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A Florida appeals courtroom has struck down the state’s decades-old ban on open carry, declaring it unconstitutional and vacating the conviction of gun rights activist Stanley V. McDaniels.
The Residents Committee for the Proper to Maintain and Bear Arms (CCRKBA) hailed the unanimous choice as a “enormous victory” for Florida gun house owners.
McDaniels was arrested on Independence Day 2022 for brazenly carrying a sidearm at a Pensacola intersection. He was later convicted and sentenced to probation and group service beneath Florida’s open carry ban.
Attorneys Eric Friday and Chris Crawford, working with Florida Carry and with help from Gun House owners of America and legal professional Don Kilmer, appealed the case.
In Wednesday’s opinion, Choose Stephanie W. Ray, writing for the First District Court docket of Appeals with concurrence from Judges Lori S. Rowe and M. Kemmerly Thomas, wrote:
“Florida legislation typically makes it against the law for an peculiar, law-abiding, grownup citizen to hold a firearm brazenly in public. Stanley Victor McDaniels was convicted beneath that legislation, and he now appeals. He contends that this open carry ban is incompatible with the Second Modification’s assure of the best to bear arms. Guided by the Structure’s textual content and this Nation’s historic custom of firearm regulation, we agree. We due to this fact declare the legislation unconstitutional, vacate McDaniels’s conviction, and reverse his sentence.”
CCRKBA Chairman Alan Gottlieb praised the ruling and the work of Florida Carry.
“This can be a enormous victory for Florida gun house owners, and particularly for our associates at Florida Carry,” Gottlieb stated. “We’re hopeful the ruling will likely be rapidly upheld by the Florida State Supreme Court docket so Sunshine State gun house owners can take pleasure in the identical Open Carry freedoms that residents in virtually each different state have already got.”
Lawyer Eric Friday cautioned that the ruling shouldn’t be last till 15 days go with out additional motions, however referred to as it a serious step ahead.
CCRKBA pledged to proceed monitoring the case by its conclusion, with Gottlieb noting the ruling comes simply forward of the Gun Rights Coverage Convention in Salt Lake Metropolis (Sept. 26–28), including additional momentum for gun rights advocates.
For now, the McDaniels case has given open carry supporters in Florida their strongest win in years — and delivered one other authorized rebuke to bans that stand in rigidity with the plain textual content of the Second Modification.
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