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Pensacola, FL - A Florida appeals court has struck down the state law prohibiting the open carrying of firearms, ruling it violates the Second Amendment right to bear arms.
The decision reverses the conviction of Stanley McDaniels, who was arrested on July 4, 2022, in downtown Pensacola.
McDaniels allegedly stood at a busy intersection with a visible holstered pistol while holding a copy of the U.S. Constitution.
His conviction in Escambia County has been vacated.
The First District Court of Appeal, in a three-judge panel opinion, found that the state failed to show the law aligns with the historical tradition of firearm regulation.
Judge Stephanie Ray wrote that no historical precedent supports banning open carry, and that the right to bear arms in public includes the right to do so openly.
Judges Lori Rowe and M. Kemmerly Thomas joined the opinion, noting that open carry may be regulated but cannot be entirely prohibited for law-abiding adults.
Governor Ron DeSantis welcomed the ruling and has called on lawmakers to pass legislation allowing open carry.
He stated that the court’s decision aligns with the Second Amendment’s text and the policies of the majority of U.S. states.
Florida Attorney General James Uthmeier, appointed by DeSantis in February, also supported the ruling, emphasizing the importance of protecting citizens’ right to self-defense.
The ruling represents a significant development for gun rights in Florida, where restrictions increased following the 2018 mass shooting at Marjory Stoneman Douglas High School.
The court’s decision reinforces that law-abiding adults may openly carry firearms, subject to reasonable regulation.