Florida Open Carry: A Closer Look. Know The Current Laws

Florida's open carry law took effect Thursday 9/25/25 after a state appeals court ruled the previous ban unconstitutional on September 10.

When does open carry become legal in Florida? When will you start seeing people in line behind you at Target carrying guns on their hips?

Well, technically, openly carrying a firearm in public in the Sunshine State becomes legal Sept. 25, according to a Sept. 10 decision by a three-judge panel in the 1st District Court of Appeal. The decision declared Florida's law banning open carry to be unconstitutional and a violation of the Second Amendment. The 15-day delay was to give the state time to appeal.

But soon after the decision was announced, state Attorney General James Uthmeier called it a win for the Second Amendment, multiple sheriffs announced they would stop enforcing the state law immediately, and on Sept. 15 Uthmeier declared open carry to be "the law of the state."

• Open carry is now permitted statewide, but you must follow specific guidelines, including age and eligibility requirements.

• The ruling does not allow open carry in certain places like courthouses, schools, polling sites, government buildings, or anywhere private property owners prohibit firearms. 

• The First District Court of Appeal's decision applies to all Florida trial courts; no appeal was filed during the 15-day window.

• Gov. Ron DeSantis labeled the change "a victory" and said it brings Florida in line with most other states.

• Attorney General James Uthmeier directed law enforcement to stop arresting or prosecuting law-abiding citizens openly carrying firearms, referencing McDaniels v. State.

• Previously, Florida allowed concealed carry but banned open carry due to concerns from law enforcement about safety.

• Private property owners and businesses can still prohibit firearms on their premises.

• When does open carry become legal in Florida? When will you start seeing people in line behind you at Target carrying guns on their hips?

• Well, technically, openly carrying a firearm in public in the Sunshine State becomes legal Sept. 25, according to a Sept. 10 decision by a three-judge panel in the 1st District Court of Appeal. The decision declared Florida's law banning open carry to be unconstitutional and a violation of the Second Amendment. The 15-day delay was to give the state time to appeal.

• But soon after the decision was announced, state Attorney General James Uthmeier called it a win for the Second Amendment, multiple sheriffs announced they would stop enforcing the state law immediately, and on Sept. 15 Uthmeier declared open carry to be "the law of the state."

 No.

• Writing for the three-judge panel's 20-page decision, Judge Stephanie Ray said, "That is not to say that open carry is absolute or immune from reasonable regulation."

• Uthmeier agreed in his memo to law enforcement, saying state and federal restrictions on carrying firearms in specific locations would still apply.

• What that actually means is now open to interpretation since legislation has not yet caught up to the ruling.

• Florida laws on concealed carry list a wide variety of sensitive locations where concealed weapons are not permitted, but gun-rights advocates say that may no longer apply. The ruling may also have revealed a loophole: the prohibited spaces law prohibiting firearms in "sensitive" locations may only apply to handguns, according to David Marsey, general counsel of the Florida Police Chiefs Association.

• With the “abrogation” of the state’s open-carry ban, “the prohibited places statute does not expressly prohibit the open carrying of long guns in prohibited places,” Marsey said in a memo, The News Service of Florida reported.

• “I know lawmakers are reading, dissecting” the ruling, Uthmeier said during an event in Winter Haven, adding that the decision resulted in “some inconsistencies” in laws about concealed-weapons licenses and permitless carry enacted after the open-carry ban.

“Now open carry is a constitutional, important right that people can exercise, so I'll leave it there,” the attorney general said.

• Private property owners are still able to prohibit firearms on their property, which can include homes and businesses. Violation is considered armed trespass, a third-degree felony, Uthmeier said.

• Publix asked back in 2021 for customers not to openly guns in their stores in states where open carry is legal, although they allowed concealed carry. Target asked customers to leave the guns home in 2014, Trader Joe's said in 2019 that they "do not welcome weapons of any kind in our stores and never have," and Walmart bans open carry but allows concealed carry.

• Currently, there is a wide variety of other locations where state and federal ban open or concealed carry (with exemptions for law enforcement and correctional officers), such as:

• Any place of nuisance as defined in s. 823.05 (sort of an open term that includes places that endanger the health of the community, become "manifestly injurious to the morals or manners" of the community, or "annoy the community" such as prostitution dens, illegal gambling halls, specified massage parlors and anywhere criminal gang activity happens

• Any police, sheriff, or highway patrol station

• Any detention facility, prison, or jail

• Any courthouse (although judges may carry in the courtroom and may determine who else can)

• Polling places

• Any meeting of the governing body of a county, public school district, municipality, or special district

• Any meeting of the Legislature or a committee thereof

• Any school, college, or professional athletic event not related to firearms

• Professional athletic events

• Any elementary or secondary school facility or administration building

• Any career center

• Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose

• Any college or university facility

• The inside of the passenger terminal and sterile area of any airport unless encased for shipment to be checked as baggage

• Any place where the carrying of firearms is prohibited by federal law

• "The McDaniels decision does not, however, prevent law enforcement from continuing to police those who 'exhibit [firearms[ in a rude, careless, angry, or threatening manner' in public," Uthmeier wrote.

• "And nothing in the decision permits individuals to menace others with firearms in public, nor does it undermine the State's authority to prohibit felons from possessing firearms."

Florida gun laws are now 'a little wonky,' Polk sheriff says. But what's the fix? Florida 'red flag' laws, other gun laws still apply.

• The change in open carry only applies to people legally allowed to possess a firearm. It does not affect other restrictions in Florida's gun laws such as restrictions for people under the age of 21, convicted felons, “violent career criminals,” or people who have restraining orders from committing acts of domestic violence.

• Florida's red flag laws for risk protection orders also still apply. Under those laws, firearms may be taken from individuals who:

• Have been taken into custody for an involuntary examination under the Baker Act

• Have been adjudicated "mentally defective" or have been committed to a mental institution

• Have been temporarily blocked from possessing firearms because a law enforcement officer or agency petitioned the court and stated they were at high risk of harming themselves or others 

• Florida law also has strict conditions regarding how long a person can be kept from possessing firearms in those instances and when they must be returned.

• Open carry is now legal in Florida: How many other states allow open or concealed carry?

• "Open carry" means you can publicly carry a legally owned firearm that is kept in plain sight or partially concealed, usually holstered.

• Previously, according to Florida law, openly carrying a firearm is a second-degree misdemeanor with a $500 fine or a maximum of 60 days in jail.

In summary, Florida's open carry law now allows individuals to carry firearms openly in most public areas, but with specific restrictions and responsibilities. 

Gun owners should stay informed about the evolving legal landscape and adhere to safety guidelines.