TALLAHASSEE, Fla. — Florida Attorney General James Uthmeier issued a sweeping directive Monday notifying prosecutors and law enforcement statewide that open carry of firearms is now legal in the state following a recent appellate court ruling.
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The announcement stems from the First District Court of Appeal’s decision in McDaniels v. State, which struck down Florida’s longstanding ban on openly carrying firearms. The court found that the prohibition in Section 790.053, Florida Statutes violated the Second Amendment under standards set by the U.S. Supreme Court in NYSRPA v. Bruen (2022) and reaffirmed in United States v. Rahimi (2024).
Uthmeier’s office concluded that because no other Florida appellate court has reviewed the law since those landmark cases, the First DCA’s ruling is binding on all trial courts across the state.
“Meaning that as of last week, open carry is the law of the state,” Uthmeier wrote in his memorandum.
I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State.
Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s… pic.twitter.com/2W5Hr6EV2V
The case centered on a defendant, Mr. McDaniels, who was charged under Section 790.053 after openly carrying a sidearm in a holster. McDaniels argued that the statute was unconstitutional, but a trial court disagreed and upheld the charge.
On appeal, however, the First DCA sided with McDaniels, finding that open carry was the default mode of firearm possession during the founding era and therefore protected by the Second Amendment. The court explicitly rejected the notion that Florida’s ban was consistent with the nation’s historical tradition of firearm regulation.
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New Guidance for Police and Prosecutors
Attorney General Uthmeier’s memorandum, dated September 15, 2025, directs law enforcement agencies and state attorneys to cease enforcing Section 790.053 against law-abiding adults.
“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,” Uthmeier wrote.
His office also stated it would no longer defend prosecutions under the struck-down statute.
Important Limitations Remain
The Attorney General emphasized that the decision does not grant Floridians unchecked authority to carry firearms openly.
No menacing behavior: Law enforcement may still act against individuals who “exhibit firearms in a rude, careless, angry, or threatening manner.”
No protection for felons: Convicted felons remain prohibited from possessing firearms.
Private property rights: Businesses and private property owners may still forbid firearms on their premises.
Restricted locations: Florida laws restricting firearms in certain sensitive locations, such as schools or courthouses, remain in effect.
Additionally, anyone who refuses to leave private property after being asked to disarm may face felony trespass charges.
What Happens Next?
While the First DCA’s ruling is binding across Florida, the decision could still face further review. The state may seek rehearing or certification to the Florida Supreme Court, which could ultimately weigh in.
For now, however, Uthmeier has made clear that the state will treat open carry as lawful:
“Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1),” the memorandum states, “this office moving forward will no longer defend convictions and prosecutions under Section 790.053(1).”
Impact on Floridians
The ruling represents a historic shift in Florida’s firearms laws. Previously, Florida permitted only concealed carry with a permit (later permitless), while maintaining one of the nation’s strictest bans on open carry.
Gun rights advocates have hailed the decision as a victory for constitutional freedoms. Critics warn it could increase risks for public safety and complicate law enforcement efforts.
Until further appellate review, however, Floridians can now legally carry firearms openly in public—subject to the limitations outlined above.
