Florida’s Open Carry Ban Struck Down, Ushering In A New Era For Gun Rights
Landmark Appeals Court Ruling Greenlights Open Carry
Florida’s long-standing ban on the open carry of firearms was officially overturned on September 12, 2025, marking a historic shift in the state’s gun laws. The Florida First District Court of Appeal ruled the decades-old prohibition unconstitutional, citing a U.S. Supreme Court precedent that has reshaped firearm regulations nationwide.
The ruling, which takes immediate effect, was based on the landmark 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association v. Bruen. That decision established a new legal framework requiring gun regulations to be consistent with the nation’s “historical tradition” of firearm regulation. In its opinion, the Florida appeals court found that the state’s open carry ban failed to meet this historical standard.
With the ban now invalidated, eligible individuals in Florida can legally carry firearms openly in public spaces, a right that exists in addition to the state’s 2023 concealed carry law, which allows for permitless concealed carry. The ruling has prompted a range of reactions from state officials, law enforcement, and gun rights advocates.
Law Enforcement Offers Guidance and Caution
Sheriffs across the state have responded to the ruling with a mix of support and caution, emphasizing that while the law has changed, a number of restrictions remain in place.
Polk County Sheriff Grady Judd, a vocal proponent of the Second Amendment, welcomed the court’s decision. “I’m an advocate of the Second Amendment. I’m a supporter of the Second Amendment. I’m a fan of the Second Amendment, so exercise your Second Amendment rights,” he said.
However, Judd was quick to offer a practical word of warning, noting that open carry may make a person a target. “With open carry, you lose the surprise element. Everyone knows you have the firearm,” he explained. “And you may be a target of someone who wants to steal your firearm.” For these reasons, he personally recommends concealed carry as a safer alternative.
udd also stressed the importance of knowing the law, pointing out that open carry is still prohibited in certain locations like government buildings, colleges, and polling places. He also underscored the rights of private property owners.
“If you go to a private business or to someone’s residence and you’re asked not to carry the firearm, you have to leave with it,” he said, warning that failure to do so could result in a felony charge. “We love our Second Amendment, but it does come with some restrictions of when and where and how. So, learn the law.”
Pinellas County Sheriff Bob Gualtieri echoed the need for adherence to the law despite personal opinions.
“We don’t make the law, we follow the law,” Gualtieri said. “This is going to be the law in Florida and we’ll follow the law and we’ll adhere to it.” He also highlighted that the ruling does not negate a private property owner’s ability to restrict firearms on their premises.
Future Actions Expected
The ruling, which stemmed from the 2022 arrest of Stanley McDaniels in Escambia County, is expected to lead to further legislative action. Governor Ron DeSantis has already voiced his support, stating he will back a legislative push to formalize the end of the open carry prohibition.
The Florida Attorney General’s office, under James Uthmeier, will not challenge the decision, a position that stands in stark contrast to that of the previous administration. Uthmeier called the ruling “a big win for the Second Amendment rights of Floridians.”
While the ban has been lifted, the court’s opinion clarifies that the right to open carry is not absolute and is still subject to “reasonable regulation.”
It is highly anticipated that lawmakers will work to align state policy with this new reality, likely implementing some restrictions while upholding the broader right to open carry. For now, the legal landscape for gun owners in Florida has fundamentally changed.
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