New horizons for the Seventh Circuit as open carry becomes reality

New horizons for the Seventh Circuit as open carry becomes reality

For decades, the sight of a holstered handgun on a citizen’s hip was a rare occurrence for Historic City News readers.  That was typically reserved for those actively engaged in hunting or fishing. Nevertheless, after the landmark September 2025 ruling by the First District Court of Appeal in McDaniels v. State, the legal landscape has shifted dramatically. The court struck down Florida’s long-standing ban on the open carry of firearms, declaring the prohibition unconstitutional under the Second Amendment. 

This decision has sparked a rapid transition for residents and law enforcement across St. Johns, Putnam, Flagler, and Volusia Counties, as the “Sunshine State” joins the majority of the nation in allowing firearms to be displayed in public. Local law enforcement leaders were quick to respond to the ruling, issuing guidance to ensure deputies and citizens alike understand the new guidelines. 

St. Johns County Sheriff Rob Hardwick and Putnam County Sheriff Gator DeLoach both affirmed their commitment to honoring the court’s decision shortly after it was handed down. Sheriff Hardwick noted that his deputies have been instructed to no longer consider the open carrying of a firearm as unlawful in most circumstances, promising “first-class customer service” to residents as the region adjusts to being part of an open-carry state. In Volusia County, Sheriff Mike Chitwood echoed these sentiments while maintaining a tone of cautious responsibility. He clarified that while the “mere act” of openly carrying is no longer grounds for arrest, it is not an absolute right. 

Law enforcement across the four-county area has emphasized that “brandishing”—displaying a weapon in a rude, careless, angry, or threatening manner—remains a criminal offense. The goal, according to local officials, is to protect constitutional rights while ensuring that public displays of firearms do not escalate into public endangerment.

Despite the broad legalization, significant geographic boundaries stay in place. Florida Statute 790.06(12) continues to prohibit firearms—whether concealed or displayed—in “sensitive locations.” This includes courthouses, polling places, government meeting halls, and schools. For residents in the tri-county area and Volusia, this means that even if a firearm is legal on a sidewalk in Palatka or a beach in Daytona, it must be secured before entering a county annex or a school board meeting. Navigating these “gun-free zones” requires constant vigilance to avoid inadvertently committing a felony.

The shift has also placed a new burden of responsibility on the private sector. While public parks and streets are now open to displayed firearms, private businesses from the St. Augustine Outlets to the shops in Flagler Beach keep the legal authority to ban guns on their premises. Flagler County officials have reminded the public that business owners can post “No Firearms” signs or simply ask an individual to leave. Under Florida law, a gun owner who refuses to leave a private establishment when asked can still be charged with armed trespass, regardless of the new open carry status.

Public reaction across the Seventh Judicial Circuit reflects a deep-seated tension between Second Amendment advocacy and public safety concerns. In more urban areas of Volusia and St. Johns, some residents have expressed anxiety over the visibility of weapons in family-friendly tourist destinations. Conversely, in the more rural stretches of Putnam and Flagler Counties, many have welcomed the change as a long-overdue restoration of rights. Advocacy groups have been active on both sides, with some pushing for even broader freedoms and others calling for local ordinances to mitigate the impact of the ruling.

The legal evolution is to continue as the 2026 Florida Legislative Session. Lawmakers are now debating House Bill 133, which passed the House in January 2026 and seeks to lower the minimum age for purchasing rifles and long guns from 21 to 18. If signed into law, this would significantly expand the number of young adults eligible to own firearms. While federal law still restricts handgun purchases from licensed dealers to those 21 and older, the shifting state age requirements add another layer of complexity to the local enforcement of carry laws.

As the First Coast and Volusia County adjust to this “new normal,” the emphasis from both legal experts and law enforcement remains on education and “sound discernment.” Residents are encouraged to seek training, even though it is no longer a legal prerequisite for carrying. Officials stress that while the law now allows the holster to be visible, the responsibility of the owner remains hidden in their judgment and skill. As Sheriff Hardwick aptly summarized, the community must help “educate and protect constitutional rights” during a transition that remains a work in progress for many.


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