Everything You Need to Know About Florida Open Carry Laws
Florida gun laws on open carry changed significantly after a landmark 2025 court ruling. Here’s a quick breakdown:
| Question | Answer |
|---|---|
| Is open carry legal in Florida? | Yes, following a September 2025 court ruling |
| Who can open carry? | Any adult who can lawfully possess a firearm |
| Permit required? | No permit required |
| Minimum age? | 18 to possess; 21 to purchase from a licensed dealer |
| Where is it banned? | Schools, courthouses, bars, airports, polling places, and more |
| Can businesses ban it? | Yes — private property owners may prohibit firearms |
On September 10, 2025, Florida’s First District Court of Appeal struck down the state’s long-standing open carry ban, ruling it unconstitutional under the Second Amendment. That single decision rewrote the rules for millions of Florida gun owners almost overnight.
Whether you own firearms for self-defense, sport, or as part of a collection you’re looking to sell, understanding where you can legally carry — and where you absolutely cannot — is essential.
This guide breaks it all down in plain language.
The Landmark Court Ruling on Florida Gun Laws Open Carry
For decades, carrying a handgun visibly in public was a quick way to land a second-degree misdemeanor charge in the Sunshine State. Under the historical text of Chapter 790 Section 053 – 2022 Florida Statutes – The Florida Senate , open carry was strictly prohibited except in highly narrow circumstances, such as while actively fishing, camping, or target shooting.
However, the legal landscape shifted dramatically. In the landmark case McDaniels v. State, the First District Court of Appeal struck down Florida’s open carry ban. The court ruled that the statutory ban under Section 790.053 violated the Second Amendment of the United States Constitution.
Applying the historical standards established by the U.S. Supreme Court in Bruen and Rahimi, the appellate court concluded that “open carry was the default mode of bearing arms” during the founding era. The case itself involved a law-abiding citizen who carried a sidearm in an uncovered, visible holster tucked into his waistband. Because his actions were peaceful and non-threatening, the court determined that criminalizing his behavior was unconstitutional.
Shortly after the ruling, the Florida Attorney General issued an official To: Florida’s Law Enforcement Agencies and Prosecuting Authorities From: Florida Attorney General Re: Date: September 15, 2025 We write to provide guidance on an important development last week in Florida’s appellate courts affecting the right to bear arms. In McDaniels v. State, the First District Court of Appeal struck down Florida’s ban on open carry (Section 790.053, Florida Statutes), finding that “law-abiding, adult citizens” have a right to carry “firearm[s] openly in public” under the Second Amendment. Op. 1. The court’s decision is attached. carried a sidearm in a holster tucked in his pants, but the gun was uncovered and visible. Op. 2. Importantly, he was a law-abiding citizen and did not “threaten[]” or otherwise menace “anyone” with the gun. His actions were peaceful and orderly. Id. When authorities charged him with violating Section 790.053, he moved to dis miss, asserting that the law is incompatible with the Second Amendment. The trial court rejected that argument, but the First District reversed. It held that Section 790.053 violates the Second Rahimi, 602 U.S. 681 (2024) because it is inconsistent with the “Nation’s historical tradition of firearm regulation.” Op. 11-12. The court concluded that “open carry was the default mode of bearing arms” during the relevant founding period. Op. 16. decision correctly applied Second Amendment law as enunciated in Bruen. Because no other appellate court has considered the constitutionality of Section 790.053 un and Rahimi, the First District’s decision is binding on all Florida’s trial courts. Pardo v. State, 596 So. 2d 665, 666 (Fla. 1992). decision is now the law of the State.1 Because no Florida court will any longer be empowered to convict a . This memorandum instructed all state prosecutors and law enforcement agencies to immediately cease enforcement of the open carry ban. Because no other state appellate court has contradicted this ruling, the First District’s decision became binding statewide precedent for all Florida trial courts.
This historic transition triggered a wave of updates across local municipalities, from Jacksonville and Tallahassee to Tampa, Orlando, and Miami, as agencies adapted to the reality of florida gun laws open carry protections.
Who Can Legally Open Carry in the Sunshine State?
With the ban lifted, the default rule in Florida is that any law-abiding adult who can lawfully possess a firearm under state and federal law may carry it openly in public. You do not need a concealed weapon license, nor do you need to register the firearm with the state.
