Close Menu
    Facebook X (Twitter) Instagram
    TRENDING :
    • A U.S. state just banned big AI data centers. Here’s why it might not be the last
    • Trader Joe’s class action settlement: How to find out if you’re an eligible shopper and claim your money
    • Sustainability is maturing
    • IBM just settled a major anti-DEI case for $17 million
    • 2028 candidates will face a new kind of economic anger 
    • When Nuclear War Is All We Have Left
    • Mamdani filmed his pied-á-terre tax video outside Ken Griffin’s $238 million penthouse. Social media loves him for it
    • From legacy processes to AI-native work
    Populist Bulletin
    • Home
    • US Politics
    • World Politics
    • Economy
    • Business
    • Headline News
    Populist Bulletin
    Home»World Politics»Florida’s Open Carry Gun Ban Struck Down by State Court
    World Politics 5 Mins Read

    Florida’s Open Carry Gun Ban Struck Down by State Court

    World Politics 5 Mins Read
    Share Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email Copy Link
    Follow Us
    Google News Flipboard
    Share
    Facebook Twitter LinkedIn Pinterest Email


    This article was originally published  by The Epoch Times: Florida’s Open Carry Gun Ban Struck Down by State Court

    A Florida appeals court on Sept. 10 unanimously struck down the state’s law banning the open carry of firearms.

    The ruling by the state’s First District Court of Appeal reversed the conviction of Stanley Victor McDaniels. He was found guilty under a 1987 state law that makes it “unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”

    Florida Gov. Bob Martinez, a Republican, signed the law in 1987, after state lawmakers discovered that a recently passed concealed carry law created a legal loophole that allowed people to walk around in public with guns. Legislators worried that national reports on the loophole could hurt tourism in the state. The Florida Supreme Court upheld the law in 2017 in a case known as Norman v. State of Florida.

    Appeals Judge Stephanie Ray said in the court’s opinion on Sept. 10 that Florida is “an outlier” that, along with Illinois, Connecticut, and California, generally forbids the open carrying of guns.

    McDaniels argued that the open carry ban violated the Second Amendment’s guarantee of the right to bear arms, the judge said.

    “Guided by the Constitution’s text and this Nation’s historical tradition of firearm regulation, we agree,” Ray said in an opinion that was joined by Judges Lori Rowe and Kemmerly Thomas.

    “We therefore declare the law unconstitutional, vacate McDaniels’s conviction, and reverse his sentence.”

    The decision echoed the U.S. Supreme Court’s June 2022 ruling in New York State Rifle and Pistol Association v. Bruen.

    In that case, the nation’s highest court ruled that laws preventing law-abiding individuals from carrying firearms in public for self-defense can’t be upheld unless they are consistent with the nation’s historical firearm regulation traditions.

    McDaniels’s case goes back to July 4, 2022, when he positioned himself at an intersection in downtown Pensacola, holding a copy of the U.S. Constitution in one hand while he waved at vehicles that passed by, the opinion said.

    At the same time, McDaniels had a loaded handgun tucked into a waistband-level holster in his pants. The weapon was visible to anyone nearby, but McDaniels was not threatening anyone. He had positioned a camera on a tripod to record what he was doing, according to the opinion.

    When police showed up hours later, he cooperated, telling them he wanted to take this case to the Supreme Court. When asked for identification, he produced a copy of his state concealed carry permit. The police informed him that concealed carry was legal but open carry was not. They took the gun out of his pants and gave him back his holster, while their body cameras recorded. McDaniels was later charged, according to the opinion.

    Because the plain text of the Second Amendment covers the open carrying of guns in public, that conduct presumptively enjoys protection under the Constitution. This means the state must meet a heavy legal burden to establish that there is “a relevant historical tradition of firearms regulation that justifies its prohibition,” the opinion said.

    Here, the state failed to meet that burden, the court stated.

    “The historical record makes clear that open carry was regarded as the lawful and preferred mode of bearing arms, while concealed carry was viewed as dangerous to public safety and ineffective for self-defense,” the opinion said.

