Gov. Ron DeSantis celebrated a state appeals court's ruling that a Florida law banning the open carry of firearms is unconstitutional. The decision was announced by Judge Stephanie Ray of the First District Court, who authored the opinion, along with Lori Rowe and M. Kemmerly Thomas, on Wednesday.
"This decision aligns state policy with my long-held position and with the vast majority of states throughout the union," DeSantis said. "Ultimately, the court correctly ruled that the text of the Second Amendment — 'to keep and bear arms' — says what it means and means what it says."
The ruling by the court follows a July 2022 case brought by Stanley Victor McDaniels, who was arrested for violating the ban before later appealing his conviction, according to the court's decision.
Ray and the other judges agreed, saying in part that "the Constitution protects the right to carry arms openly for self-defense."
"Because the Second Amendment’s plain text covers the open carry of firearms in public, Florida’s Open Carry Ban is unconstitutional unless the State can affirmatively prove that the restriction is consistent with this Nation’s historical tradition of firearm regulation," the judges wrote in their opinion.
They also cited Florida Statute 790.053 as specifically being unconstitutional in their decision. Thus, McDaniels' sentence was vacated by the decision.
Florida Attorney General James Uthmeier also reacted to the ruling on social media.
"Florida’s 1st District Court of Appeals just ruled that Florida’s open carry ban is no longer constitutionally enforceable statewide. Our office fully supports the Court’s decision," Uthmeier said. "This is a big win for the Second Amendment rights of Floridians. As we’ve all witnessed over the last few days, our God-given right to self-defense is indispensable."
DeSantis has previously called on Florida lawmakers to pass open carry legislation, including back in January.
"Would be great to see it hit my desk — Florida needs to join the overwhelming majority of states and protect this right," DeSantis said.