However, “lawful possession” is the critical phrase here. The ruling did not grant a free pass to individuals who are legally disqualified from owning weapons. If you are barred from possessing a gun, carrying one openly remains a serious crime.
For those looking to acquire a firearm or downsize their collection under these updated rules, understanding the local marketplace is key. If you are looking to navigate the transition safely, we recommend reading our guide on legally selling a firearm in Florida to ensure every transaction remains fully compliant with federal and state regulations.
Eligibility Requirements Under Florida Gun Laws Open Carry
To legally open carry in Florida, you must meet the basic eligibility criteria for firearm possession. The state automatically disqualifies several categories of individuals from carrying or possessing firearms, including:
- Convicted Felons: Anyone convicted of a felony in Florida, or an out-of-state crime that would be classified as a felony in Florida, unless their civil rights and firearm rights have been formally restored.
- Domestic Violence Convictions: Individuals convicted of misdemeanor domestic violence offenses.
- Restraining Orders: Anyone currently subject to an active injunction or restraining order for domestic violence or repeat violence.
- Mental Incompetence: Individuals who have been adjudicated mentally incompetent or committed to a mental institution.
- Substance Abuse: Chronic and habitual drug users or individuals with multiple recent alcohol-related offenses.
Age Restrictions and Florida Gun Laws Open Carry
Age limits under Florida law can be slightly confusing because they distinguish between purchasing a firearm and possessing or carrying one:
- Buying from a Dealer (Age 21): Under Florida law, you must be at least 21 years old to purchase any firearm—whether it is a handgun, rifle, or shotgun—from a licensed retail dealer (FFL).
- Possession and Carrying (Age 18): Generally, individuals who are 18 years of age or older may lawfully possess and carry a firearm (such as a long gun, or a handgun under specific legal transport conditions). However, to openly carry a handgun in public spaces under the new legal framework, you must be a law-abiding adult who can lawfully possess the firearm.
Restricted Locations and Vehicle Carry Rules
While the court ruling opened up public streets, sidewalks, and parks to open carry, it did not create an absolute free-for-all. Florida law still strictly regulates where you can carry. Under Chapter 790 Section 053 – 2025 Florida Statutes – The Florida Senate and related statutes, there are 18 specific locations where firearms remain entirely prohibited, regardless of whether you are carrying openly or concealed.
These prohibited locations include:
- Any school property, including K-12 campuses, school buses, and school-sponsored events.
- Colleges and university campuses.
- Courthouses and courtroom facilities.
- Police, sheriff, or highway patrol stations.
- Polling places on election days.
- Any meeting of a governing body of a county, public school district, municipality, or special district.
- Any meeting of the State Legislature or a legislative committee.
- Portions of establishments primarily devoted to the sale and consumption of alcohol (such as the bar area of a restaurant).
- Airport passenger terminals and sterile areas beyond security checkpoints.
- Career centers and professional training facilities.
- Detention facilities, jails, and prisons.
- Any place prohibited by federal law.
For a detailed look at the statutory exceptions and historic context of these bans, you can review the original wording in Statutes & Constitution :View Statutes : Online Sunshine .
Carrying Firearms in Vehicles
If you are traveling through cities like Clearwater, Tampa, Orlando, or Fort Lauderdale, you must know the rules for transporting your firearms in a private vehicle.
Under Chapter 790 Section 25 – 2025 Florida Statutes – The Florida Senate , any individual 18 years of age or older who is in lawful possession of a handgun may transport it inside a private conveyance (such as a car or truck) without a permit, provided the firearm is securely encased or is otherwise not readily accessible for immediate use.
“Securely encased” means the firearm is in a glove compartment (whether locked or unlocked), a holstered container, a snapped gun case, or a zippered gear bag. You cannot simply leave a handgun sitting loose on your passenger seat or dashboard unless you are actively transitioning to or from a lawful open carry scenario outside the vehicle.
Private Property Rights and Business Regulations
One of the most common points of confusion surrounding florida gun laws open carry is how the ruling impacts local businesses. Many store owners in busy commercial hubs like Miami, St. Petersburg, and Naples wonder if they are forced to allow armed customers through their doors.
The simple answer is no. The appellate court ruling only limits government restrictions on public property. Private property owners, including retail stores, restaurants, offices, and private residences, retain the absolute right to set their own rules regarding firearms.
If a business owner does not want firearms on their premises, they have the legal right to prohibit them.
