[music] On July 4th, 2022, Stanley McDaniels, a candidate for local office, stood at a major intersection in downtown Pensacola, Florida, holding a copy of the US Constitution in one hand and waving to passing vehicles with the other. Mr. McDaniels also had a loaded handgun tucked into an inside the waistband holster that was plainly visible to anyone who passed by. Several hours later, officers with the Pensacola Police Department arrived at the scene, and the interaction that followed was captured on Officer Martinez's body camera. >> Oh, somebody called, that's fine. >> Yeah. >> Yeah. People want to complain. >> Yeah. >> You make people make people nervous. >> Sure. >> Yeah. >> Yeah, that's understandable. >> Is that an actual firearm, sir? I >> I don't answer questions. >> Okay. You do know that there's no open carry in the state of Florida, right? Okay. If you guys need to do something, that's what you got to do. >> Unless you're hunting, fishing, or coming to from that in the state of Florida, we do not have that. >> Okay. >> I know he's a first amendment auditor. >> I'll be there. So, you know, if you guys need to do your job today, um you know, then you need to do your job. So, uh, I'm I'm not going to hold that against you guys personally, but you know, the history is full of people that have just done their jobs. >> Okay. Do you have a concealed carry permit? >> I I've already >> We are live. >> That's fine. >> I'm running for county commissioner in district 4. >> Where's that at? I don't know. >> East Pensacola and Pensacola Beach. So, I I do my my district's actually it kind of ends right there at the Veterans Memorial Park where I'm really hoping we can get a bathroom put in down there cuz the city of Pensacola Well, after 53 weeks of having a diff a temporary bathroom, they still haven't finalized everything. And so are you veteran? >> I am not, but my dad is. Uh, you know, and growing up here, I've served veterans my whole life here in Pensacola because it's the customers that my business has uh, you know, served. So, >> yeah, I know that that temporary trailer, they're doing away with that because they don't want a temporary trailer there for the bathrooms. >> Yeah. Yeah. It's just, you know, Elon Musk talked about 18 months to get a gigafactory built in Austin, right outside of Austin. And after 53 weeks, they still don't have bathroom plans, a simple bathroom plan. I'm a construction professional, so it shouldn't take so long to get things together, you know, especially for our veterans. We spent a lot of money on that park. I think we need to put a bathroom in there. >> Me and May are both veterans. >> Well, thank you. Thank you for your service. I I've really enjoyed living free. I assume you don't live you live in the area that you're >> Yes, I do. I live on the north end of this of my district, but uh yeah, live on the north end. >> Are you down here? >> I am. Had a friend stop by earlier. Saw on Facebook conversation. You like >> your shirt been tucked in all day? >> Yes, it has. He still has his weapon. >> Well, uh storage is making a phone call. >> Okay. Uh, I want to go I want to see his plate. >> It's not breaking his plate. >> My first time had his first time in my shirt >> since having my concealed weapons permit. >> How long you been out here? >> Since 9:00 a.m. >> Wow. >> Make sure it's been sucked in the whole entire time. >> The whole entire time. >> Since 9:00 a.m. Okay. Well, that piece briefly displayed. That's not briefly displayed. That's for your camera as well. >> Do what? >> It's for your I'm just I'm auditori. >> Okay. I don't have no idea what you just said, but that's okay. >> That's fine. >> He's saying that >> the law states that you can only briefly display your firearm. >> Okay. >> Yep. >> It's time to challenge all these unjust laws. >> That's going to be with you, >> uh, Florida State Senate. Okay. >> No. No. Have you petitioned? Petitions what? >> Trying to get the law changed if you disagree with it. >> I have this this right here. >> Have you guys read this before? >> Yeah. The US Constitution. We know what that is. We're very aware of that. >> All right. >> But then there's also understand that's federal. Then every state has its own state statutes as well. State laws as well as state constitutions. >> It says right here, shall not be infringed. >> Absolutely. Shall not be infringed. We understand that. But understand that Florida state law also has its own laws. >> Infringement. >> No, it's not. >> Okay. If you insist. >> So, let me insist. If you and just just answer here, if you disagree with Florida laws, why did you go through the process of getting one of these? >> Uh because I at the time I did want to comply, you know, but things are changing, you know. uh our Supreme Court is is uh making some very great decisions and you know it's time that we start uh being the change we want to see. Mr. McDaniels explains that he is open carrying his firearm despite being aware that it is illegal under Florida law because he believes the law is unconstitutional and that it is time to challenge it based on a recent Supreme Court decision. At the time of