How to Open Carry in Florida

How to Open Carry in Florida

How to Open Carry in Florida: What You and Law Enforcement Need to Know

Key Takeaways

• As of September 10, 2025, Florida’s First District Court of Appeal (1st DCA) in McDaniels v. State declared Florida Statute § 790.053 (which banned open carry of firearms) unconstitutional under the Second Amendment.

• Following that decision, the State Attorney General issued guidance that open carry is now legally enforceable (i.e. must not be punished) statewide in trial courts. To ensure that this is understood correctly. We are saying and the Attorney General said that open carry is enforceable which means the prior ban on open carry is unenforceable.

• However, there is a 15‑day window from the date of the decision (September 10) during which certain appeals may be filed; some law enforcement agencies have stated they will wait until after that window closes (i.e. until September 26, 2025) before fully recognizing and enforcing the decision.  The Attorney General’s Office has issued assurances that no appeal or requests for rehearing will be filed.

Legal Background & the McDaniels Decision

• McDaniels v. State is the case in which Stanley Victor McDaniels challenged his 2022 conviction under the ban when he openly carried a holstered firearm while demonstrating in Pensacola.

• The 1st DCA held that Florida’s blanket prohibition on open carry failed the U.S. Supreme Court’s standard under Bruen (2022) regarding historical tradition and whether a law is consistent with that tradition.

• The court concluded that open carry is constitutionally protected for “law‑abiding, adult citizens” and that the state did not meet the burden to show the ban was historically justified.

How to Open Carry in Florida: What is Now Legal & What Remains Restricted

Even though the open carry prohibition has been overturned, several areas remain subject to limitations. Here are what are allowed vs. what is still restricted or can be prohibited under other laws or by private property owners:

What is Allowed:

• Open carry of a firearm (holstered or not) by law‑abiding adults in public, generally speaking.

• Law enforcement is being advised (by the AG) not to arrest or prosecute people solely for open carry under § 790.053.

• The restrictions on receiving a CWFL or being able to lawfully carry under permitless concealed carry do not apply to open carry, therefore all of the below is now lawful:
  • Open carry of a firearm by a person who has had adjudication withheld on a felony even though 3 years has not passed since the completion of all terms of probation. (Carrying while on probation remains prohibited).
  • Open carry of a firearm by a person who has had adjudication withheld on a misdemeanor charge of domestic violence even though 3 years has not passed since the completion of all terms of probation (Carrying while on probation remains prohibited).
  • Open carry of a firearm by a person who is under 21 years of age, but at least 18 years of age.
• Further, the restrictions found in Florida Statute 790.06 (12) only apply to those carrying pursuant to a CWFL or pursuant to lawful permitless concealed carry.  It does not appear to us that the plain meaning of the words used in the statute apply when exercising your right to open carry.  HOWEVER, other Florida Statutes may make some of these places still off limits.  Further, we implore those carrying under Open Carry to avoid carrying into the previously prohibited locations as this will certainly meet with a negative reaction from law enforcement and you may become the test case.  Finally, if people attempt to open carry into the places prohibited under Florida Statute 790.06(12) a negative reaction from the legislature will likely follow, meaning further restrictions on our 2nd Amendment Rights.

What is Still Restricted or Prohibited:

• Carry (open or concealed) in certain sensitive locations, where specifically prohibited by Florida law.

• Private businesses and property owners retain the right to ban open (or concealed) firearms on their premises. If a person carrying a firearm is asked to leave, they must comply. Refusing could lead to trespass or other legal consequences.

• The ruling does not necessarily affect other statutes that regulate firearms (e.g. concealed carry, mental health restrictions, etc.)

Guidance for Those Seeking to Open Carry in Florida

If you are considering open carrying a firearm in Florida, here are best practices and things you should do / be aware of:

What to Watch Going Forward

• Beginning September 26, 2025 the ruling of the 1st DCA controls statewide.

• Whether the legislature may pass new laws to regulate open carry in ways consistent with the Bruen standard (i.e. regulations that are consistent with historical tradition). Possibly in the 2026 session.

• How different law enforcement agencies will respond. Some are acting immediately, others are cautious. Differences between counties may matter.

FAQs – How to Open Carry in Florida

Is open carry now fully legal in Florida?
Yes — as of the 1st DCA’s decision on September 10, 2025, the ban on open carry (statute 790.053) has been struck down as unconstitutional.  But note: some law enforcement agencies are waiting until after September 26, the end of the 15‑day window before the ruling becomes final, before treating it as effective in their jurisdictions.

What law was struck down?
Florida Statute § 790.053, which prohibited open carry (visible firearms carried in public), was declared unconstitutional by the First District Court of Appeal in McDaniels v. State.

Do I need a permit to open carry?
The decision does not create a requirement for a new permit specifically for open carry — the ban is removed. But you still need to comply with all other laws governing firearm ownership (age, criminal history, mental health, etc.). Also, concealed carry permit laws remain separate.

Are there still places I can’t openly carry?
Yes. Even with the ban struck, other statutes still restrict carrying in certain places —  Private property owners can prohibit open carry as well.

What about differences across counties?
Local law enforcement response has varied. Some counties/sheriff’s offices immediately said they will not enforce the ban once void; others are waiting until after the 15-day period, until the decision becomes final.

Conclusion

The open carry landscape in Florida has changed dramatically since McDaniels v. State. The ban has been struck down, open carry is now recognized by the Attorney General as legal in Florida, and many law enforcement agencies are ceasing enforcement. Still, the change is recent, interpretation may vary and many established restrictions remain in effect.

If you plan to open carry, stay informed (both of state law and federal law), act responsibly, and make sure you understand both your rights and your obligations under the law.

To learn more about open carry in Florida read our other two articles since the McDaniels decision.  Click here and here.