A Florida appeals court has struck down the state’s decades-old ban on open carry, declaring it unconstitutional and vacating the conviction of gun rights activist Stanley V. McDaniels.
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) hailed the unanimous decision as a “huge victory” for Florida gun owners.
McDaniels was arrested on Independence Day 2022 for openly carrying a sidearm at a Pensacola intersection. He was later convicted and sentenced to probation and community service under Florida’s open carry ban.
Attorneys Eric Friday and Chris Crawford, working with Florida Carry and with support from Gun Owners of America and attorney Don Kilmer, appealed the case.
In Wednesday’s opinion, Judge Stephanie W. Ray, writing for the First District Court of Appeals with concurrence from Judges Lori S. Rowe and M. Kemmerly Thomas, wrote:
“Florida law generally makes it a crime for an ordinary, law-abiding, adult citizen to carry a firearm openly in public. Stanley Victor McDaniels was convicted under that law, and he now appeals. He contends that this open carry ban is incompatible with the Second Amendment’s guarantee of the right to bear arms. Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree. We therefore declare the law unconstitutional, vacate McDaniels’s conviction, and reverse his sentence.”
CCRKBA Chairman Alan Gottlieb praised the ruling and the work of Florida Carry.
“This is a huge victory for Florida gun owners, and especially for our friends at Florida Carry,” Gottlieb said. “We are hopeful the ruling will be quickly upheld by the Florida State Supreme Court so Sunshine State gun owners can enjoy the same Open Carry freedoms that citizens in almost every other state already have.”
Attorney Eric Friday cautioned that the ruling is not final until 15 days pass without further motions, but called it a major step forward.
CCRKBA pledged to continue monitoring the case through its conclusion, with Gottlieb noting the ruling comes just ahead of the Gun Rights Policy Conference in Salt Lake City (Sept. 26–28), adding extra momentum for gun rights advocates.
For now, the McDaniels case has given open carry supporters in Florida their strongest win in years — and delivered another legal rebuke to bans that stand in tension with the plain text of the Second Amendment.
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