    “No historical tradition supports Florida’s Open Carry Ban,” and history shows that the right to bear arms in public “necessarily includes the right to do so openly.”

    The open carry ban cannot be reconciled with that right, the opinion said.

    Florida Gov. Ron DeSantis hailed the new court ruling on X.

    The decision “aligns state policy with my long-held position and with the vast majority of states throughout the union,” the Republican governor said.

    “Ultimately, the court correctly rules that the text of the Second Amendment—‘to keep and bear arms’—says what it means and means what it says.”

    Florida Attorney General James Uthmeier indicated he had no interest in appealing the ruling invalidating the law.

    After the First District Court of Appeal found the open carry ban was no longer constitutional, “our office fully supports the Court’s decision,” he said in a post on X.

    “This is a big win for the Second Amendment rights of Floridians,” the attorney general added.

    If you found this article interesting, please consider supporting traditional journalism

    Our first edition was published 25 years ago from a basement in Atlanta. Today, The Epoch Times brings fact-based, award-winning journalism to millions of Americans.

    Our journalists have been threatened, arrested, and assaulted, but our commitment to independent journalism has never wavered. This year marks our 25th year of independent reporting, free from corporate and political influence.

    That’s why you’re invited to a limited-time introductory offer — just $1 per week — so you can join millions already celebrating independent news.



    Source link

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    Breaking: FBI Arrests Suspect in DC Pipe Bomber Investigation | The Gateway Pundit

    December 4, 2025

    Ukrainians Attack Druzhba Oil Pipeline Again, Threatening Energy Supplies to Hungary and Slovakia (VIDEOS) | The Gateway Pundit

    December 4, 2025

    Victor Reacts: Is the Minneapolis Police Chief Trying to Have a Stand-off with ICE? (VIDEO) | The Gateway Pundit

    December 4, 2025
    Top News
    Business 4 Mins Read

    Why Apple and Google want your ID

    Business 4 Mins Read

    Apple and Google would like to see your identification, please. With the former’s “Digital ID”…

    How AI-supported stethoscopes could help doctors diagnose disease better

    October 21, 2025

    Trump Says He Will Issue Executive Order to Require Voter ID

    September 1, 2025

    Some advice from Gen Z: Try Venmo-ing cash for Christmas

    December 12, 2025
    Top Trending
    Business 4 Mins Read

    A U.S. state just banned big AI data centers. Here’s why it might not be the last

    Business 4 Mins Read

    As tech’s titans sprint to build a sprawling web of data centers…

    Business 2 Mins Read

    Trader Joe’s class action settlement: How to find out if you’re an eligible shopper and claim your money

    Business 2 Mins Read

    Trader Joe’s is settling a class action lawsuit for more than $7…

    Business 5 Mins Read

    Sustainability is maturing

    Business 5 Mins Read

    In 2002, 45% of the world’s top 250 companies reported on sustainability.…

    Categories
    • Business
    • Economy
    • Headline News
    • Top News
    • US Politics
    • World Politics
    About us

    The Populist Bulletin was founded with a fervent commitment to inform, inspire, empower and spark meaningful conversations about the economy, business, politics, government accountability, globalization, and the preservation of American cultural heritage.

    We are devoted to delivering straightforward, unfiltered, compelling, relatable stories that resonate with the majority of the American public, while boldly challenging false mainstream narratives that seem to only serve entrenched elitists, and foreign interests.

    Top Picks

    A U.S. state just banned big AI data centers. Here’s why it might not be the last

    April 17, 2026

    Trader Joe’s class action settlement: How to find out if you’re an eligible shopper and claim your money

    April 16, 2026

    Sustainability is maturing

    April 16, 2026
    Categories
    • Business
    • Economy
    • Headline News
    • Top News
    • US Politics
    • World Politics
    Copyright © 2025 Populist Bulletin. All Rights Reserved.

    Type above and press Enter to search. Press Esc to cancel.