GUN BAN SMASHED—State Reverses Open Carry Law

Florida’s open carry ban crumbled after a landmark court ruling declared it unconstitutional, reigniting fierce debate over gun rights and government overreach in the Sunshine State.

Story Snapshot

Florida appeals court strikes down the state’s open carry ban as unconstitutional due to lack of historical precedent.
Ruling is grounded in the Supreme Court’s Bruen decision, emphasizing historical tradition in evaluating gun laws.
Governor DeSantis voices public support for repealing the ban, aligning with gun rights advocates.
The decision could set a national precedent and reshape gun policy debates across the country.

Court Rejects Decades of Florida Gun Policy

A Florida appeals court ruled in 2025 that the state’s ban on openly carrying firearms cannot stand, citing the absence of a historical tradition supporting such a prohibition. The decision directly challenges a policy in place since 1987, which followed intense legislative debate and pressure from law enforcement and political leaders. The court’s opinion draws from the U.S. Supreme Court’s 2022 Bruen decision, which requires firearm regulations to align with the nation’s historical norms rather than modern policy preferences.

Historically, open carry was widely permitted in the United States, with most early laws targeting only concealed carry. Florida’s shift in 1987 came amid concerns about rising crime and the simultaneous expansion of concealed carry rights. Law enforcement, including then-State Attorney Janet Reno, argued for the ban, which was enacted during a special legislative session. Despite ongoing challenges and repeated legislative efforts, the ban survived until the recent judicial reversal rooted in constitutional and historical analysis.

Supreme Court Precedent and Historical Tradition

The appeals court based its decision on the Supreme Court’s guidance that firearm restrictions must be firmly grounded in the nation’s historical tradition. The 2022 Bruen decision established that states cannot impose gun regulations with no historical antecedent. The court noted that in early America, open carry was commonplace, and only concealed carry was generally restricted. By concluding that Florida’s open carry ban lacks such historical support, the court found the policy unconstitutional for law-abiding adults, though some regulatory authority remains permissible.

Legal experts and gun rights organizations have argued that open carry is a fundamental Second Amendment right, deeply rooted in American history. On the other hand, gun control advocates and some law enforcement officials continue to warn that weakening restrictions could threaten public safety. The ruling has reignited this debate, highlighting the tension between constitutional rights and policy arguments favoring tighter controls.

Political Fallout and National Implications

Governor Ron DeSantis quickly supported the court’s decision, reaffirming his stance in favor of repealing the open carry ban. The Florida Legislature now faces pressure from both gun rights groups and safety advocates as the ruling is likely to be appealed to the Florida Supreme Court. If upheld, this case could serve as a legal template for challenging similar bans in other states, potentially driving a nationwide shift toward broader open carry rights and sparking legislative battles elsewhere.

Florida court strikes down open carry ban as unconstitutional! Major gun rights victory could reshape state firearms law. Hear Stan McDaniels' 2022 podcast. https://t.co/d13yCAWOhY

— Rick Outzen (@routzen) September 10, 2025

The court’s opinion has also triggered practical concerns for law enforcement and communities. While gun owners and constitutional advocates celebrate the ruling as a victory for individual liberty and Second Amendment protections, opponents point to possible increases in public safety risks and disruptions in urban areas. Businesses and tourism officials are watching closely, as the public response could influence the state’s economic climate and reputation. With the legal landscape unsettled, Floridians await further action from the state’s highest court and lawmakers.