Florida Open Carry: Did You Know It’s Now Legal?

Florida’s Open Carry Law

Florida has long been a battleground in the fight to restore constitutional carry rights. In a landmark development, the state’s decades-old ban on open carry was struck down in 2025, ushering in a new era of expanded firearm freedoms. This change aligns Florida more closely with the nation’s historical tradition of an armed citizenry and reinforces the principle that law-abiding Americans should not be disarmed in public. 

Historical Context of Florida’s Open Carry Ban

For nearly 40 years, Florida Statute § 790.053 prohibited the open carry of firearms, classifying it as a second-degree misdemeanor. Enacted in 1987, the ban included narrow exceptions for activities like hunting, fishing, camping, and lawful self-defense in one’s home or business. Law enforcement, military personnel, and those at shooting ranges were also exempt. 

This restriction stood in contrast to Florida’s otherwise strong pro-Second Amendment stance. The state had already embraced permitless concealed carry (constitutional carry) in 2023 under Governor Ron DeSantis, allowing eligible adults to carry concealed without a permit or training requirement. Yet the open carry prohibition remained an outlier, limiting how citizens could exercise their rights visibly and deterring some from carrying altogether due to the risk of accidental exposure. 

Critics of the ban argued it violated the Second Amendment as interpreted by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022). Bruen requires gun regulations to be consistent with the nation’s historical tradition, rejecting interest-balancing tests. Florida’s blanket prohibition lacked such historical analogs for law-abiding citizens. 

The Landmark McDaniels Ruling

On September 10, 2025, the First District Court of Appeal delivered a decisive victory in McDaniels v. State. The court ruled that § 790.053’s open carry ban was unconstitutional under the Second Amendment. This decision invalidated the longstanding prohibition, emphasizing that open carry is a protected form of bearing arms. 

Florida Attorney General James Uthmeier promptly issued guidance declaring open carry “the law of the state” and directed law enforcement not to enforce the prior ban. The Florida Sheriffs Association followed suit, advising deputies statewide to respect the ruling. Although the appellate decision originated in the First District, its statewide application was affirmed through executive and law enforcement guidance, effective around September 25, 2025. 

This judicial action bypassed legislative gridlock, where previous attempts to repeal the ban had stalled. It represents a textbook application of post-Bruen jurisprudence, prioritizing constitutional text and history over modern policy preferences.

What the Law Now Allows

Law-abiding adults who can legally possess firearms may now openly carry handguns or long guns (rifles and shotguns) in most public places. This includes streets, parks, and many businesses unless prohibited by the property owner. No permit is required, consistent with Florida’s constitutional carry framework. 

The ruling extends practical freedoms: citizens no longer need to worry about a jacket slipping or a momentary glimpse leading to legal trouble. Open carry provides a visible deterrent against crime and allows for faster access in self-defense situations. It also normalizes responsible firearm ownership, reducing stigma and educating the public through everyday example. 

Importantly, this change complements Florida’s “Stand Your Ground” law, enhancing the ability of citizens to defend themselves without retreating. Combined with permitless carry, it creates a robust framework for self-reliance. 

Remaining Restrictions and Responsibilities

Open carry in Florida is not unlimited, preserving public safety while expanding rights. Prohibited locations include:

•  Schools, colleges, and universities (K-12 campuses, school buses, and events).

•  Courthouses, police stations, and certain government buildings.

•  Polling places and areas primarily devoted to alcohol service in restaurants/bars.

•  Federal “sensitive places” under existing law. 

Private property owners retain full rights to prohibit firearms on their premises. Businesses may post signs or verbally request individuals to leave, with trespassing charges possible for non-compliance. It remains illegal to brandish or exhibit a firearm in a rude, careless, angry, or threatening manner not in necessary self-defense. 

Convicted felons, those under domestic violence restraining orders, and other prohibited persons are still barred from possession. Responsible carriers should know the law, practice safe handling, and respect private property. Law enforcement continues to enforce valid restrictions. 

Recent related developments, such as court rulings expanding rights for 18-20 year olds to carry, further demonstrate Florida’s commitment to equal Second Amendment protections for young adults. 

Broader Implications and Pro-2A Perspective

Florida’s open carry reform is a significant win for gun rights advocates. It rejects the notion that visible firearms inherently threaten public safety and affirms that law-abiding citizens are the first line of defense. Crime rates in open carry states often show no negative correlation with the policy; instead, armed citizens deter predators. 

For Florida’s millions of gun owners, this means greater peace of mind and flexibility. Tourists and residents alike benefit from a state that trusts its people. Pro-2A groups like Gun Owners of America have celebrated the shift toward fewer restrictions. 

Challenges remain. Anti-gun activists and some Democrats have pushed futile control measures, such as assault weapon bans or magazine limits, which are unlikely to pass in a Republican-led legislature. Retailers and businesses must adapt policies, balancing customer rights with private property concerns. 

Legislative cleanup in 2026 could codify the ruling more explicitly, removing outdated statutes and addressing any lingering ambiguities. Florida lawmakers have an opportunity to lead by example, potentially inspiring other states with similar restrictions.

Key Timeline

•  September 10, 2025: The First District Court of Appeal ruled in McDaniels v. State that Florida’s longstanding ban on open carry (Florida Statute § 790.053, enacted in 1987) was unconstitutional under the Second Amendment. 

•  September 15, 2025: Florida Attorney General James Uthmeier issued guidance confirming the ruling and directing that open carry should be treated as lawful statewide. 

•  September 25, 2025: The decision took formal effect (typically 15 days after issuance for such rulings), and law enforcement agencies across Florida, including the Florida Sheriffs Association, ceased enforcing the prior ban in accordance with the ruling and AG guidance. 

Conclusion: Advancing Constitutional Carry

Florida’s embrace of open carry marks a return to foundational American principles. By striking down an unconstitutional ban, the courts have empowered responsible citizens and strengthened the right to keep and bear arms. As more states follow suit, the “Gunshine State” reinforces its reputation as a defender of liberty. 

Gun owners should continue educating themselves, training regularly, and engaging in advocacy. The fight for full Second Amendment restoration is ongoing, but Florida’s recent changes represent meaningful progress. Law-abiding Floridians can now carry openly with confidence, knowing their rights are upheld.