Signage and Armed Trespass
To prohibit firearms, business owners should post clear, conspicuous signage at all public entrances stating “No Firearms Allowed” or “No Weapons Permitted.”
If a customer ignores this policy and enters the property while openly carrying a firearm, the business owner or staff can ask them to leave or disarm. If the individual refuses to comply, they can be charged with armed trespass, which is classified as a third-degree felony under Florida law.
The “Bring Your Guns to Work” Law
While business owners can ban firearms inside their buildings, Florida’s “Bring Your Guns to Work” statute (found in Section 790.25) creates a major exception for employee parking lots.
Employers generally cannot prohibit employees from keeping a legally owned firearm locked inside their private vehicle while parked in an employee lot. Furthermore, employers are prohibited from searching employee vehicles for firearms or asking employees if they have a weapon stored in their car, provided the firearm is kept out of sight and locked securely.
If you are a gun owner looking to navigate these property laws while adjusting your collection, check out our guide on selling guns privately in Florida to ensure your transactions on private property remain fully legal.
Law Enforcement Guidance and Public Interactions
Following the court ruling, major law enforcement bodies—including the Jacksonville Sheriff’s Office (JSO) and the Florida Attorney General’s office—issued updated operational guidance to their officers.
According to the Information About Open Carry in Florida resource, officers will not stop or detain an individual solely because they are openly carrying a firearm in a peaceful manner. Simply carrying a visible sidearm does not constitute “reasonable suspicion” of a crime.
However, police will actively respond and intervene if a person exhibits a firearm in a rude, careless, angry, or threatening manner. This behavior remains a crime under Florida law (often charged as improper exhibition of a weapon).
Tips for Interacting with Officers While Carrying
If you are openly carrying a firearm and find yourself interacting with law enforcement—such as during a traffic stop in Tallahassee or Fort Lauderdale—here are the best practices to keep the encounter safe and professional:
- Keep Your Hands Visible: Always keep your hands on the steering wheel during a traffic stop, or clearly visible at your sides if you are on foot.
- Announce Your Firearm: Calmly inform the officer immediately that you are carrying a firearm and state its location (e.g., “Officer, I want to let you know I am openly carrying a firearm on my right hip”).
- Do Not Reach for the Gun: Never reach toward your firearm, holster, or pockets unless specifically instructed to do so by the officer.
- Follow Instructions: Let the officer guide the interaction. If they request to temporarily secure the weapon for safety during the stop, cooperate fully.
For further details on how permitless carrying and open carry overlap during police encounters, you can review the www.jaxsheriff.org – Permitless Carry in Florida portal.
Frequently Asked Questions About Florida Open Carry
Can businesses prohibit open carry on their premises?
Yes. Private property owners and businesses have the absolute right to ban firearms on their property. If you refuse to leave or disarm after being asked by a property owner, you can be arrested and charged with armed trespass, which is a third-degree felony.
What areas remain strictly off-limits for open carry?
Even with the open carry ban lifted, firearms are strictly prohibited in schools (K-12 and universities), courthouses, police stations, polling places, government meetings, airport terminals, and areas of businesses primarily dedicated to serving alcohol (like bars).
Do I need a permit to openly carry a firearm in Florida?
No. Following the McDaniels v. State ruling and Florida’s broader permitless carry laws, law-abiding adults who can legally possess a firearm do not need a permit or license to carry openly in permitted public spaces.
Conclusion
The legal landscape surrounding florida gun laws open carry has undergone its most significant evolution in decades. While the courts have restored the constitutional right of law-abiding citizens to openly carry firearms in public, carrying responsibly requires a deep understanding of remaining local restrictions, vehicle transport rules, and private property rights.
If you are a gun owner in Clearwater, Tampa, Orlando, Miami, Jacksonville, or any of our other service areas across Florida, keeping up with these laws is critical. If you are looking to buy or sell firearms in this rapidly shifting market, working with a trusted, fully compliant partner makes all the difference.
At Accurate Gun Auctions, we run a premier online firearms auction platform that helps gun owners sell firearms to a nationwide buyer base. We handle all of the complex compliance work, marketing, and legal transfers to ensure you get maximum value for your firearms without any of the legal headaches.
To learn more about navigating Florida’s gun regulations, check out our comprehensive Florida Gun Laws Guide and discover how we make selling your firearms safe, legal, and profitable.
