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Alt Text: Holstered handgun symbolizing Florida’s open carry debate (2025)
Holstered handgun in Florida, where an appeals court ruling has reignited the debate over open carry laws. Contribution: Pulp City Magazine.

Florida Appeals Court Strikes Down Open Carry Ban — Attorney General Declares It “Law of the State”

Editor’s Note (Updated Sept. 18, 2025): This article has been updated to reflect that the Orange County Sheriff’s Office has now joined other Central Florida agencies in pausing enforcement of Florida’s open-carry ban following the recent court ruling.

On September 10, 2025, a Florida appeals court kicked open a door that’s been locked since the ’80s. Judges struck down the state’s open-carry ban, ruling that Florida Statute 790.053 is unconstitutional.

 

The case, McDaniels v. State, leaned on the U.S. Supreme Court’s Bruen decision, which tells courts to measure today’s gun laws against the nation’s “historical tradition.” In this ruling, history sided with carrying it on your hip, not tucked under your shirt.

 

Be easy though, Swearengen. This isn’t Deadwood…yet.


With the rehearing window still open, the ruling isn’t final, which means the law is technically still on the books.

That didn’t stop Florida’s top cop from weighing in. On September 15, Attorney General James Uthmeier issued a statewide memo declaring that open carry is now the law of the state. He instructed prosecutors and law enforcement agencies not to enforce the overturned statute, saying the ruling is binding on trial courts statewide.

 

What the Open Carry Ruling Means for Orlando

Some counties are treating the ban like it’s already gone — and Orange County has now joined other agencies in pausing enforcement, acknowledging the appeals court ruling even as the rehearing window remains open.

Even if the law falls completely, “sensitive places” don’t go away.


Courthouses, polling sites, school events, the portion of bars primarily devoted to serving alcohol, airport sterile areas, private businesses with “No Firearms” on the door, and anywhere federal law prohibits firearms all stay off-limits.

Theme parks? They’ve got metal detectors and firm “no guns” policies.
Disney and Universal both ban weapons and use security screening.

 

From Lake Eola to I-Drive, from neighborhood festivals to farmers markets, the sight of a firearm in plain view could change how people move, how police respond, and how safe the city feels.

What Central Florida Sheriffs Are Saying

The ruling may not be final, but sheriffs are already drawing lines in the sand.

  • In Brevard County, Sheriff Wayne Ivey told his deputies in a Facebook video that they would no longer enforce Florida Statute 790.053.

    • Volusia County’s Sheriff Mike Chitwood echoed that stance, saying his office would stop open-carry arrests, though he reminded residents that private property rules still apply.

    • In Osceola County, Acting Sheriff Christopher Blackmon told WESH that his deputies are adjusting enforcement to match the court’s decision.

    • Marion County’s Sheriff Billy Woods issued a release urging people to take firearms seriously and pursue safety training even as his office stepped back from enforcement.

    • In Seminole County, Sheriff Dennis Lemma told FOX 35 Orlando that his office will not pursue open-carry charges under the challenged statute.

    • In Polk County, Sheriff Grady Judd put it bluntly on WESH 2: “Know the law, be responsible, and understand the risks.”

  • And in Orange County, Sheriff John Mina — who had previously opposed open carry — has now acknowledged the appeals court’s ruling and said his office will no longer enforce arrests under Florida Statute 790.053.

The result is a quickly shifting landscape across Central Florida. What was once a patchwork is now aligning, with most major counties now pausing enforcement until the court’s rehearing window closes.

Rights vs. Reality: Florida’s Open Carry Debate

Sheriffs aren’t the only voices weighing in.

“What this court has said is the history and traditions of our country is purely a Second Amendment argument. It’s unlawful in the state of Florida to ban people from carrying their firearm openly.”
— Anthony Rickman, Tampa defense attorney (FOX 13 News)

“I think the vast majority of people won’t carry that way … We don’t carry open in here, because some people might find it offensive.”
— Stan Butler, owner of Mike’s Outdoor in Escambia County (WEAR TV)

One side calls it a constitutional reset. The other calls it a recipe for chaos.

And most people? They’re just trying to figure out what tomorrow looks like.

The Road Ahead: Florida’s Open Carry Law After September 25

In the short term, confusion still lingers. Some sheriffs jumped immediately to stop enforcement, while others are waiting until the 15-day rehearing window closes on or around September 25–26 to treat the ruling as final — including Pinellas County Sheriff Bob Gualtieri.

Orange County’s shift marks a major turning point, signaling that even Florida’s largest metro counties are falling in line with the Attorney General’s directive.

Looking ahead, the Legislature could move to codify open carry in the next session in January, setting out clearer rules and restrictions, although in the past two Legislative Sessions, bills to allow open carry died in the State Senate.

In the long run, Orlando faces a bigger test: how will visible firearms reshape public space in a city built on tourism, nightlife, and tightly packed community events?

 

Bottom Line: Open Carry in Florida, 2025

Florida’s open-carry ban has been knocked down, but it’s not buried. Some sheriffs have already walked away from enforcement, while others are holding firm — even as the Attorney General insists the ruling is binding statewide.

But the reality is this isn’t just about statutes and court tests. It’s about daily life in a state where the rules can change overnight.

In Orlando, that means the law won’t just play out in courtrooms — it will play out in the crowds. From Lake Eola farmers markets to Saturday outings on Park Avenue in Winter Park, to packed nights on I-Drive.

Safety and security consistently rank as one of the most important factors for travelers when choosing a vacation destination.

Florida drew 143 million visitors in 2024, and with an economy that relies so heavily on them, asking how an open-carry policy could affect how safe those visitors feel is far from alarmist.

One thing is certain: the fight isn’t over. And at Pulp City, we’ll be right here following it.

 

FAQ: Florida Open Carry Law (2025)

Is open carry legal in Florida in 2025?

As of September 2025, a Florida appeals court struck down the state’s open carry ban under McDaniels v. State. The Attorney General declared the ruling binding, and most counties have paused enforcement while the 15-day rehearing period runs its course.

 

Which Florida counties have stopped enforcing the ban?

Sheriffs in Orange, Brevard, Volusia, Osceola, Marion, Seminole, and Polk counties have said they will not enforce Florida Statute 790.053 following the appeals court ruling.

 

Can you open carry in Orlando theme parks?

No. Disney, Universal, and other major Orlando theme parks strictly prohibit firearms and use metal detectors and security screening to enforce those rules.

 

What places are still off-limits even if open carry is allowed?

Firearms remain banned in courthouses, polling places, schools and school events, airport sterile areas, the portions of bars primarily devoted to alcohol service, and anywhere federal law prohibits them.

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