Florida Carry Inc. --- The story leading to Sept 10th 2025 and the open carry ban being ruled unconstitutional…
For 15 years, Florida Carry Inc has been fighting to remove 790.053 that came from a 38 year old special session of the legislature in 1987.
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
The Florida Carry case Caranna vs Chitwood began from an incident May 25th 2013 and was lost partially because there was no arrest. No criminal case to overturn. Nothing to get 790.053 ruled unconstitutional because the case dealt with Baker Acts.
So, as an organization, this activated radar for when a case more perfectly aligned occurred.
On July 4th 2022, Stanley McDaniels was arrested for open carry while campaigning for County Commissioner in Escambia County in Pensacola FL. He told the officers on scene that he WANTED to appeal the open carry ban to the Florida Supreme Court.
When Florida Carry heard of the facts of this arrest, we swung into action with both the Board of Directors and General Council Eric Friday. We secured a local bail bondsman to COVER the $500 misdemeanor bail at no cost because they believed in the cause. Friday, being based in Duval County 360 miles away,
found a local lawyer who was also a believer, Chris Crawford. Once again, at no cost to Stanley McDaniels.
Friday handled the motion to dismiss hearing in person, and Chris Crawford handled the trial.
Daniels was convicted.
When the appeal began, we only had Heller to go on. Then the Bruen decision came in and helped. The Rahimi decision based on unfavorable case facts hindered.
Florida Carry was contacted by Gun Owners of America who kicked in some financial support. The Second Amendment Foundation provided a lawyer who helped the Florida Carry Board of Directors and Eric Friday in crafting legal briefs. This was a team effort.
Florida Carry paid filing fees for the appeal. Florida Carry supports Eric Friday in travel expenses and lawyer fees so Stanley McDaniels doesn’t have to. In fact, Eric doesn’t bill until the case is over. Well, it was over September 10th 2025. That is why Florida Carry still needs your financial support!
On top of that our fight is not over!
Signs having weight of law in not on the table as far as we are concerned. That does not mean anti-gun corporate interest and local officials won’t be asking for it. We do have a plan if they insist. If the legislature accepts their plan or goals without our input and participation we will seek a governor’s veto.
Exercising private property rights to deny the right to defend yourself should come with consequences.
No further infringements will be entertained.
We asked for something very simple for a long time. We achieved it without the legislators’ help. We are prepared to defend the victory, and we are prepared to have honest good faith discussion about any issues the other side would like to address.
We will not negotiate away our victory or our rights!
