Staff Reports
Last Call – A prime-time read of what’s going down in Florida politics.
First Shot
A panel of appellate Judges has ruled that any restrictions on the open carry of firearms in Florida are unconstitutional. Florida Attorney General James Uthmeier signaled his office supports the ruling and will not appeal the decision to the Florida Supreme Court.
In a case involving frequent Pensacola political candidate Stan McDaniels, Florida’s First District Court of Appeal ruled that the state’s statutory limits on carrying arms for self-defense violate Second Amendment rights under the U.S. Constitution.
“The Constitution protects the right to carry arms openly for self-defense. Florida’s Open Carry Ban cannot be reconciled with that guarantee,” reads a ruling by Appellate Judge Stephanie Ray.
Florida law states that “it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.” But the ruling nullified that statute. The court ruling lists Florida as an outlier in the U.S., with only three other states — California, Connecticut and Illinois — generally prohibiting open carry.
McDaniels, earlier this year, ran as a write-in candidate for Congress in a Special Election in Florida’s 1st Congressional District.
In July 2022, McDaniels was arrested while waving a copy of the Constitution at a downtown Pensacola intersection. At the time, the gun rights activist was carrying a loaded handgun in a visible holster. Police arrested him at the scene for violating the law, something McDaniels appeared to invite as he promised to use the case to bring open carry before the Supreme Court.
Police confiscated McDaniels’ firearm and released him, but officials issued a warrant for his arrest on July 10. McDaniels surrendered himself to police the same day.
A lower court convicted McDaniels and sentenced him to probation and community service, but he appealed the decision. During his trial, McDaniels moved to dismiss his charges, arguing the statute under which he was charged violated his Second Amendment rights.
Appellate Judges agreed, citing three U.S. Supreme Court cases since 2008 that further strengthen individuals’ constitutional right to bear arms.
Those included the District of Columbia v. Heller ruling that affirmed the right to carry a firearm for a lawful purpose, the McDonald v. Chicago decision saying the Second Amendment allowed firearms to be kept for self-defense, and the New York State Rifle & Pistol Association v. Bruen opinion that said governments cannot require citizens to show “proper cause” to obtain a concealed carry license.
Read more on Florida Politics.
Evening Reads
—“Charlie Kirk has died after being shot at an event in Utah, President Donald Trump says” via The Associated Press
—“Florida leaders pray after Turning Point USA’s Kirk shot at Utah college” via Jacob Ogles of Florida Politics
—“White House exerts enormous influence over FBI, lawsuit says” via Alan Feuer and Glenn Thrush of The New York Times
—”‘Who, me?’ Older Democrats defy calls for retirement” via Jasmine Li of The Wall Street Journal
—”Democrats can’t save democracy by shutting down the government” via Eric Levitz of Vox
—”How originalism killed the constitution” via Jill Lepore of The Atlantic
—”My rankings of the 10 Democrats most likely to win in 2028” via Chris Cillizza of So What?
—”Poll shows most Florida voters, including plurality of Republicans, don’t want a mid-decade redistricting” via Jacob Ogles of Florida Politics
—”Ron DeSantis’ step toward victory on ‘Alligator Alcatraz’ sets up a funding dilemma for Florida” via Mike Schneider of The Associated Press
—”Florida’s ban on open carry ruled unconstitutional by state appeals court” via Mitch Perry of the Florida Phoenix
Quote of the Day
“Ultimately, the court correctly ruled that the text of the Second Amendment — ‘to keep and bear arms’ — says what it means and means what it says.”
— Gov. Ron DeSantis, on the open carry ruling.
Put it on the Tab
Look to your left, then look to your right. If you see one of these people at your happy hour haunt, flag down the bartender and put one of these on your tab. Recipes included, just in case the Cocktail Codex fell into the well.
Order a Horse’s Neck for David Jolly, whose internal poll shows him in a dead heat with the top GOP contender for Governor.
Before you order a nice leather holster, just remember that open carry doesn’t mean ‘open container.’
Breakthrough Insights
Tune In
Miami opens ACC play in women’s soccer
Off to a 5-1-1 start, the Miami Hurricanes women’s soccer team faces #17 Wake Forest tonight in Winston Salem, N.C. (8 p.m. ET, ACC Network).
Miami scored a pair of second-half goals to beat FIU 2-0 on Sunday to earn the program’s best start since 2011. In the game, the Canes outshot the Panthers 16-5.
Before the season began, Miami was not expected to contend with the top programs in the ACC like North Carolina, Notre Dame, and Florida State, who each received first-place votes in the preseason conference poll. Wake Forest was picked to finish sixth while Miami was projected to finish 15th out of 17 teams in the ACC.
Instead, the Hurricanes have opened the season with wins over UNC Asheville, Florida Atlantic, Jacksonville University, Lipscomb, and FIU, with a draw against Princeton last week. The only loss of the season came in a 1-0 loss on the road at Appalachian State on an 80th-minute penalty kick.
Miami has already matched last season’s win total and needs one victory to match the most wins in the program since 2018.
Now conference play begins against the rugged ACC. Wake Forest has also started the season 5-1-1 with wins over SMU, LSU, Villanova, USF, and College of Charleston. The only loss of the season for Wake Forest came in a 2-1 defeat at Mississippi State. In the Deacons’ last game, they drew with Brown.
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Last Call is published by Peter Schorsch, assembled and edited by Phil Ammann and Drew Wilson, with contributions from the staff of Florida Politics.
