Court Declares Florida’s Open Carry Ban Unconstitutional
In a historic decision that could significantly alter Florida’s gun law landscape, a state appeals court ruled in September 2025 that the ban on openly carrying firearms (“open carry”) is unconstitutional.
This ruling, however, has created a state of confusion and a complex legal landscape, with implications still unfolding across the state.
The decision, issued by the First District Court of Appeal, holds that Florida’s long-standing ban on the open carry of firearms violates the Second Amendment of the U.S. Constitution, which protects the right of individuals to keep and bear arms.
The court argued that the right to bear arms is not limited to carrying them concealed.
This ruling represents a radical shift from Florida’s previous legislation, which for decades required licensed citizens to keep their firearms concealed from public view.
Immediate Implications and Legal Confusion
Despite the decisiveness of the ruling, the situation on the ground remains uncertain. The First District Court of Appeal’s decision does not have an immediate and binding effect statewide. Its jurisdiction is limited to the counties in Northwest Florida.
This has created a legal discrepancy within the state, where the legality of open carry could vary depending on geographic location.
Legal experts and authorities have warned citizens to proceed with caution, as law enforcement’s response may not be uniform until the Florida Supreme Court or the state legislature definitively addresses the matter.
Various law enforcement agencies have issued statements urging the public not to assume that open carry is now legal statewide and to continue complying with concealed carry laws until clearer guidance is provided.
What Are Authorities in Port St. Lucie Saying About This?
On September 10, the First District Court of Appeal of Florida, in the case McDaniels v. State, ruled that Florida’s ban on the open carry of firearms (§790.053, Florida Statutes) is unconstitutional.
The court determined that prohibiting open carry is incompatible with the Second Amendment and the historical tradition of firearm regulation in our country.
Following the court’s ruling, Port St. Lucie Police Chief Leo Niemczyk has ordered officers to suspend enforcement of the open carry ban under this statute. The ruling takes effect on September 25, 2025.
Important reminders:
Private property owners still have the right to prohibit open carry or the possession of firearms on their premises and may trespass individuals who violate this rule.
Government properties open to the public without restrictions cannot prohibit open carry;
However, there are specific locations where open carry of firearms remains prohibited by law (§790.06(12)(a) of the Florida Statutes):
- Any place of nuisance as defined by FSS 823.05
- Any police, sheriff, or highway patrol station
- Any detention facility, prison, or jail
- Any courthouse
- Any polling place
- Any meeting of the governing body of a county, public school district, municipality, or special district
- Any meeting of the Legislature or a committee thereof
- Any school, college, or professional athletic event not related to firearms
- Any elementary or secondary school facility or administrative building
- Any career center
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which is primarily devoted to such purpose
- Any college or university facility
- The inside of the passenger terminal and sterile area of any airport
- Any place where the carrying of firearms is prohibited by federal law
These legal prohibitions remain in effect and must be respected. As always, we ask our community to act with good judgment, respect, and responsibility when carrying firearms. Let’s continue working together to maintain the safety and beauty of Port St. Lucie.
What Does This Mean for Gun Owners?
For now, gun owners in Florida are advised to follow existing regulations on concealed carry.
To legally carry a firearm in public, a Concealed Weapon or Firearm License (CWFL) is generally required.
Requirements to obtain a CWFL in Florida include:
- Being a U.S. citizen or lawful permanent resident.
- Being at least 21 years of age.
- Having no disqualifying criminal history.
- Demonstrating competency in handling a firearm.
The appeals court’s decision is expected to be appealed, which would bring the case before the Florida Supreme Court for a final resolution that would set a precedent for the entire state. The Florida legislature could also intervene to amend current statutes to align with the court’s ruling or to challenge it.
Meanwhile, Florida’s community remains on alert for clarification that will definitively shape the future of gun carry in the “Sunshine State.”
