Florida court declares the prohibition on carrying weapons in public unconstitutional

The First District Court of Appeals in Florida declared the state's prohibition on openly carrying firearms in public unconstitutional, in a ruling that marks a new chapter in the long and controversial debate over the right to bear arms in the United States.

The court ruled in favor of Stanley Victor McDaniels, who was arrested in 2022 after live-streaming on social media while carrying a gun in downtown Pensacola. According to information cited by the agency EFE, in its decision, the Court found that the state law is incompatible with the Second Amendment of the U.S. Constitution, which enshrines the right to bear arms.

Guided by the text of the Constitution and the country's historical tradition regarding gun regulation, the magistrates concluded that the prohibition of open carry of firearms can no longer be constitutionally applied in Florida.

The state attorney general, James Uthmeier, celebrated the ruling and stated that the right to self-defense is "indispensable," thus supporting the judicial decision that compels state authorities to allow open carry.

Until now, Florida was one of four states, along with California, Connecticut, and Illinois, that maintained almost absolute restrictions on the open carry of firearms. The judicial decision comes just two days after Governor Ron DeSantis requested the state Congress to pass a law allowing the public carry of firearms, in line with his conservative agenda and support for what is called constitutional carry.

DeSantis stated that this decision aligns state policy with his well-known stance and with what the majority of states implement. In addition, DeSantis recently inaugurated a tax incentive program to encourage the purchase of tax-free firearms for the remainder of the year in Florida.

However, the legislative proposal that would allow for this change is stalled due to the opposition from the state Senate president, Ben Albritton, who has cited concerns from the Florida Sheriffs Association as one of the main obstacles.

The debate over gun carry laws in Florida has been ongoing for years. In March 2023, the state House of Representatives passed bill HB 543, which eliminated the need for a license and training to carry concealed weapons. The measure was approved by a Republican majority.

Although as of 2023 a license is no longer required to carry weapons in Florida, millions of residents continue to apply for permits. In fact, Miami-Dade has become the county with the highest number of concealed carry licenses in the state, with over 186,000 active records, according to figures from the Department of Agriculture and Consumer Services.

In total, around 2.4 million people have licenses to carry concealed weapons in Florida. However, experts have warned of a significant decline in participation in safety courses. According to the specialized media Florida Politics, applications for permits that include training have dropped by 64% compared to the previous year, raising concerns about a potential increase in firearm-related incidents.

Frequently Asked Questions about the Florida Court's Decision and Gun Carrying