Ruling Declares Law Unconstitutional Under Second Amendment
In a decision that could reshape Florida’s gun laws, a state appeals court has ruled that the state’s ban on openly carrying firearms is unconstitutional. The ruling by a three-judge panel of the First District Court of Appeal in Tallahassee marks a significant victory for gun rights advocates and a sharp reversal of previous legal precedent in the state.
The court’s decision stems from a challenge filed by Stanley Victor McDaniels, who was convicted of openly carrying a gun in Pensacola in 2022. The court’s opinion, authored by Judge Stephanie Ray, relied heavily on a 2022 U.S. Supreme Court decision, New York State Rifle & Pistol Association v. Bruen, which established that firearms regulations must be consistent with the nation’s “historical tradition.”
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“No historical tradition supports Florida’s open carry ban,” Judge Ray wrote. “To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly.”
The ruling distinguishes between open carry and concealed carry, stating that the historical record shows they were “regarded as distinct, and that open carry was the default mode of bearing arms that preserved the core of the Second Amendment right.”
The Republican Party of Florida was quick to applaud the decision. In a statement, Chairman Evan Power declared, “The Constitution is clear: The right to keep and bear arms belongs to law-abiding citizens, and it cannot be stripped away by bureaucratic overreach.” Power asserted that the court’s opinion “underscores that commitment” and praised the ruling for upholding the rights of Floridians.
The ruling comes amid renewed legislative debate over the issue.
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Just this week, Governor Ron DeSantis publicly expressed his support for an open-carry law, saying, “We should be an open-carry state.” However, the issue has faced opposition from some law enforcement leaders, a concern that has previously stalled open-carry proposals in the Legislature.
While the court’s ruling is not final until the time for a rehearing has passed, the Florida Attorney General’s office has stated it will not seek a review.
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