this encounter, Florida was one of the few states that prohibited the open carrying of firearms. Section 790.053 of the Florida statutes, which codifies Florida's open carry ban, makes it a secondderee misdemeanor for an individual to openly carry a firearm on their person with narrow exceptions for activities such as hunting, fishing, or other specified lawful purposes. While Florida law does allow licensed individuals to carry a concealed firearm, the statute only permits the open display of a concealed firearm for a brief period of time. Against that legal backdrop, Mr. McDaniels's reference to a recent Supreme Court decision is likely the case of New York State Rifle and Pistol Association, Inc. v. Brun, which was decided on June 23rd, 2022, just a few weeks before Mr. McDaniels decided to open carry his firearm. In the Brewan case, the Supreme Court held that the Second Amendment protects an ordinary law-abiding citizen's right to carry a handgun in public for self-defense and that restrictions on that right are constitutional only if the government can justify them by showing they are consistent with the nation's historical tradition of firearm regulation. This decision significantly strengthens Second Amendment protections by narrowing the circumstances in which governments can restrict public carry, which is likely why Mr. McDaniels felt the time was right to challenge Florida's open carry ban. Now that the holiday season is over, I've noticed something about my spending. Every time I think I've got a good handle on it, a random charge pops up from a subscription I forgot about or I realize I've been slowly bleeding money on little things that never show up in my mental budget. And if you're anything like me, logging into five different accounts and trying to piece it all together is the point where you just stop doing it. That's where today's sponsor, Rocket Money, comes in. Rocket Money is an app that puts all of your finances in one place so you can actually see what's going on with your money instead of guessing. 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[music] You can try RocketMoney for free by scanning the QR code on screen or heading to rocketmoney.com/ [music] audit through the link in the description. To save more and spend less, join the over 10 million members by heading to rocketmoney.com/ audit. Thanks again to rocketmoney for sponsoring today's episode. >> So, can I ask you what is the definition to you what infringement means? >> Um, you know, if if if you guys need to do it, if you guys have a job to do, then you have a job to do. >> Absolutely. you know. >> No, but you asked me if we've been friends. I was just wondering what your definition. >> I support you guys 100%. >> Thank you. >> I'm not here to, you know, but if you guys need to do a job that I disagree with, then that's the job you guys have to do. I'm not here to be violent with you guys in any way. >> Well, Stanley, here here's my thing. One way you would bring the law is getting arrested is the right way to go by or maybe petitioning your congressman your your state >> if I if I need to take a case to the Supreme Court that that is that is definitely a a way to change the law by going to the Supreme Court. So, you know, if you guys feel like there's something you need to know, >> I'm going to do that without being in front. >> If you guys feel like you need to do your job over following this constitution that says shall not be infringed, >> then I I understand that completely. >> So, what is your definition of is right with those that have just done their job. >> You understand that the issue here is not that you have a firearm. >> Okay? >> It's not. It's that you're improperly displaying the firearm. Okay? That that's it. All right. So, it's not that we're infringing the fact that you have the right to bear arms. It's that it's a a proper way of actually doing it. >> I'm here to argue the law with you. I'm telling you, in my book right here, it says shall not be infringed. And this constitution matters. So, if you guys need to do your job, I will respect that. Okay. Officer Martinez argues that Florida's open carry ban does not infringe on the right to bear arms because it does not prohibit public carry outright, but instead restricts the way in which firearms may be carried. That framing tracks the Florida Supreme Court's reasoning in the 2017 case of Norman v. State, which upheld the constitutionality of the state's open carry ban. In the Norman case, the court concluded that the statute did not eliminate armed self-defense in public altogether because it prohibited open carry while still allowing licensed individuals to carry concealed firearms subject to the state's licensing scheme and specified statutory exceptions. Put simply, the Norman case treated the open carry ban as a rule about how guns may be born in public and relying on the relevant Supreme Court Second Amendment cases at the time held that this approach reasonably fit the state's public safety objectives. Accordingly, while Officer Martinez's argument aligned with the relevant Florida case law, it is important to understand that the