TALLAHASSEE, FL — The Libertarian Party of Florida applauds today's decision by the First District Court of Appeal, which ruled that Florida’s decades-old ban on open carry is unconstitutional. The court recognized that law-abiding citizens have the right to bear arms openly—a fundamental tenet of the Second Amendment and a victory for freedom.
In a unanimous decision, the three-judge panel overturned the conviction of Stanley McDaniels, who was arrested for openly carrying a holstered pistol in Pensacola while holding a copy of the U.S. Constitution. Writing for the court, Judge Stephanie Ray declared that "No historical tradition supports Florida’s Open Carry Ban" and affirmed that the right to bear arms in public necessarily includes the right to do so openly. The court further acknowledged that while reasonable regulation is permissible, the state cannot extinguish this right entirely for ordinary, law-abiding adults.
Governor Ron DeSantis and Attorney General James Uthmeier have both endorsed the decision. DeSantis reaffirmed his long-standing support for open carry legislation, and Attorney General Uthmeier announced his intention not to defend unconstitutional restrictions.
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