TALLAHASSEE, Fla. — Florida’s attorney general is telling law enforcement and prosecutors to stop enforcing the state’s decades-old ban on openly carrying firearms, after a court ruling declared the prohibition unconstitutional.
In a letter sent Monday, Attorney General James Uthmeier said the McDaniels v. State decision by the First District Court of Appeal means “no Florida court will any longer be empowered to convict a defendant” under the ban, and that his office will no longer defend such prosecutions.
“Prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others,” Uthmeier wrote.
Court Decision
The guidance follows a unanimous ruling last week that struck down the 1987 open-carry statute, which made it a misdemeanor to visibly carry a firearm outside of limited exceptions, like hunting and fishing.
The case stemmed from the arrest of Stanley Victor McDaniels, a Pensacola man who carried a holstered handgun and waved a copy of the U.S. Constitution during a July 4, 2022, demonstration.
Writing for the panel, Judge Stephanie Ray said Florida’s law “cannot be reconciled” with the Second Amendment.
“The Constitution protects the right to carry arms openly for self-defense,” Ray wrote. “Florida’s Open Carry Ban cannot be reconciled with that guarantee. Section 790.053, Florida Statutes, is therefore declared unconstitutional.”
Historical Reasoning
The judges relied heavily on the U.S. Supreme Court’s Bruen (2022) decision, which requires courts to evaluate modern firearm restrictions by their text, history, and tradition. They found open carry was the “default mode of bearing arms” at the founding, while concealed carry was more often regulated.
The ruling reversed a 2017 Florida Supreme Court decision that upheld the ban, which at the time emphasized public safety and pointed to the availability of concealed-carry permits.
State Reaction
Gov. Ron DeSantis, who has long supported open carry, praised the court’s decision on X last week, calling it consistent with his position and “the vast majority of states throughout the union.”
Uthmeier, despite his office having previously defended the statute, also endorsed the outcome. He said the ruling leaves intact other firearm limits, including prohibitions on threatening displays, felons in possession, gun-free zones like schools and courthouses, and private property rights to bar firearms.
On social media, he called it “a big win for the Second Amendment rights of Floridians.”
Democratic Pushback
Florida Democratic Party Chair Nikki Fried sharply criticized the ruling.
“I strongly believe that the First District Court of Appeals has erred in its recent opinion, which paves the way for open carry in the State of Florida,” she said.
Fried warned the decision could “embolden those who could abuse the ruling’s intent to sow seeds of terror,” urging law enforcement to hold off until a final legal judgment is reached.
“Historically, the Florida Sheriffs Association, many departments across the state, and leaders on both sides of the aisle have agreed: open carry will make Floridians less safe,” she said.
Campus Concerns
At Florida State University, where two were killed in a campus shooting last April, student leaders expressed alarm.
“Open carry has absolutely no place on campus,” said FSU College Democrats President Madalyn Propst, who was nearby during the April shooting.
Propst warned that allowing more firearms could create chaos for law enforcement in an active-shooter scenario: “If there are multiple students with weapons running around campus, terrified because someone’s shooting at their friends, police are not going to know who’s the shooter and who’s just a scared student trying to protect themselves.”
She added that she and fellow students plan to lobby lawmakers for stronger child-access prevention laws in the upcoming legislative session.
Legal Perspective
Kirk Evans, a Houston-based gun law attorney and head of U.S. LawShield, said the ruling is likely the “new law in the state of Florida” unless the courts act before a September 25 rehearing deadline.
“There’s a very, very good chance this is the end,” Evans said. But he cautioned gun owners that open carry does not mean “carry anywhere, anytime.”
“There are still prohibited places under state law where you cannot bring a firearm,” Evans noted, adding that private businesses can also bar firearms from their property.
What’s Next
The decision vacates McDaniels’ conviction and immediately undercuts the state’s ability to enforce the open-carry ban. Florida could still seek a rehearing or ask the state Supreme Court to review the case, though that now seems unlikely.
For now, the ruling represents a seismic shift in Florida gun law, moving the state closer to the majority of others that already permit open display of firearms in public — even as Democrats and campus leaders warn it could make Floridians less safe.
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