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ORLANDO, Fla. - A Florida appeals court has struck down the state’s long-standing ban on openly carrying firearms, ruling that the Second Amendment protects the right of law-abiding citizens to carry guns in public.
Here’s what you need to know about open carry and what some in law enforcement are saying:
What we know:
Florida’s First District Court of Appeal has struck down the state’s decades-old open carry ban under Florida Statute 790.053.
The case, McDaniels v. State, involved a Pensacola man convicted in 2022 for openly carrying a firearm on the Fourth of July. The three-judge panel concluded the prohibition violated the Second Amendment, citing U.S. Supreme Court precedent on the nation’s historical approach to firearm regulation.
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The ruling does not extend to certain prohibited places, including courthouses, schools, polling sites and government facilities. Private businesses and property owners also retain the right to ban firearms on their premises.
What we don't know:
It remains unclear how law enforcement will adapt to the new standard, or whether the Florida Supreme Court will step in. The high court upheld the ban in 2015, and the Legislature could consider new regulations to address public safety concerns.
The backstory:
Florida has long permitted concealed carry but outlawed open carry, making it one of the more restrictive states despite a robust gun rights lobby. Legislative efforts to repeal the ban have repeatedly stalled, largely due to opposition from law enforcement groups who argued open carry would make policing more dangerous.
What are the prohibitions?
Dig deeper:
This court ruling does not affect prohibitions on carrying in government buildings such as courthouses, schools, polling places, and other government facilities, where both open carry and concealed carry remain unlawful. Violating these rules is a second-degree misdemeanor.
If you enter a private business or private residence and are asked not to carry a firearm, you have to leave with it. Carrying a firearm into these locations after being asked not to could be considered armed trespass, a third-degree felony.
See a list of all prohibited locations and requirements here.
What is the 'Stand Your Ground' law?
Florida law gives people the right to use deadly force in their homes, residences or occupied vehicles without a duty to retreat if they reasonably believe it is necessary to prevent death, great bodily harm or a forcible felony.
The law, often referred to as part of the state’s "stand your ground" framework, presumes that residents have a reasonable fear of imminent danger if someone unlawfully and forcibly enters or attempts to remove another person from the dwelling or vehicle.
The presumption does not apply if the person targeted is a lawful resident, a child or grandchild being removed by a guardian, if the defender is engaged in criminal activity, or if the person entering is a law enforcement officer performing official duties.
Anyone who unlawfully and forcibly enters another person’s home or vehicle is presumed to be doing so with violent intent. The law broadly defines "dwelling," "residence" and "vehicle" to include temporary and mobile structures.
What they're saying:
Orange County Sheriff John Mina expressed concern about the ruling’s impact on officers and residents.
"It’s just going to make it a little more difficult for our deputies because there will be more guns on the streets, more people carrying concealed firearms, so we have concerns about that for our safety and the safety of our citizens," Mina said.
Flagler County Sheriff Rick Staly, who is a supporter of open carry, said he has instructed deputies to cease enforcing the open carry ban.
"When you have a district court of appeals that says the law is unconstitutional, and then we're told that the Attorney General's Office of Florida is likely not going to appeal it, then it becomes law, in effect," said Staly. "So unless the legislature makes changes to make the law constitutional, we're not going to enforce it."
Polk County Sheriff Grady Judd offered support of open carry but urged caution and responsibility.
"If you carry a firearm, be proficient, go to the range, know how to use it, know how to safely carry it," Judd said.
He also warned that private property rules still apply, noting that refusal to leave a business when asked not to carry amounts to armed trespass, a third-degree felony.
"With open carry, you lose the ‘surprise element.’ Everyone knows you have the firearm, and you may be a target of someone who wants to steal your firearm," Judd added.
"We love our Second Amendment, but it does come with some restrictions of when and where and how, so learn the law," Grady concluded.
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The Source: This story was written based on information shared by Florida Statues, and Florida sheriffs John Mina, Rick Staly, and Grady Judd.