Posted on 09/10/2025 9:17:58 AM PDT by CFW
A Florida state appeals court ruled that the state's ban on openly carrying firearms is unconstitutional. The ruling from the 1st District Court of Appeal, citing U.S. Supreme Court decisions on Second Amendment rights, found the open-carry ban incompatible with the Second Amendment
(Excerpt) Read more at acis-api.flcourts.gov ...
Open carry was completely banned—in Florida?
Excellent!!
The worm has appeared to have turned. Please let it be so.
When did Florida ban open carry? I am not in Florida much anymore so havent kept up with Florida laws
Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution. The State therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition.
The State has not met that burden. It is not enough to rely on a generalized tradition of firearms regulation, for at that level of abstraction almost any law could be sustained. Nor can the State blur the distinction between open and concealed carry without disregarding both the Court’s originalist framework and our Nation’s historical tradition. The historical record makes clear that open carry was regarded as the lawful and preferred mode of bearing arms, while concealed carry was viewed as dangerous to public safety and ineffective for self-defense.
No historical tradition supports Florida’s Open Carry Ban. To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly. That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.
Why on earth did Florida ban open carry?
“When did Florida ban open carry?
1987.
“Janet Reno’s Ban on Open Carry in Florida”
From the court’s ruling:
History:
“Enacted in 1987, section 790.053, Florida Statutes (“Florida’s
Open Carry Ban”), makes it “unlawful for any person to openly
carry on or about his or her person any firearm or electric weapon
or device.” Id. at (1). A violation is a second-degree misdemeanor,
punishable by up to sixty days in jail or a fine of up to $500. Id. For
those licensed to carry concealed, the statute permits the “brief[]
and open[] display” of a firearm, provided it is not “intentionally
displayed in an angry or threatening manner, not in necessary selfdefense.” Id. There are also narrow exceptions for activities such
as hunting, fishing, or other specified lawful purposes. § 790.25(2),
Fla. Stat. These exceptions, however, function only as affirmative
defenses if one is prosecuted under the statute. Norman v. State,
215 So. 3d 18, 25 n.4 (Fla. 2017). As a practical matter, then,
Florida law criminalizes the open carrying of firearms by ordinary,
law-abiding, adult citizens in their daily lives.”
“Open carry was completely banned—in Florida?”
No, not completely. Open carry for hunting and other recreational activities was permitted as you would expect.
But open carry in the grocery store by civilians - yes, to my understanding, it was banned.
Thanks, well glad its overturned.
Interesting. I could have sworn within the past 15 years I saw people open carry in florida on the news. I guess I was mistaken.
From CBS News:
“Florida’s open carry ban is unconstitutional, appeals court rules”
https://www.cbsnews.com/miami/news/appeals-court-rules-floridas-open-carry-ban-is-unconstitutional/
Bravo!
As a general rule, open carry isn’t the smartest thing to do, imo.
Oh! my gosh - a voice from the past!!! Guess we’ll never be free of “them”, will we?
That's nice. You have an opinion ...
Meanwhile, "... the right of the people to keep and bear arms shall not be infringed". Your opinion, enacted into law, violates the Constitution.
“As a general rule, open carry isn’t the smartest thing to do, imo.”
It requires critical mass of enough regular people open carrying.
A single person in a store (or wherever) is a target. 5-10 people in that same store is a massive deterrent.
same goes with walking around. If it is not “normalized” then they will call police and a fiasco ensues. if it is a regular site, it is no longer an issue.
Actually true nationwide. Guess this judge isn’t one of the ones that issues his ruling to ALL jurisdictions nationally. 🤔😊👍. Open carry in NV.
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