Open Carry Laws: They Are Changing In Florida

Florida's open carry ban for guns ruled unconstitutional. What does that mean for gun owners?

Florida’s open carry ruling, which expands gun rights in public, took effect Sept. 25 — but Sarasota and Manatee businesses can still bar firearms.

On Sept. 10, Florida’s 1st District Court of Appeal ruled that the state’s long-standing ban on visibly carrying firearms in public is unconstitutional. The decision comes despite research linking looser gun laws to higher rates of violent crime, suicides, firearm thefts and law enforcement shootings.

She questions whether people who carry guns openly will be more apt to use them during road rage or a fight. 

“Floridians have not had guns out in the open, and it's kind of a terrifying thought for a lot of people,” Resigno said. “When you consider how many people nowadays have had someone either get shot or been in a shooting situation, it’s going to be triggering.”

Matthew Binkley, SCSO Community Affairs Manager, shared that all SCSO personnel have received legal updates from the agency's general counsel’s office. Moving forward, continued training and education on open carry will be implemented for deputies.

“Deputies should expect that members of the public will express concern, confusion or even alarm as they adjust to the sight of firearms in places where they were not previously accustomed to seeing them,” Binkley said. "Our responsibility to the community has not changed. We remain committed to protecting both the rights and the safety of all citizens.”

Open carry of firearms is now legal in Florida as of September 25, 2025, though notable restrictions and exceptions still apply.

• Public areas generally open to citizens: Open carry is permitted on government property and in public spaces not restricted by federal or state law 

• Private property: Property owners, businesses, and residences can still prohibit publicly carried firearms, and ignoring these restrictions may result in armed trespass, classified as a third-degree felony 

Certain locations remain off-limits due to state or federal restrictions or safety concerns:

• Police, sheriff, and highway patrol stations

• Detention facilities, jails, or prisons

• Courthouses (judges may allow exceptions in courtrooms)

• Polling places

• Meetings of governing bodies at county, city, or school district levels

• Schools, colleges, or professional athletic events not related to firearms

• Any property where federal law prohibits firearms

• Properties deemed a public nuisance under Florida statute §823.05, such as illegal gambling halls or locations facilitating criminal gang activity 

Florida’s red-flag laws and risk protection orders remain in effect. Firearms can be temporarily removed from individuals:

• Taken into custody for involuntary mental health examination under the Baker Act

• Adjudicated as mentally defective or committed to a mental institution

• Identified as high-risk by law enforcement for harming themselves or others