Binding Appeals Court Decision Prompts Statewide Guidance for Law Enforcement
Florida Attorney General James Uthmeier has officially declared open carry to be the “law of the state” following a landmark appeals court decision on September 10, 2025. In guidance issued to Florida’s prosecutors and law enforcement, Uthmeier stated that the ruling by the First District Court of Appeal is binding on all of Florida’s trial courts, effectively rendering the state’s decades-old open carry ban unenforceable.
“Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts,” Uthmeier posted on X on Monday. “Meaning that as of last week, open carry is the law of the state.”
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The unanimous three-judge panel decision in McDaniels v. State declared the ban unconstitutional and a violation of the Second Amendment.
While the ruling technically only applied to the 32 North Florida counties within the First District, and its official effective date is September 25, the Florida Sheriffs Association has already advised all 67 county sheriffs not to arrest anyone for openly carrying a firearm. Sheriffs in Escambia, Santa Rosa, Volusia, Flagler, and Polk counties, among others, have quickly announced they will not enforce the ban.
The legal shift marks a dramatic reversal from a 2015 Florida Supreme Court decision that had upheld the ban. The appeals court ruling was based on the U.S. Supreme Court’s 2022 Bruen case, which established a new “historical tradition” framework for Second Amendment restrictions, a test the Florida law failed.
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Despite the new legal reality, officials and law enforcement are emphasizing that open carry is not an absolute right and remains subject to significant restrictions. In his memo, Uthmeier reiterated that the decision does not change existing laws concerning the misuse of firearms. “The McDaniels decision does not, however, prevent law enforcement from continuing to police those who ‘exhibit [firearms] in a rude, careless, angry, or threatening manner’ in public,” he wrote. “And nothing in the decision permits individuals to menace others with firearms in public, nor does it undermine the State’s authority to prohibit felons from possessing firearms.”
U.S. Rep. Jimmy Patronis, a Florida Republican, urged residents to be both cautious and informed. “Just know that it’s a new day in Florida,” Patronis told NewsRadio 1620. “And you might see somebody carrying a gun and you don’t need to be startled. But if you’re going to be carrying a gun, please just understand what the limits of the law are. And if somebody asks you to leave their store, that’s their right too.”
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Polk County Sheriff Grady Judd also offered guidance, noting that private property owners can still ban firearms on their premises. “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.
Key locations where firearms are still prohibited, according to state and federal law, include:
- Any police, sheriff, or highway patrol station
- Any detention facility, prison, or jail
- Any courthouse, except for judges
- Polling places
- Any meeting of a governing body or legislative committee
- Any school, college, or university facility
- Any professional athletic event not related to firearms
- The sterile area of any airport terminal
Furthermore, the open carry ruling does not affect other existing state gun laws.
Florida’s “red flag” laws, which allow courts to temporarily remove firearms from individuals deemed a high risk to themselves or others, still apply. Similarly, restrictions on firearm possession for convicted felons, those under 21 years of age, or individuals with a history of domestic violence remain unchanged.
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While the new law is a victory for gun rights advocates, it is expected to be followed by legislative action to clarify and potentially codify new restrictions. In the meantime, as Sheriff Judd stated, it is a “new day in Florida” for gun owners, but with a clear call to “learn the law” to ensure safety and compliance.
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