Florida’s gun-news cycle just flipped from “mildly headline-grabbing” to “someone get the holster stylist.”
Two days after Gov. Ron DeSantis again urged lawmakers to let people stroll Main Street with their hardware on proud display, a three-judge panel of the 1st District Court of Appeal declared Florida’s ban on open carry unconstitutional — and promptly kicked the hornet’s nest.
“History confirms that the right to bear arms in public necessarily includes the right to do so openly,” Judge Stephanie Ray wrote in a 20-page opinion joined by Judges Lori Rowe and M. Kemmerly Thomas.
“That is not to say that open carry is absolute or immune from reasonable regulation. But what the state may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”
Translation: If you’re legally allowed to own a gun, the court says you probably can also walk around with it visible — though the court left the door open for “reasonable regulation” (so don’t start planning a parade of people in cowboy holsters at the county fair just yet).
What actually just happened?
A July 4, 2022, Pensacola incident sits at the center of the case: Stan McDaniels, campaigning for a county commission seat, openly carried a handgun while waving at passing cars, livestreaming the encounter — and was arrested when he refused to conceal his weapon.
McDaniels was convicted, appealed, and now the appellate panel has read the historical tea leaves in line with the U.S. Supreme Court’s Bruen decision about gun rights and “historical tradition.”
But should you strap on a holster and head out?
Not so fast.
The law that bans open carry is still technically on the books, and legal fireworks are possible: the state could appeal; prosecutors could continue to enforce; or — as some suggest — the attorney general might decide not to push it further.
Talon Range CEO Charlie Strickland urged caution: “Let this play out a little longer and in a few months, we will see if the AG wants to take it to the Supreme Court in Florida,” he posted on Facebook.
Florida Attorney General Jim Uthmeier celebrated the ruling: “As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable,” he posted on X.
Gov. DeSantis, no stranger to Second Amendment headlines, weighed in too, saying simply: “We should be an open-carry state.”
That sounded less like a policy pitch and more like a line from a very specific campaign ad.
But don’t start planning sash-and-strap-themed weddings
Even if the appellate decision stands, Judge Ray was careful to note that “reasonable regulation” remains a thing.
Florida already bans firearms in courthouses, polling places, school events, and certain other places.
Private property owners can still ban firearms on their land. The ruling won’t magically turn every diner into a firearms fashion show — at least, not legally.
What’s the difference between open and concealed carry?
Open carry = firearm visible (holstered on hip, shoulder rig, etc.). Concealed carry = hidden from view.
Florida already embraced permitless concealed carry in 2023 (often called “constitutional carry”).
This ruling could extend that logic to visible carry, making the state a full-throttle constitutional-carry type of place — with caveats.
How does Florida compare to the rest of the country?
Forty-six states allow some form of open carry.
Florida was in the small club (with California, Illinois, New York and D.C.) that banned it — an oddball distinction soon likely to evaporate if this decision sticks and lawmakers don’t act.
A few inconvenient realities
• The ruling creates legal uncertainty while appeals and possible legislative responses play out.
• Commonsense limitations — schools, stadiums, the statehouse — will likely stay gun-free zones.
• Cultural outcomes matter: public comfort, policing tactics, and interactions at traffic stops could change whether or not laws do.
If you’re a Floridian who wants to keep your peace of mind (and your pants pocket unadorned), there’s one good rule: stay informed, be respectful, and don’t treat an appellate opinion like a license to turn everyday walkways into a Wild West runway.
The court may have nudged the law one way, but the next few months are going to be an all-you-can-watch buffet of appeals, op-eds, and legislative maneuvering.
And at the end of the day? Whether you’re pro-gun, gun-neutral, or gun-skeptical, the one thing nearly everyone can agree on is that guns and impulsive novelty outfits do not mix.
Florida Governor Announces First 2nd Amendment Sales Tax Holiday
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