Florida appeals court rules open-carry ban 'unconstitutional'
Gun laws in Florida are typically pretty good for law-abiding gun owners, and they got even better this week after an appeals court ruled that the state's open-carry gun ban is unconstitutional.
According to JustTheNews, "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.
A local news outlet reported the bombshell ruling, which was cheered by gun owners across the state -- and the country.
The Florida appeals court held nothing back in explaining why it ruled the way it did, saying that the state did not meet the burden of proof necessary to prove "the open-carry ban was in keeping with the ideals of the Bill of Rights."
What did the court say?
The decision by the First District Court of Appeals laid out several reasons why it ruled the way it did, marking a huge win for law-abiding Florida gun owners.
"Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution," the appeals court opinion read.
It added, "The State therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition."
JustTheNews added:
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 court then explained why it ruled the open-carry ban "unconstitutional."
"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 opinion continued.
Reactions pour in
Several law enforcement agencies posted explainers on social media as to what the ruling would mean for gun owners in the state.
𝐇𝐄𝐑𝐄'𝐒 𝐖𝐇𝐀𝐓 𝐘𝐎𝐔 𝐍𝐄𝐄𝐃 𝐓𝐎 𝐊𝐍𝐎𝐖 𝐀𝐁𝐎𝐔𝐓 𝐎𝐏𝐄𝐍 𝐂𝐀𝐑𝐑𝐘
Florida’s First District Court of Appeal ruled Wednesday that the state’s Open Carry Ban (Florida Statutes 790.053) is unconstitutional. The Court found that banning the open carry of firearms… pic.twitter.com/BhDT8Lf8qQ— Jax Sheriff's Office (@JSOPIO) September 11, 2025
"Thank God, as we get comfortable with this change I also appreciate the JSO care and concern!Ohio has been open carry for a long time, you'll find most will still CCW! As a Veteran, I am most comfortable with an old school shoulder holster like I carried .45 while Active Duty 1/2," one X user wrote.
Another X user wrote, "The founders balanced the safety and the right. And they decided to write the second amendment as clearly as possible. The government simply doesn’t get a say."