Now is the time for employers in Florida to re-examine their policies regarding the possession of weapons on their premises. The law is changing.
On September 10, a three-judge panel of Florida’s First District Court of Appeals declared unconstitutional the long-standing statute that banned the open carry of firearms in Florida. The State has since declared that it will not appeal and that it will allow open carry throughout the state, subject to certain limitations.
Background
In McDaniels v. State of Florida, the panel overturned the criminal conviction of Stanley McDaniels, who had a concealed-carry permit and on July 4, 2022, was standing at a street corner in Pensacola with a copy of the U.S. Constitution in one hand and waving to passing vehicles with his other hand. He had a loaded handgun in a waistband holster, and part of the gun was visible. When he was arrested, he told the officers that he wanted to take his case to the supreme court. The police released him that day but later issued a warrant for his arrest for violating the open-carry statute. Mr. McDaniels turned himself in.
He was convicted but contended that the state’s ban on open carry violated the Second Amendment to the U.S. Constitution. The appellate panel agreed and vacated his conviction.
The panel decision, coupled with the decision of the State not to appeal, means that the panel decision will become the law, and there will be no ban on open carry in Florida (again, with some caveats, discussed...
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