokes for someone else.
No, you obviously can’t read. Next time READ before posting an ignorant response. Or are your reading comprehension skills THAT bad?😏
Where I live (IL) there is no open carry and the concealed carry is restricted in many instances. Some local governments have passed laws where you cannot leave a loaded gun in your car even if the vehicle is within sight while conducting affairs away from the car in a restricted area. I believe many people sometimes cross a line where they carry even though a no carry sign is posted.
I would never open carry even if the laws allowed, I like the ambiguity that a potential criminal must face. I really wish that the Catholic Church trusted the congregation to carry like many other Churches. I know that there is no carry restriction sign posted at the Church I attend. Does that mean the restriction is not valid without the posting?
I noticed that the USPO I often use no longer has the restricted sign posted. Still trying to figure what that legal implications are for the conceal carry in those two instances. In the CC class I attended, I remember the instructor saying the restriction sign had to not only be posted but there were specific requirements on how it was posted. On the Church rectory there is a restricted sign but that’s a different building.
I know believe the congregation would be divided and right now there is a new Deacon that is a hard lefty. There was a hard left cantor that interjected his political views into the prayer requests but was told he was in violation of the tax-exempt status and toned it down a little and seems to have moved on.
this is GOOD, our Constitution has the Second Amendment which states the Right to OWN and BARE arms shall NOT be infringed that means the GOVT cannot restrict our rights to OWN and carry arms anywhere.
i’m scatching my head here, why ban open carry when you have constitutional carry?
Thank you! I was thinking the same.
Isn’t Constitutional Carry carrying any way you wish?
one would think……..