Florida appeals court declares state's open carry ban unconstitutional

By 
 September 12, 2025

President Donald Trump has long pledged his support for defending the Second Amendment and ordered a review of executive policies which impinge on gun rights.

What's more, Trump had reason to smile this week after a court in his home expanded the freedom of citizens to carry firearms openly. 

Open carry decision issued

According to Breitbart, that decision was rendered on Wednesday by a three-judge panel of Florida’s First District Court of Appeal.

At issue was a provision of Florida law which makes it illegal "for any person to openly carry on or about his or her person any firearm or electric weapon or device."

While exceptions to the ban exist, they only apply to those who are hunting or fishing as well as to law enforcement officers and security personnel.

However, Judges Stephanie Ray, Lori Rowe, and M. Kemmerly Thomas concluded in an unanimous ruling that the law is unconstitutional.

Ban "inconsistent" with Second Amendment

In support of that conclusion, Ray pointed to New York State Rifle & Pistol Association, Inc. v. Bruen, a case which was decided by the United States Supreme Court in 2022.

It held that for gun laws to pass constitutional muster, they must be consistent with those restrictions which existed at the time of America's founding.

Ray pointed out how the Second Amendment "does not distinguish between modes of carry" before asserting that "Florida’s Open Carry Ban is therefore inconsistent with the plain text of the Second Amendment."

"On this record, the State has failed to carry its burden. It identifies no Founding-era law that broadly prohibited the open carry of firearms in public," she insisted.

Ban remains until month's end

"Nor does it cite any historical regulation imposing a burden or justification comparable to Florida’s Open Carry Ban," the judge declared.

"At most, it has pointed to laws regulating the method or manner of carry, but those laws left intact the ability to bear arms openly for peaceable purposes," Ray continued.

"By contrast, Florida’s Open Carry Ban eliminates that option altogether and thus extends far beyond anything recognized in our historical tradition," the judge went on to add.

Nevertheless, the Tampa Bay Times noted that Floridians are still not free to openly carry firearms despite the ruling, as it does not take effect until the end of this month.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson