Is Open Carry Legal in Florida? 2025 Law Update, Court Ruling & What You Must Know

This information is for educational purposes only and does not constitute legal advice. Florida gun laws carry serious criminal penalties. Consult a Florida firearms attorney for specific legal guidance.

Open carry is NOW LEGAL in Florida following a September 2025 court ruling that struck down the state’s 38-year ban. Florida Statute § 790.053, which made it “unlawful for any person to openly carry on or about his or her person any firearm,” was declared unconstitutional by the First District Court of Appeal in McDaniels v. State. Florida’s Attorney General confirmed the ruling applies statewide effective September 25, 2025, and law enforcement has been directed not to enforce the open carry ban.

This represents a massive shift for Florida gun owners. Until September 2025, Florida was one of only four states banning open carry firearms. Now, lawful gun owners can openly carry handguns in public—but critical restrictions still apply.

What Changed With the 2025 Court Ruling?

Stanley Victor McDaniels challenged Florida’s open carry ban after being arrested on July 4, 2022, while standing at a Pensacola intersection with a visibly holstered handgun. Though licensed for concealed carry and not threatening anyone, he was convicted under § 790.053.

The First District Court of Appeal ruled that Florida’s blanket ban violated the Second Amendment, stating “no historical tradition supports Florida’s Open Carry Ban.” The court emphasized that while reasonable regulations are permitted, the state “may not extinguish the right altogether for ordinary, law-abiding, adult citizens”.

Florida Attorney General James Uthmeier announced his office fully supports the decision and will not appeal. Governor Ron DeSantis also welcomed the ruling, stating it “aligns with my long-held position”.

This conflicts with the Florida Supreme Court’s 2017 Norman v. State ruling upholding the ban, but the McDaniels decision will inevitably reach the Florida Supreme Court because the court must review all district court decisions that invalidate Florida law.

Florida’s Previous Open Carry Ban (Pre-September 2025)

Florida Statute § 790.053 made it unlawful to “openly carry on or about his or her person any firearm or electric weapon or device”. The statute allowed two exceptions: self-defense chemical sprays and non-lethal electric devices like tasers or stun guns could be openly carried.

Florida’s concealed carry permit system, implemented in 1987, was the only way most civilians could legally carry firearms in public before permitless concealed carry became law in July 2023.

Permitless Concealed Carry (Since July 2023)

House Bill 543, signed by Governor DeSantis and effective July 1, 2023, allows qualified Floridians to carry concealed firearms without a permit, making Florida the 26th state with permitless concealed carry.

To carry concealed without a permit, you must meet all eligibility criteria for receiving a concealed weapons license—except the firearms training requirement and permit application. You must carry valid identification and display it on demand to law enforcement.

HB 543 did not change federal background check requirements when purchasing firearms from licensed dealers. The bill made concealed carry permits optional but didn’t eliminate the permitting system.

Legal Exceptions to Open Carry (Still Relevant)

Even before the 2025 ruling, Florida Statute § 790.25(3) outlined situations where open carry restrictions didn’t apply:

When Open Carry Was Always Legal:

• Active-duty military members, National Guard, Florida State Defense Force when on duty or training
• Law enforcement officers, prison wardens, marshals, game wardens while carrying out official duties
• Persons “engaged in fishing, camping, or lawful hunting” or traveling directly to/from these activities
• Members of firearms collecting organizations when attending, traveling to, or from gun shows or conventions
• On your own private property (but guests cannot openly carry, even with your permission)
• Employees at their place of business (though employers can prohibit firearms)

Travel to hunting, fishing, camping, or shooting ranges must be “continuous”—you cannot make stops along the way and maintain the exception.

Where You CANNOT Carry Firearms (Still Prohibited)

Federal and state restrictions on carrying firearms in specific locations still apply after the McDaniels ruling:

Prohibited Locations Include:

• K-12 schools and administration buildings, school/college/professional athletic events
• Government buildings, courthouses, polling places, legislative meetings
• Law enforcement stations and detention facilities
• Airport passenger terminals and sterile areas
• Locations where firearms are explicitly prohibited by statute § 790.06(12)

Carrying in prohibited locations is a second-degree misdemeanor, but violations in schools or with other criminal conduct can elevate to felony charges.

Private property owners can still prohibit firearms on their premises. Violating this prohibition can constitute armed trespass—a third-degree felony.

Penalties for Illegal Open Carry (Pre-September 2025)

Before the McDaniels ruling, violating § 790.053 was a second-degree misdemeanor punishable by up to $500 fine and up to 60 days in jail. The standard bond amount for open carry violations was $2,500.

Improper exhibition of a firearm under Florida Statute 790.10—displaying a firearm in a rude, careless, angry, or threatening manner—is a first-degree misdemeanor punishable by up to one year in jail and $1,000 fine. This prohibition remains in effect.

A conviction could impact your ability to obtain or retain a concealed weapons license. The Florida Department of Agriculture and Consumer Services can suspend or revoke licenses for firearm law violations.

How Florida’s Law Compares to Other States

Before McDaniels, Florida was one of only four states (along with California, Connecticut, and Illinois) that generally prohibited open carry. At least 25 other states had already enacted some form of permitless carry or “Constitutional Carry” before Florida.

Despite HB 543 being called “Constitutional Carry,” firearms attorneys noted it was really only permitless concealed carry. True Constitutional Carry typically includes open carry rights. The McDaniels ruling brings Florida closer to genuine Constitutional Carry status.

What the McDaniels Ruling Means NOW

Attorney General James Uthmeier declared open carry is “the law of the state,” and the Florida Sheriffs Association advised deputies not to enforce the open carry ban. The decision became effective September 25, 2025.

Critical Points:

• Open carry only applies to people legally allowed to possess guns—restrictions for those under 21, convicted felons, violent career criminals, and people with domestic violence restraining orders still apply
• Florida’s red flag laws (risk protection orders) remain in effect
• Private employers can still control or ban firearms in the workplace, though employees can typically store firearms in locked vehicles
• Improper exhibition (displaying firearms threateningly) remains illegal

The McDaniels decision applies only on public property. Private businesses and property owners can ban open carry on their premises.

Practical Guidance for Florida Gun Owners

If You’re Carrying Under the New Open Carry Law:

1. Ensure you’re legally eligible to possess firearms under Florida and federal law
2. Carry valid identification and provide it to law enforcement on demand
3. Understand that prohibited locations still apply
4. Respect private property restrictions—businesses can ban open carry
5. Avoid displaying firearms in a rude, careless, angry, or threatening manner
6. Be aware the legal landscape may change if the Florida Supreme Court reviews the ruling

Benefits of Maintaining a Concealed Carry License: Even with permitless carry and open carry now legal, obtaining a concealed weapons license offers benefits like reciprocity with other states and avoiding Florida’s three-day firearm purchase waiting period.

Frequently Asked Questions

Is open carry legal in Florida in 2025? 

Yes. Following the September 2025 McDaniels v. State ruling, open carry is legal statewide for law-abiding citizens who can legally possess firearms.

Can I open carry a handgun in Florida without a permit? 

Yes, as long as you meet the legal requirements to possess firearms under Florida and federal law. You must be 21 or older (with exceptions for military/law enforcement), not a convicted felon, and not subject to disqualifying restraining orders.

Does Florida’s permitless concealed carry mean I can open carry too? 

Initially, HB 543 (July 2023) only allowed permitless concealed carry—not open carry. Open carry became legal in September 2025 after the McDaniels court ruling.

Can I open carry while fishing, hunting, or camping in Florida? 

Yes. These were exceptions to the open carry ban even before the 2025 ruling. You can also openly carry while traveling directly to and from these activities.

What happens if I’m caught open carrying in a prohibited location? 

Carrying in prohibited locations remains a second-degree misdemeanor (up to 60 days jail, $500 fine) and can be elevated to a felony in certain circumstances. Even with open carry now legal, location-based restrictions remain.

Can businesses prohibit open carry on their property? 

Yes. Private property owners and businesses can prohibit open carry. Violating these restrictions can constitute armed trespass, a third-degree felony.

Will the Florida Supreme Court overturn the McDaniels ruling? 

The McDaniels decision will inevitably reach the Florida Supreme Court because it invalidated a Florida statute. The outcome is uncertain, as it conflicts with the 2017 Norman v. State ruling.

What’s the difference between open carry and concealed carry in Florida?

Open carry means your firearm is visible to others. Concealed carry means it’s hidden from ordinary sight. Florida law allows briefly displaying a concealed firearm to ordinary sight, unless done in an angry or threatening manner.

Recent Legal Developments: The September 2025 McDaniels ruling fundamentally changed Florida’s firearms landscape. While open carry is now legal, the situation remains fluid as the case may be appealed to the Florida Supreme Court. Gun owners should stay informed about legislative and judicial developments.

Sources:

Florida Attorney General Guidance (September 2025)Is Open Carry Legal in Florida? 2025 Law Update, Court Ruling & What You Must Know

Florida Statutes § 790.053 (Open Carrying of Weapons)

Florida Statutes § 790.25 (Lawful Uses)

McDaniels v. State, First District Court of Appeal (September 2025)

House Bill 543 (2023)

This information is for educational purposes only and does not constitute legal advice. Florida gun laws carry serious criminal penalties. Consult a Florida firearms attorney for specific legal guidance.

Open carry is NOW LEGAL in Florida following a September 2025 court ruling that struck down the state’s 38-year ban. Florida Statute § 790.053, which made it “unlawful for any person to openly carry on or about his or her person any firearm,” was declared unconstitutional by the First District Court of Appeal in McDaniels v. State. Florida’s Attorney General confirmed the ruling applies statewide effective September 25, 2025, and law enforcement has been directed not to enforce the open carry ban.

This represents a massive shift for Florida gun owners. Until September 2025, Florida was one of only four states banning open carry firearms. Now, lawful gun owners can openly carry handguns in public—but critical restrictions still apply.

What Changed With the 2025 Court Ruling?

Stanley Victor McDaniels challenged Florida’s open carry ban after being arrested on July 4, 2022, while standing at a Pensacola intersection with a visibly holstered handgun. Though licensed for concealed carry and not threatening anyone, he was convicted under § 790.053.

The First District Court of Appeal ruled that Florida’s blanket ban violated the Second Amendment, stating “no historical tradition supports Florida’s Open Carry Ban.” The court emphasized that while reasonable regulations are permitted, the state “may not extinguish the right altogether for ordinary, law-abiding, adult citizens”.

Florida Attorney General James Uthmeier announced his office fully supports the decision and will not appeal. Governor Ron DeSantis also welcomed the ruling, stating it “aligns with my long-held position”.

This conflicts with the Florida Supreme Court’s 2017 Norman v. State ruling upholding the ban, but the McDaniels decision will inevitably reach the Florida Supreme Court because the court must review all district court decisions that invalidate Florida law.

Florida’s Previous Open Carry Ban (Pre-September 2025)

Florida Statute § 790.053 made it unlawful to “openly carry on or about his or her person any firearm or electric weapon or device”. The statute allowed two exceptions: self-defense chemical sprays and non-lethal electric devices like tasers or stun guns could be openly carried.

Florida’s concealed carry permit system, implemented in 1987, was the only way most civilians could legally carry firearms in public before permitless concealed carry became law in July 2023.

Permitless Concealed Carry (Since July 2023)

House Bill 543, signed by Governor DeSantis and effective July 1, 2023, allows qualified Floridians to carry concealed firearms without a permit, making Florida the 26th state with permitless concealed carry.

To carry concealed without a permit, you must meet all eligibility criteria for receiving a concealed weapons license—except the firearms training requirement and permit application. You must carry valid identification and display it on demand to law enforcement.

HB 543 did not change federal background check requirements when purchasing firearms from licensed dealers. The bill made concealed carry permits optional but didn’t eliminate the permitting system.

