Florida's Constitutional Victory: How Citizen Action Transformed Open Carry Laws

Grassroots Legal Challenge Bypasses Legislative Process

Florida has achieved a landmark transformation in firearms law through an unprecedented judicial pathway. The open carry of all commonly used firearms—including rifles, shotguns, and handguns—is now completely legal throughout the state, making Florida one of the most permissive open carry jurisdictions in the nation.

This constitutional victory emerged not through traditional legislative channels, but through a determined legal challenge that reached the state's appellate court system. The outcome places Florida among the majority of states that recognize open carry rights, leaving only California, Connecticut, and Illinois as holdouts that continue to prohibit their citizens from openly carrying arms.

Official State Response and Implementation

Attorney General's Directive to Law Enforcement

Florida Attorney General James Uthmeier issued a comprehensive directive Monday morning to all state prosecutors and law enforcement agencies regarding the implications of McDaniels v. State. In this case, the First District Court of Appeal delivered a decisive ruling that struck down Florida's longstanding ban on open carry.

Uthmeier's official communication emphasized the binding nature of the appellate decision: "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."

Immediate Enforcement Changes

The Attorney General's directive includes specific guidance for law enforcement operations: "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."

The Architects of Constitutional Change

Legal Team Behind the Victory

The successful constitutional challenge owes its success to the strategic partnership between defense attorney Eric Friday, who also serves as general counsel for Florida Carry, Inc., and his former client, Stanley Victor McDaniels. Their collaboration demonstrates how individual citizens can effect systemic legal change through the judicial system.

The Catalyst Case: McDaniels' Constitutional Stand

On July 4, 2022, Stanley Victor McDaniels orchestrated a carefully planned constitutional test case in downtown Pensacola, Florida. His approach was methodical and deliberate: he armed himself with a loaded handgun positioned visibly in his pants using an inside-the-waistband holster, while carrying a copy of the United States Constitution in his non-shooting hand.

McDaniels documented the entire encounter by setting up a camera on a tripod to record what would become a historic legal precedent. When approached by law enforcement officers requesting identification, he presented his Florida Concealed Carry permit. While officers confiscated his firearm, they returned his holster, and McDaniels was subsequently arrested six days later for violating Florida's open-carry prohibition.

Judicial Reasoning and Constitutional Analysis

Appellate Court's Constitutional Framework

Following McDaniels' conviction and appeal to the First District Court of Appeal, the court issued a comprehensive ruling that fundamentally reinterpreted Florida's firearms regulations. The appellate decision articulated a clear constitutional framework:

"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's conviction, and reverse his sentence."

Historical and Textual Analysis

The court's decision relied heavily on recent Supreme Court precedents, particularly the Bruen and Rahimi cases, which established new standards for evaluating firearms regulations against historical traditions and constitutional text. This analytical approach proved decisive in overturning Florida's restrictive open carry statute.

Attorney Friday's Perspective on the Victory

Personal Reflection on the Achievement

Eric Friday, the attorney who shepherded the case through the appellate process, expressed his satisfaction with the outcome when contacted following the ruling. "This is the most important issue that I could have resolved for gun owners in the state of Florida," he stated. "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."

Guidance for the Gun-Owning Community

While celebrating the legal victory, Attorney Friday emphasized the importance of responsible exercise of newly recognized rights: "I encourage all gun owners to exercise discretion and to use caution in the manner and location of carry."

Implications for Florida's Legal Landscape

Statewide Impact and Precedent

The McDaniels decision establishes binding precedent across all Florida trial courts, effectively transforming the state's firearms regulatory environment without requiring legislative action. This judicial pathway demonstrates how constitutional challenges can achieve policy changes that might face obstacles in the political process.

National Context and Significance

Florida's transition to unrestricted open carry places it among the majority of states that recognize this constitutional right, further isolating the remaining restrictive jurisdictions of California, Connecticut, and Illinois. This development reflects broader national trends toward expanded recognition of Second Amendment protections.