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Florida AG Declares Open Carry the Law After Appeals Court Overturns 1987 Ban

The guidance deems the First District’s decision binding on trial courts statewide, leaving sensitive-place and private-property prohibitions intact.

Overview

  • Attorney General James Uthmeier directed police and prosecutors to halt arrests and cases for visible carry and said his office will not defend prosecutions under the voided statute.
  • A First District Court of Appeal panel vacated Stanley Victor McDaniels’ conviction and ruled the ban unconstitutional under post‑Bruen historical‑tradition analysis.
  • Sheriffs and police departments across Florida are revising policies and retraining, with leaders warning of initial public confusion and more 911 calls as visible firearms become more common.
  • Restrictions remain in effect for locations such as schools, courthouses, polling places, government meetings, airports and bars, and private businesses like isneyDisney World can continue to prohibit firearms.
  • Gov. Ron DeSantis and Republican officials praised the shift, Democrats including Nikki Fried and Shevrin Jones criticized it on safety grounds, and gun-rights groups urged lawmakers not to add new limits next session.