Legal Exceptions to Open Carry (Still Relevant)

Even before the 2025 ruling, Florida Statute § 790.25(3) outlined situations where open carry restrictions didn’t apply:

When Open Carry Was Always Legal:

• Active-duty military members, National Guard, Florida State Defense Force when on duty or training
• Law enforcement officers, prison wardens, marshals, game wardens while carrying out official duties
• Persons “engaged in fishing, camping, or lawful hunting” or traveling directly to/from these activities
• Members of firearms collecting organizations when attending, traveling to, or from gun shows or conventions
• On your own private property (but guests cannot openly carry, even with your permission)
• Employees at their place of business (though employers can prohibit firearms)

Travel to hunting, fishing, camping, or shooting ranges must be “continuous”—you cannot make stops along the way and maintain the exception.

Where You CANNOT Carry Firearms (Still Prohibited)

Federal and state restrictions on carrying firearms in specific locations still apply after the McDaniels ruling:

Prohibited Locations Include:

• K-12 schools and administration buildings, school/college/professional athletic events
• Government buildings, courthouses, polling places, legislative meetings
• Law enforcement stations and detention facilities
• Airport passenger terminals and sterile areas
• Locations where firearms are explicitly prohibited by statute § 790.06(12)

Carrying in prohibited locations is a second-degree misdemeanor, but violations in schools or with other criminal conduct can elevate to felony charges.

Private property owners can still prohibit firearms on their premises. Violating this prohibition can constitute armed trespass—a third-degree felony.

Penalties for Illegal Open Carry (Pre-September 2025)

Before the McDaniels ruling, violating § 790.053 was a second-degree misdemeanor punishable by up to $500 fine and up to 60 days in jail. The standard bond amount for open carry violations was $2,500.

Improper exhibition of a firearm under Florida Statute 790.10—displaying a firearm in a rude, careless, angry, or threatening manner—is a first-degree misdemeanor punishable by up to one year in jail and $1,000 fine. This prohibition remains in effect.

A conviction could impact your ability to obtain or retain a concealed weapons license. The Florida Department of Agriculture and Consumer Services can suspend or revoke licenses for firearm law violations.

How Florida’s Law Compares to Other States

Before McDaniels, Florida was one of only four states (along with California, Connecticut, and Illinois) that generally prohibited open carry. At least 25 other states had already enacted some form of permitless carry or “Constitutional Carry” before Florida.

Despite HB 543 being called “Constitutional Carry,” firearms attorneys noted it was really only permitless concealed carry. True Constitutional Carry typically includes open carry rights. The McDaniels ruling brings Florida closer to genuine Constitutional Carry status.

What the McDaniels Ruling Means NOW

Attorney General James Uthmeier declared open carry is “the law of the state,” and the Florida Sheriffs Association advised deputies not to enforce the open carry ban. The decision became effective September 25, 2025.

Critical Points:

• Open carry only applies to people legally allowed to possess guns—restrictions for those under 21, convicted felons, violent career criminals, and people with domestic violence restraining orders still apply
• Florida’s red flag laws (risk protection orders) remain in effect
• Private employers can still control or ban firearms in the workplace, though employees can typically store firearms in locked vehicles
• Improper exhibition (displaying firearms threateningly) remains illegal

The McDaniels decision applies only on public property. Private businesses and property owners can ban open carry on their premises.

Practical Guidance for Florida Gun Owners

If You’re Carrying Under the New Open Carry Law:

1. Ensure you’re legally eligible to possess firearms under Florida and federal law
2. Carry valid identification and provide it to law enforcement on demand
3. Understand that prohibited locations still apply
4. Respect private property restrictions—businesses can ban open carry
5. Avoid displaying firearms in a rude, careless, angry, or threatening manner
6. Be aware the legal landscape may change if the Florida Supreme Court reviews the ruling

Benefits of Maintaining a Concealed Carry License: Even with permitless carry and open carry now legal, obtaining a concealed weapons license offers benefits like reciprocity with other states and avoiding Florida’s three-day firearm purchase waiting period.