Norman case was decided before the Supreme Court changed the test for evaluating Second Amendment challenges in the Breuan case. Just understand that in the constitution also allows states to have their own laws and govern theirs as well. That's why every state has >> number two. >> That's why they have their own constitution >> be infringed. >> Okay. Again, now state I agree with the states rights. We have a lot of different conversations we need to begin to have because they're giving the states back a lot of rights, but this is not one of them. >> I understand. So, what's your goal here today? >> If you guys need to do your job, I'm just waving at people. I I don't have a goal. >> So being on Facebook live and waving, that's that's your goal for today. Just out of curiosity. So >> I'm running my campaign. >> Okay. And what's your slogan? What you what you like again, what's this whole message that you're trying to tell people? >> I'm just down here being free today on the 4th of July. >> Okay. That's good. I'm glad. >> You know, my name's McDaniels >> and I'm also Martinez. >> That Irish has been fighting for freedom for thousands of years, >> just like every other race has. >> Yeah. Well, you know, I've got all kinds of of uh different, you know, my family has assimilated over the years. I've got anything from Polish Jew to uh Cherokee to my knowledge. So, you know, I'm I'm an American. >> Absolutely. >> And I'm here exercising my rights. >> I appreciate the good the job you guys do. I know. >> And we and we enjoy that you try and enjoy your freedom. Absolutely. >> On on today of all days, >> July 4th. Absolutely, sir. >> Yes. >> It's a great day. Great day to be free. >> A great day to be free. >> If if I if I can't be free before the end of the day, then you know that's that's a terrible thing. So >> yeah. Well, we don't want to come to that though. But unfortunately, laws are put in place >> for a reason. >> Yeah. And people been following the law far too long. >> That's Isn't that what you're supposed to be doing? >> In some instances, is there a victim? Can you produce a victim? >> Produce a victim. >> Is there a victim? >> This is in our presence. >> Okay. Where's the victim? >> The victim would be the city of Pensacola, such as in the presence of law enforcement. >> How am I How am I victimizing the city? >> Understand that when it happens and if a crime occurs in law enforcement presence, they can take action. Law enforcement can take action. Yes, sir. >> How you going, sir? >> Hey, >> thank you. >> Yes, sir. >> Same to you. >> Yes, sir. So, I >> Okay. What's your name again? >> Yeah. Sergeant Giggly. Giggliotti and your badge number 58. >> 67 67. >> What's the 58? >> They don't they don't put the uh new numbers on all the bad. >> Okay. >> Yep. Uh but it's 67. Um 80 96. So I understand don't want to discuss anything. I get that. But just for sake of us having a conversation, what what's your goal here? just trying to educate folks on Constitution. Like what are we looking to do? >> I'm just waving at my constituents today. >> Okay. And honestly, is your intent to try to have officers come out here just, you know, I've been out here since 9:00 a.m. It's 10il 3 now. Um, you know, I I have no intention of harming any of our law enforcement officers. If you guys feel like you need to do a job that you've been told to do, then by all means, I'm not here to become violent with you. Um, okay. Uh, I I support you guys 100%. And in what you need to do, but I'm here today telling you that right here it says shall not be infringed. Did you need to read that? >> Sure. You don't mind? >> Yeah. Come on. And I realize people are are are comfortable with not seeing something that some folks deem as a problem, but I don't see it as a problem. So if if you feel like you need to deviate from from this right here shall not be infringed shall not be infringed. If you guys feel you need to deviate from that and enforce an unlawful order then please by all means tell me and you know you know you guys can handle whatever whatever it is you need to handle. >> Yes. And I appreciate >> I've had my I've had my gun taken from me before by the Pensacola Police Department and I wasn't very happy about it. then. Okay. And so if if the four of you need to enforce an unjust law, then I I guess I'll have to have a public defender try and get it to the Supreme Court. I think Clarence Thomas is ready to hear my case. Okay, fantastic. Um Okay, so what what we're going to do is we are going to take Okay. >> Okay. How what is my what is my how can I get that back? >> Yep. You can go through our procedures. He's going to grab your gun from you. Okay. You're not you're not being arrested. Run a criminal history on him. >> 175. >> Okay. So, you've now taken my gun from me and you're going to run the serial numbers on a gun that I bought from Mike. >> There is a great You should visit them. They're on Highway 29. I bought that gun used from them years ago. 40 caliber Beretta >> with hollow points. There is one in the chamber, sir. >> That's fine. >> The officers confiscate Mr. McDaniels' gun and search the serial number. As the Supreme