A recent Florida court decision allows gun owners to openly carry their firearms inside businesses and restaurants, effective Thursday.
Law-abiding citizens now have the right to open carry under the Second Amendment, the First District Court of Appeal decided Sept. 10. While the Alachua County Sheriff’s Office has promised to comply fully with the change — which still allows businesses to prohibit open carry on their premises — some Gainesville leaders and gun safety activists worry public spaces will feel less welcoming as a result.
The decision stems from the Stanley Victor McDaniels v. State of Florida court case. In 2022, the defendant, McDaniels, was celebrating the Fourth of July at an intersection in downtown Pensacola. He held a copy of the U.S. Constitution in one hand and waved at passing vehicles with the other.
McDaniels’ handgun was visible in his waistband, which drew police to the scene several hours later. He provided his concealed carry permit, and officers ran a background check, which came back negative.
Officers later obtained a warrant for McDaniels’ arrest, leading him to turn himself in just six days after the initial exchange.
McDaniels argued Florida’s “Open Carry Ban,” which required firearms be carried in a concealed or non-visable manner, violated his Second Amendment right. He ultimately prevailed, and openly carrying firearms is now legal in Florida.
Florida Attorney General James Uthmeier declared “the McDaniels decision is now the law of the state” in a memo published Sept. 15.
State Attorney Brian S. Kramer expressed similar sentiment in his own memo published Sept. 11. He said he found it unlikely that Uthmeier would appeal the decision and advised Florida police departments to adjust to the new law, effective immediately.
“Because of the McDaniels decision, open carry alone cannot be the basis for reasonable suspicion for a stop or probable cause for a search or an arrest,” Kramer said.
Alachua County promises ‘full compliance’
The Alachua County Sheriff’s Office acknowledged the change in a Facebook press release Sept. 11.
The post, attributed to Alachua County Sheriff Chad Scott, called Florida’s firearm laws complex and encouraged gun owners to stay informed on evolving legal requirements.
Scott said his office would “promptly update our policies and practices to remain in full compliance with the law and provide clear guidance to the public” after the court opinion goes into effect.
Other local leaders have expressed concern over the confusion that might arise from the new policy.
Gainesville Commissioner James Ingle worries the vagueness of the law makes it hard to follow.
“If we've made the decision that open carry is just the way things are going to be, then I think we need to have a pretty clear line of what that means,” he said.
While many open carry states have legislation that clearly defines the parameters of the law, Florida’s policy was rushed and lacks necessary regulations, Ingle said.
Raised by a gunsmith, Ingle said the legislation’s ambiguity might cause gun owners to handle firearms irresponsibly.
“People kind of think that open carry means that you don't have those responsibilities,” Ingle said. “And I think that type of mentality can be very dangerous, and not only physically dangerous, but the type of thing that makes public places unwelcoming.”
The Florida chapter of anti-gun violence group Moms Demand Action expressed similar concerns in an article posted to its website.
“This is a complete dereliction of duty and at the end of the day, our kids, communities and law enforcement will pay the price while we strip a decades-old law from the books meant to help keep us all safe,” Jennifer Massey, a volunteer for the Florida chapter, said in a press release.
Moms Demand Action said extremist groups could use the law to intimidate people at protests and public gatherings. Law enforcement officers, the group said, may also now struggle to distinguish between legal weapon-carriers and people preparing to commit violence.
It’s still unclear whether these fears will come to fruition as Florida’s nearly four decade-long legacy as a concealed-carry state changes.
Contact Grace Larson at glarson@alligator.org. Follow her on X @graceellarson
Grace is a first year journalism student, serving as city/county commission reporter for the Fall 2025 semester. While she has not previously been on staff, her early journalism experience can be attributed to Devil's Advocate, her high school newspaper. When she is not writing, Grace enjoys staying active by running, weight lifting, hiking and doing yoga. Her other pastimes include thrifting and working on random art projects.
