Florida appeals court rules state open-carry gun ban is unconstitutional

A Florida appeals court ruled Wednesday that the state's open-carry gun ban is unconstitutional, striking down the law.

A three-judge panel for the state's First District Court of Appeals ruled Florida law is irreconcilable with the Second Amendment’s protection of the right to bear arms, Spectrum News 13 reported. The state didn't meet the burden of proof that the open-carry ban was in keeping with the ideals of the Bill of Rights.

“Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution," the judges wrote in their opinion. "The State therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition."

The panel wrote that it is difficult for the state to distinguish between open and concealed carry without “disregarding both the Court’s originalist framework and our Nation’s historical tradition.”

“The Constitution protects the right to carry arms openly for self-defense. Florida’s Open Carry Ban cannot be reconciled with that guarantee. Section 790.053, Florida Statutes, is therefore declared unconstitutional. We answer the certified question in the affirmative, reverse McDaniels’s conviction, and vacate his sentence,” the judges wrote in the opinion.

State Attorney General James Uthmeier posted on X on Wednesday, supporting the ruling.

"Our office fully supports the Court’s decision," Uthmeier wrote. "This is a big win for the Second Amendment rights of Floridians. As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable."