In a case that drew widespread attention from advocates on both sides of the gun-rights issue, Florida’s First District Court of Appeal ended the state law prohibiting firearms from being carried openly. This puts the state in line with most of the rest of the country on this issue. Though the open-carry ban was ruled to be unconstitutional, it’s important to remember that there still are situations where possessing a weapon can result in a serious criminal charge. 

The case of McDaniels v. State started in 2022 when Stanley McDaniels stood at an intersection in Pensacola with his handgun visible in its holster. He waved to passing cars and held a copy of the Constitution in his hand. As someone with a valid Concealed Carry Permit, he had another firearm that others could not see. Police arrested him, saying that while carrying the concealed weapon was legal, the visible gun violated the open-carry ban. 

Citing the Second Amendment to the U.S. Constitution, recent Supreme Court decisions and the historical background of firearms regulation in this country, the First District struck the open-carry ban. As a result, prosecutors will no longer bring charges pursuant to the statute. However, neither this nor the 2023 “constitutional carry” legislation eliminating the permit requirement to possess a concealed weapon, confers the absolute right to bring a gun anywhere. 

You could still face a weapons charge if you are carrying a firearm in a sensitive government location, such as a courthouse, legislative chamber or the meeting place of a county or municipal government. Among educational institutions, gun possession is banned at K-12 school. Florida legislators are currently debating whether to lift the prohibition on firearms at colleges and universities. 

Property rights remain a key limit.  A business or landowner’s posted rules (or on-the-spot directive) can be enforced under trespass laws. Guns are also generally prohibited in bars and sections of restaurants dedicated to alcohol service. 

Don’t make a costly mistake by believing that gun possession is now unfettered in the wake of the McDaniels decision and the 2023 constitutional carry law. If you are accused of a weapons charge in Central Florida, reach out to Law Offices of Tad A. Yates, P.A. in Orlando. You can reach us by calling 407-608-7777 or contacting us online.