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.<\/p>\n
Florida Court Strikes Down Open Carry Ban<\/a><\/p>\n Florida\u2019s 1st District Court of Appeals struck down the state\u2019s 37-year-old open carry ban Wednesday, declaring the prohibition unconstitutional and delivering a significant victory for gun rights advocates.<\/p>\n The three-judge panel ruled unanimously that Florida\u2019s 1987 law violates the Second Amendment, overturning decades of precedent that made the state one of only\u00a0four nationwide<\/a>\u00a0to ban open carry.<\/p>\n \u201cNo historical tradition supports Florida\u2019s open carry ban,\u201d Judge Stephanie Ray wrote in the 20-page\u00a0opinion<\/a>. \u201cTo the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly.\u201d<\/p>\n The decision stems from Stanley Victor McDaniels\u2019 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\u00a0concealed carry<\/a>\u00a0permit, leading to his conviction. A violation of the 1987 law was previously a second-degree misdemeanor.<\/p>\n Florida\u2019s 1st District Court of Appeals just ruled that Florida\u2019s open carry ban is no longer constitutionally enforceable statewide. Our office fully supports the Court\u2019s decision.<\/p>\n This is a big win for the Second Amendment rights of Floridians.<\/p>\n As we\u2019ve all witnessed over the\u2026<\/p>\n \u2014 Attorney General James Uthmeier (@AGJamesUthmeier)\u00a0September 10, 2025<\/a><\/p><\/blockquote>\n Florida Attorney General James Uthmeier praised the ruling.<\/p>\n \u201cThis is a big win for the Second Amendment rights of Floridians,\u201d Uthmeier said in a\u00a0post<\/a>.<\/p>\n \u201cAs we\u2019ve all witnessed over the last few days, our God-given right to self-defense is indispensable,\u201d he continued.<\/p>\n Representative Byron Donalds, a Republican gubernatorial contender, echoed support on\u00a0social media<\/a>: \u201cShall not be infringed, means shall not be infringed!\u201d<\/p>\n Former Florida State Rep. Anthony Sabatini\u00a0criticized<\/a>\u00a0Republican lawmakers who previously blocked\u00a0open carry<\/a>\u00a0legislation, calling them \u201cfake Republicans\u201d for failing to repeal the ban through legislative action.<\/p>\n The ruling overturns McDaniels\u2019\u00a0conviction<\/a>\u00a0and establishes statewide precedent.<\/p>\n","protected":false},"excerpt":{"rendered":" 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\u2019s 1st District Court of Appeals struck down the state\u2019s 37-year-old open carry ban Wednesday, declaring the prohibition unconstitutional and delivering a … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-112134","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/112134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=112134"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/112134\/revisions"}],"predecessor-version":[{"id":112135,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/112134\/revisions\/112135"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=112134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=112134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=112134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n