Court explained in the 1990 case of Horton v. California, officers may seize evidence of a crime that is in plain view when they are in a lawful vantage point and when they have lawful access to the item. Therefore, because Mr. McDaniels was violating the open carry ban in public and the firearm was plainly visible on his person. A court would likely hold that the officers were within their authority to seize his firearm as evidence of that crime. Additionally, the 11th Circuit Court of Appeals, which has jurisdiction over Florida held in the 2018 case of United States v. Kendricks that when an officer has lawful possession of a firearm, the subsequent inquiry into its serial number is not a so-called search under the Fourth Amendment. Consequently, a court would likely conclude that the call to run the serial number did not result in any additional invasion into Mr. McDaniels's privacy interests and accordingly did not violate the Fourth Amendment. >> Under carried is not concealed. It is clearly visible and so visible by someone driving by that they can clearly see it was fire. >> Yes. Yeah. >> Which and and I get where you're coming from. >> I've had people walk by me. I've had conversations with pedestrians. Just let me know what the results of that are. Sure it's going to come back. Go >> ahead. >> There. We're still on. >> Yes, I do have a criminal history. >> Send all that paperwork. My license. >> Got the FBI background check, fingerprints, all that. I I get that. >> Yeah, >> I get it. And I respect our process. >> Yeah. >> But the state of Florida. >> Okay. If if you like I said, if you guys feel there's a job you've got to do, >> then by all means, um I'm sorry for you, but you know, here it is. It says clearly shall not be infringed. >> Yes, sir. You're exactly correct. That's exactly what that says. >> And I'm staying out here all night. No, just till 5 was my plan and then uh you know my my kids are coming down. We're going to watch the fireworks is the plan anyways. >> All right, sir. So, we are going to be doing a warrant for your arrest. Okay. We're not going to arrest you. We're not going to make a physical arrest today. >> So, you're you're going to put a warrant out for my arrest? Yep. >> For open carry. We're going to write we're going to write a warrant and we're going to send it to a judge. If a judge agrees that you committed a crime, state of Florida, then the judge will issue you a warrant for your arrest. If that happens, more than likely a detective will be calling you or contacting you. Have you f your phone number yet? Or do you care to say that again? Your phone number? Um I I don't want to write that down. Yeah, absolutely. And and they'll typically they'll just call and say, "Hey, you got a warrant active." >> So you're going to leave it in the judge's hand on whether or not I get arrested. >> Yes, sir. >> Okay. Absolutely. Do you know what judge that'll be? We don't. It's whatever duty judge it lands on. >> Okay. So, we don't we don't know who that who that is. And sometimes the duty judge doesn't even necessarily sign it. It might be busy and have some other judge. >> But if if they sign it or decline it, their name will be on it. So, whoever that ends up being, the name will be there. That'll be a mystery. Cool. Is that fair? I I don't think so. But, you know, I understand. I understand. I I understand you guys. I understand that process. >> Yes, sir. >> Okay. Well, uh I can get you a card if you like. Have no problem with that. And if you have any questions, you're welcome to reach out. So, we won't know when I'll have a court date. When do I get my gun back? Well, it'll depend if if you're charged here, you'll have to go through the proceedings, but if you want to just contact the Pensacola Police Department property management, they can give you better answer on that. But it won't. >> So, you're confiscating my gun today? >> Yes, sir. Absolutely. >> Yep. >> Cuz it's evidence for a stat. >> You uh you won't be able to get it back today? It's going to be turned in today. >> I can't get my gun back today. >> That's correct, sir. >> Good thing I have warrant. >> Yeah, that's fine. That's fine. >> That's your second memory. >> That is absolutely. And I have no problem with that. You You are legally allowed to to purchase and possess a firearm. You just can't open here. >> Okay. >> I get what you're doing here. Okay. I really do. But these are the laws that we've been signed up over. Let me adhere these are the laws you took an oath to. Did you not? >> Yes, sir. >> Did you not sir? Sir, we understand and that's what we are trying to do. But there's there's ways of doing things is what my trying to tell you. Okay. Let >> me get you a car. I'm tired of waiting on the world to change. >> And I get it, sir. I get it. If you want to provide your phone number for her, more than likely an officer detective will reach out to you and let you know if the warrant even becomes active. Okay. >> All right, sir. Welcome to reach out if you have any other questions. Okay. >> All right. >> Be looking for that phone call. >> Absolutely, sir. Thanks, guys. >> You have a great day. Okay. >> Y'all