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, 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.
Florida Attorney General James Uthmeier 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.