Florida Open Carry Laws: Did Florida Just Become an Open Carry State?
A recent Florida court decision created major confusion about open carry laws and the Second Amendment.
For decades, openly carrying a firearm in Florida could lead to arrest and criminal charges. Florida Statute 790.053 made open carry illegal in most situations, and law enforcement officers regularly enforced that restriction.
Now, a case called McDaniels v. State has thrown that law directly into the spotlight.
And many gun owners are asking the same question:
Did Florida just become an open carry state?
The answer is complicated.
What Happened in the McDaniels Case?
The McDaniels case began in Pensacola on the Fourth of July in 2022.
McDaniels openly carried a firearm in public while intentionally challenging Florida’s long-standing open carry prohibition. He wanted to force the courts to examine whether Florida’s law violated the Second Amendment.
Eventually, the First District Court of Appeal ruled in his favor.
The appellate court concluded Florida’s open carry ban conflicted with recent United States Supreme Court Second Amendment decisions.
That ruling immediately triggered statewide attention.
Why the Bruen Decision Changed Firearm Laws
The McDaniels ruling relied heavily on the United States Supreme Court’s Bruen decision.
Under Bruen, courts must now examine whether firearm restrictions align with the nation’s historical tradition of gun regulation.
In other words, the government cannot simply argue that a firearm restriction promotes public safety.
Instead, courts must ask:
Does American history support this specific firearm restriction?
That historical analysis has dramatically reshaped Second Amendment litigation nationwide.
Why the Court Found Florida’s Open Carry Ban Unconstitutional
The First District Court of Appeal focused heavily on the language of the Second Amendment itself.
The Constitution protects the right to “keep and bear arms.”
The court examined the historical meaning of the phrase “bear arms” and concluded that openly carrying firearms historically fell within that constitutional protection.
As a result, the court ruled Florida’s criminal ban on open carry violated the Second Amendment under the framework established by Bruen.
Why Florida’s Open Carry Situation Remains Complicated
Even though the McDaniels decision struck down Florida’s open carry restriction within the First District Court of Appeal, the ruling does not automatically settle the issue statewide.
Florida has multiple district courts of appeal.
Normally, one appellate district’s decision does not automatically bind every other district court across Florida.
That means additional litigation and future appellate decisions may still shape how the law ultimately develops.
Why the Attorney General’s Response Matters
After the McDaniels ruling, Florida’s Attorney General reportedly instructed prosecutors and law enforcement agencies to follow the appellate court’s decision rather than continue enforcing the open carry ban.
That response created even more attention because it suggested statewide changes in enforcement practices.
However, legal uncertainty still exists.
Future court rulings or higher appellate review could further clarify — or potentially change — how Florida handles open carry moving forward.
Why Gun Owners Should Still Be Careful
Even with the McDaniels ruling, firearm laws in Florida remain heavily regulated.
Many restrictions still apply involving:
- Schools
- Government buildings
- Courthouses
- Airports
- Certain public gatherings
- Prohibited possessors
- Concealed carry licensing issues
That is why firearm owners should avoid assuming Florida now allows unrestricted open carry everywhere.
The law continues evolving.
Final Thought
The McDaniels case represents one of the most significant recent Second Amendment developments in Florida.
The ruling challenges decades of firearm restrictions and raises major constitutional questions about what it truly means to “bear arms” under the Second Amendment.
But despite the excitement surrounding the decision, Florida’s open carry laws remain legally unsettled while courts continue reviewing these constitutional issues.
Because in Second Amendment litigation after Bruen, many long-standing firearm laws are now facing serious constitutional challenges for the first time in decades.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.