do the same. Happy 4th. >> Officers later obtained a warrant for Mr. McDaniels's arrest for violating the open carry ban. And on July 10th, 2022, he turned himself in after learning about the warrant from the police by phone. Before trial, Mr. McDaniels moved to dismiss the charge and asked for the open carry ban to be declared unconstitutional under the Second Amendment. After a hearing, the trial court denied his motion, but it quote unquote certified the question of whether the open carry ban violated the Second Amendment to the First District Court of Appeal of Florida. Under section 34.07 07 of the Florida statutes, a county court may quote unquote certify or ask a district court of appeal to determine the answer to a legal question that may have statewide application and is of great public importance. On January 26th, 2023, Mr. McDaniels was convicted of violating the open carry ban and sentenced to probation and community service. However, the trial court stayed the sentence while the appeal proceeded on the certified constitutional question. On September 10th, 2025, the first district court of appeal issued an opinion declaring the open carry ban to be unconstitutional because there was no historical tradition supporting such a broad prohibition on the right to carry firearms openly. The court also reversed Mr. McDaniels's conviction and vacated his sentence. Following the decision, Florida Attorney General James Umeer announced that he would not appeal the first district's decision and instructed law enforcement statewide to stop prosecuting open carry cases. The deadline for filing an appeal elapsed on September 25th, 2025, making the decision take practical effect statewide. So overall, Officer Martinez and the other responding officers get an A for enforcing the open carry ban as it existed at the time rather than making ad hoc constitutional judgments in the field, maintaining a professional and non-escalatory approach with a cooperative subject and exercising restraint by avoiding force and choosing a measured process-driven path instead of an onseen custodial arrest. Officers are not meant to decide which laws are valid and which laws are unconstitutional because that kind of discretionary enforcement would turn constitutional rights into something that varies from officer to officer and encounter to encounter rather than something defined by courts and applied consistently. Here the officers treated the visible firearm as evidence of the violation, handled the seizure and documentation in a controlled manner and kept the encounter focused on compliance and safety instead of escalation. Just as importantly, they treated Mr. McDaniels respectfully, communicated clearly about what the law required at the time, and made a genuine effort to engage in meaningful dialogue about his position without letting the conversation devolve into confrontation. Even though the open carry ban was later found unconstitutional, the officer's role at the time was to apply the law that was still in effect and allow the constitutional dispute to be resolved through the judicial process, not to attempt to preempt that process with their own interpretations. This interaction highlights the value of professional restraint, respectful communication, and consistent enforcement when a citizen deliberately violates a statute to set up a constitutional challenge. Mr. McDaniels also gets an A for engaging in disciplined civil disobedience aimed at creating a clean constitutional test case, remaining respectful and non-resistant throughout his contact with law enforcement, and demonstrating a serious, informed understanding of the legal issue he was trying to bring before the courts. This is an unusual situation and I want to be clear that I almost never condone violating the law even when an individual believes the law is unconstitutional because there are usually safer and more responsible ways to pursue change. Here, however, Mr. McDaniels approached civil disobedience with unusual discipline and restraint, keeping the encounter peaceful and focused on a clear constitutional challenge rather than escalation. He openly acknowledged what he was doing and why he was doing it. He did not threaten anyone and he did not turn the encounter into a standoff or a spectacle when officers arrived. As discussed earlier, section 790.053 of the Florida statutes made openly carrying a firearm a secondderee misdemeanor at the time. So, Mr. McDaniels knowingly accepted the legal risk in order to test the law in light of a new Supreme Court decision. And because he kept his conduct measured and cooperative, the legal question stayed front and center, which is exactly what civil disobedience is supposed to accomplish when it's used responsibly, creating a clear record for judicial review without unnecessary escalation or danger. I commend Mr. McDaniels for pairing his challenge to the law with restraint, cooperation, and a focus on the legal process rather than confrontation. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out Audit the Court if you're interested in exploring the legal nuance beyond the body cam. >> [music]