In a major decision, a state appeals court Wednesday ruled that Florida's ban on openly carrying guns is unconstitutional.

A three-judge panel of the 1st District Court of Appeal, pointing to U.S. Supreme Court rulings on Second Amendment issues, said the open-carry ban is incompatible with the nation's "historical tradition of firearm regulation."

"No historical tradition supports Florida's open carry ban," Judge Stephanie Ray wrote in a 20-page opinion joined by Judges Lori Rowe and M. Kemmerly Thomas. "To the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly. That is not to say that open carry is absolute or immune from reasonable regulation. But what the state may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens."

The ruling came in a challenge filed by Stanley Victor McDaniels, who was convicted of openly carrying a gun on the Fourth of July in 2022 in Pensacola. It also came after years of legislative debate about potentially repealing the open-carry ban — a position supported this week by Gov. Ron DeSantis.

U.S. Supreme Court precedent shapes Florida gun rights decision

The Florida Supreme Court in 2015 upheld the constitutionality of the open-carry ban. But in Wednesday's opinion, Ray said a 2022 U.S. Supreme Court decision in a case known as New York State Rifle & Pistol Association v. Bruen governs the issue. That decision focused on looking at the "historical tradition" of firearms regulation.

Ray wrote that the Florida Supreme Court's decision, which stemmed from a 2012 arrest in St. Lucie County, "does not provide controlling precedent, and this court must evaluate McDaniels' claim under the (U.S.) Supreme Court's text, history, and tradition standard."

"Because the Second Amendment's plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution," Wednesday's opinion said. "The state therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition. The state has not met that burden. It is not enough to rely on a generalized tradition of firearms regulation, for at that level of abstraction almost any law could be sustained."

DeSantis pushes for open carry as law enforcement leaders resist

Florida has allowed people to carry concealed weapons for decades but has barred openly carrying firearms. DeSantis on Monday said he would renew a push for lawmakers to end the open-carry prohibition.

"We should be an open-carry state," DeSantis said during an appearance in Plant City.

But the issue has not made it through the Legislature in the past. For example, Senate President Ben Albritton, R-Wauchula, has pointed to opposition expressed by law-enforcement officers.

"Let me be clear about this, I've supported law enforcement my entire life. It's the way I was raised, and I've been super-consistent as a legislator to support law enforcement in Florida. And I'd encourage you to check that record," Albritton told reporters in November. "And I stand with them today in opposition (of allowing people to openly carry guns). They oppose it. I trust my law-enforcement officials, and that's where I stand."

Wednesday's opinion drew a distinction between allowing people to carry concealed weapons and openly carry guns. It said "open carry and concealed carry regulations may appear alike if the metric is simply 'manner of carry.' But under the proper metric — whether the regulation preserves the ability to bear arms as historically understood — they are not relevantly similar."

"The state has not shown that open carry and concealed carry were understood to be interchangeable," Ray wrote. "To the contrary, the historical record, including the very sources the state invokes, demonstrates that the two were regarded as distinct, and that open carry was the default mode of bearing arms that preserved the core of the Second Amendment right."

Gun owners in South Florida voice support

CBS News Miami spoke with gun owners at the Nexus Shooting range in Davie, who echoed the appeals court's sentiments.

Zach Small, a gun owner from Fort Lauderdale, said, "I think the open carry is fine. Persons in plenty of states I have it there have been a lot of people carrying. I don't see an issue with it personally."

Chris, a gun owner from North Miami Beach who did not want to give his last name, said, "We should have the right to openly carry. There shouldn't be any restrictions on guns except to make sure that you're mentally stable when you own one."

Chris added, "All these restrictions they do are unconstitutional. It's our right and they shouldn't try to take that away."

Critics warn of risks and fear in communities

State Sen. Shevrin Jones, D-Miami-Dade, pushed back against the ruling, saying existing laws already give Floridians broad rights.

"I respect the value of the 2nd Amendment and the rights of those who are law-abiding gun owners. Floridians already have a strong protection under existing laws including concealed carry and stand your ground," Jones said.

He added, "I absolutely disagree with the court's decision on open carry. I think it is reckless and I think it is unnecessary. Open carry has not been proven to make the community safer. It creates more confusion for law enforcement and fear in families of being in public spaces."

"The courts will have to come back and say what this ruling means," Jones said. "I think there are parts of this that will have to go through the legislature."