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Open Carry Comes to Florida

Monday, September 22, 2025

Open Carry Comes to Florida

On September 10, the First District Court of Appeal of the State of Florida struck down the Sunshine State’s prohibition on open carry as a violation of the Second Amendment in the case McDaniel v. Florida. Enacted in 1987, the same year Florida became a Right-to-Carry state for concealed carry, the open carry statute (F.S.A. § 790.053) had provided that, with minor exceptions, “it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”

The court’s decision rested on the U.S. Supreme Court’s ruling in the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022). In Bruen, Justice Clarence Thomas’s opinion made clear that in order for a firearm regulation to survive a Second Amendment challenge, “the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”

The court in McDaniel made clear “the State has failed to carry its burden to show that Florida’s Open Carry Ban is consistent with this Nation’s historical tradition of firearm regulation.” The court went on to explain,

On this record, the State has failed to carry its burden. It identifies no Founding-era law that broadly prohibited the open carry of firearms in public. Nor does it cite any historical regulation imposing a burden or justification comparable to Florida’s Open Carry Ban. At most, it has pointed to laws regulating the method or manner of carry, but those laws left intact the ability to bear arms openly for peaceable purposes. By contrast, Florida’s Open Carry Ban eliminates that option altogether and thus extends far beyond anything recognized in our historical tradition.

On September 15, Florida Attorney General James Uthmeier put out a guidance memorandum on open carry in Florida in which he explained that “the McDaniels decision is now the law of the State.” Demonstrating a commitment to upholding the Second Amendment rights of Floridians, Attorney General Uthmeier also made clear “We Believe the McDaniels decision correctly applied Second Amendment law as enunciated in Bruen.”

Further, Attorney General Uthmeier instructed the criminal justice system throughout the state that,

Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying firearms in a manner that is visible to others.

Gun owners should know that Florida law prohibits otherwise lawful carry in certain sensitive locations. As Attorney General Uthmeier pointed out, some of these locations can be found at F.S.A. § 790.06(12)(a). Separate firearm location restrictions can be found at F.S.A. § 790.115 (“Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions”) and F.S.A. § 394.458 (hospitals providing mental health services).

Moreover, F.S.A. § 790.10 prohibits brandishing, specifically, “having or carrying any… firearm… in a rude, careless, angry, or threatening manner, not in necessary self-defense.”

Readers are encouraged to examine Attorney General Uthmeier’s full open carry guidance memorandum by clicking here.

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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

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Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

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Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

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Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

Wednesday, March 11, 2026

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

On Friday, March 13th, the Senate Judiciary and Public Safety Committee will hold a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. Please contact members of ...

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

California: Public Safety Committees Set to Hear Multiple Firearm Bills

Tuesday, March 10, 2026

California: Public Safety Committees Set to Hear Multiple Firearm Bills

On Tuesday, March 17th at 8:30 AM, the Assembly Committee on Public Safety will hear Assembly Bill 1753 pertaining to gun violence restraining orders and Assembly Bill 1948, extending the validity concealed carry permit. Additionally ...

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

Sunday, March 15, 2026

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

On Saturday, March 14th, the West Virginia Legislature adjourned sine die from the 2026 legislative session.

Tennessee: Senate Floor Vote Tomorrow

Wednesday, March 11, 2026

Tennessee: Senate Floor Vote Tomorrow

On Thursday, March 12th, the Senate is expected to vote on SB 3050, protecting tenants Second Amendment rights. Please contact your Senator and urge them to SUPPORT SB 3050 by using the TAKE ACTION button below.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.