How Florida’s gun community legalized open carry without using lawmakers

Legal Open Carry begins in Florida today.

(Photo from licensed Shutterstock account).

by Lee Williams

The open carry of any commonly used firearm—rifles, shotguns or handguns—is now 100% legal in Florida.

Only California, Connecticut and Illinois still bar their citizens from openly carrying arms.

In a letter sent Monday morning, Florida Attorney General James Uthmeier warned all state prosecutors and every Florida law enforcement agency about McDaniels v. State, in which the First District Court of Appeal struck down Florida’s ban on the open carry of arms.

“Because no other appellate court has considered the constitutionality of Section 790.053 under Bruen and Rahimi, the First District’s decision is binding on all Florida’s trial courts. Effectively, the McDaniels decision is now the law of the State,” Uthmeier wrote. “Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others.”

Floridians and visitors who have long sought to openly carry a firearm have two men to thank, defense attorney Eric Friday, who also serves as general counsel for Florida Carry, Inc., and his former client, Stanley Victor McDaniels.

On the Fourth of July 2022, McDaniels armed himself with a loaded handgun which was visible in his pants, tucked in an inside-the-waistband holster, and a copy of the United States Constitution, which he carried in his non-shooting hand. He chose a spot in downtown Pensacola, Florida and set up a camera on a tripod to record his historic events.

When police asked him for identification, McDaniels gave them his Florida Concealed Carry permit. Officers removed his firearm from his pants but gave him back his holster. Six days later, McDaniels was arrested for violating Florida’s open-carry ban. He was found guilty but appealed to the state’s First District Court of Appeal, which issued its ruling last week.

“Florida law generally makes it a crime for an ordinary, law abiding, adult citizen to carry a firearm openly in public. Stanley Victor McDaniels was convicted under that law, and he now appeals. He contends that this open carry ban is incompatible with the Second Amendment’s guarantee of the right to bear arms. Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree. We therefore declare the law unconstitutional, vacate McDaniels’ conviction, and reverse his sentence, the appellate court wrote.

Contacted Monday, Attorney Friday was still excited about winning the case.

“This is the most important issue that I could have resolved for gun owners in the state of Florida,” he said. “It makes me proud we achieved it. There were a whole lot of people whose support and encouragement were the only things that allowed me to get this point. I encourage all gun owners to exercise discretion and to use caution in the manner and location of carry.”

Friday noted that Florida Carry, Inc., as well as other pro-gun groups had lobbied the state legislature for more than 15 years to rescind its ban on open carry, to no avail. Therefore, it was time to try different tactics, which left out the lawmakers.

“We have made every attempt for 15 years to negotiate incremental stops to restore the rights of Floridians and visitors,” he said. “But the legislature as a whole chose to support and follow the wishes of law enforcement rather than protect the rights of citizens. Arguably, they have put law enforcement in a worse position by having to comply with this ruling immediately rather than phasing in the law over 30 or 60 days. I hope the legislature will be more willing to work with us, and that the Florida Sheriffs Association will work with us to restore more rights rather than to continue to negate our rights.”

Defense attorney Eric Friday, also serves as general counsel for Florida Carry, Inc.

Caution advised

Friday said he and Florida Carry, Inc., have heard “rumblings” about certain state lawmakers, who were completely left out of this legal decision.

“We are hearing rumblings already that some allegedly pro-gun Republicans are already cooking up ideas to roll back the impact of the ruling,” he said. “We’re hearing things like what kind of retention-level holster the sheriffs will demand people use. If anything like that comes out, the Florida Sheriffs Association is behind it, and we will fight it.”

There are additional gun rights issues that still need to be addressed in Florida, Friday said.

Those who are 18 to 20-years-old will be allowed to carry a firearm according to this ruling, assuming they can legally obtain a handgun because they’re not allowed to purchase guns. In addition, campus carry restrictions need to be modernized.

Friday and Florida Carry shared the victory Monday with other pro-gun groups, but they emphasized caution to anyone who would try to take away these newly restored rights.

“Florida Carry (FLC), Gun Owners of America (GOA), National Rifle Association (NRA), and Florida Gun Rights (FLGR) all have spent countless dollars and manhours in this fight, that they have now won,” the statement read. “These organizations stand united in solidarity that any new restrictions on this right or to limit the impact of this VICTORY, will be vigorously and strongly opposed by a unified front of Florida gun owners and the members of these four organizations.”

Sheriff celebrates

Sarasota County Sheriff Kurt Hoffman is one of Florida’s most pro-gun sheriffs.

Hoffman spent Monday making sure his deputies were prepared for the changes. He has sent emails to his staff and is preparing a video.

Like many other Florida sheriffs, Hoffman ordered his deputies to stop making arrests for open carry last week, after the appellate court released its decision.

“I didn’t see any reason to wait,” he said. “I am excited about it. This is long overdue.”

The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.