TPTB in Florida state that the state will not appeal, so as I have been told, on the 25th, the ruling will become permanent case law.

Florida Court Strikes Down Open Carry Ban

Florida’s 1st District Court of Appeals struck down the state’s 37-year-old open carry ban Wednesday, declaring the prohibition unconstitutional and delivering a significant victory for gun rights advocates.

The three-judge panel ruled unanimously that Florida’s 1987 law violates the Second Amendment, overturning decades of precedent that made the state one of only four nationwide to ban open carry.

“No historical tradition supports Florida’s open carry ban,” Judge Stephanie Ray wrote in the 20-page opinion. “To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly.”

The decision stems from Stanley Victor McDaniels’ July 4, 2022, arrest in downtown Pensacola, where the Republican activist openly carried a loaded handgun while waving a copy of the U.S. Constitution, according to the court document. Police arrested McDaniels despite his concealed carry permit, leading to his conviction. A violation of the 1987 law was previously a second-degree misdemeanor.

Florida Attorney General James Uthmeier praised the ruling.

“This is a big win for the Second Amendment rights of Floridians,” Uthmeier said in a post.

“As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable,” he continued.

Representative Byron Donalds, a Republican gubernatorial contender, echoed support on social media: “Shall not be infringed, means shall not be infringed!”

Former Florida State Rep. Anthony Sabatini criticized Republican lawmakers who previously blocked open carry legislation, calling them “fake Republicans” for failing to repeal the ban through legislative action.

The ruling overturns McDaniels’ conviction and establishes statewide precedent.