Frequently Asked Questions

Is open carry legal in Florida in 2025? 

Yes. Following the September 2025 McDaniels v. State ruling, open carry is legal statewide for law-abiding citizens who can legally possess firearms.

Can I open carry a handgun in Florida without a permit? 

Yes, as long as you meet the legal requirements to possess firearms under Florida and federal law. You must be 21 or older (with exceptions for military/law enforcement), not a convicted felon, and not subject to disqualifying restraining orders.

Does Florida’s permitless concealed carry mean I can open carry too? 

Initially, HB 543 (July 2023) only allowed permitless concealed carry—not open carry. Open carry became legal in September 2025 after the McDaniels court ruling.

Can I open carry while fishing, hunting, or camping in Florida? 

Yes. These were exceptions to the open carry ban even before the 2025 ruling. You can also openly carry while traveling directly to and from these activities.

What happens if I’m caught open carrying in a prohibited location? 

Carrying in prohibited locations remains a second-degree misdemeanor (up to 60 days jail, $500 fine) and can be elevated to a felony in certain circumstances. Even with open carry now legal, location-based restrictions remain.

Can businesses prohibit open carry on their property? 

Yes. Private property owners and businesses can prohibit open carry. Violating these restrictions can constitute armed trespass, a third-degree felony.

Will the Florida Supreme Court overturn the McDaniels ruling? 

The McDaniels decision will inevitably reach the Florida Supreme Court because it invalidated a Florida statute. The outcome is uncertain, as it conflicts with the 2017 Norman v. State ruling.

What’s the difference between open carry and concealed carry in Florida?

Open carry means your firearm is visible to others. Concealed carry means it’s hidden from ordinary sight. Florida law allows briefly displaying a concealed firearm to ordinary sight, unless done in an angry or threatening manner.

Recent Legal Developments: The September 2025 McDaniels ruling fundamentally changed Florida’s firearms landscape. While open carry is now legal, the situation remains fluid as the case may be appealed to the Florida Supreme Court. Gun owners should stay informed about legislative and judicial developments.

Sources:

• Florida Statutes § 790.053 (Open Carrying of Weapons)
• Florida Statutes § 790.25 (Lawful Uses)
• McDaniels v. State, First District Court of Appeal (September 2025)
• House Bill 543 (2023)
• Florida Attorney General Guidance (September 2025)

This information is for educational purposes only and does not constitute legal advice. Florida gun laws carry serious criminal penalties. Consult a Florida firearms attorney for specific legal guidance.

Open carry is NOW LEGAL in Florida following a September 2025 court ruling that struck down the state’s 38-year ban. Florida Statute § 790.053, which made it “unlawful for any person to openly carry on or about his or her person any firearm,” was declared unconstitutional by the First District Court of Appeal in McDaniels v. State. Florida’s Attorney General confirmed the ruling applies statewide effective September 25, 2025, and law enforcement has been directed not to enforce the open carry ban.

This represents a massive shift for Florida gun owners. Until September 2025, Florida was one of only four states banning open carry firearms. Now, lawful gun owners can openly carry handguns in public—but critical restrictions still apply.

What Changed With the 2025 Court Ruling?

Stanley Victor McDaniels challenged Florida’s open carry ban after being arrested on July 4, 2022, while standing at a Pensacola intersection with a visibly holstered handgun. Though licensed for concealed carry and not threatening anyone, he was convicted under § 790.053.

The First District Court of Appeal ruled that Florida’s blanket ban violated the Second Amendment, stating “no historical tradition supports Florida’s Open Carry Ban.” The court emphasized that while reasonable regulations are permitted, the state “may not extinguish the right altogether for ordinary, law-abiding, adult citizens”.

Florida Attorney General James Uthmeier announced his office fully supports the decision and will not appeal. Governor Ron DeSantis also welcomed the ruling, stating it “aligns with my long-held position”.

This conflicts with the Florida Supreme Court’s 2017 Norman v. State ruling upholding the ban, but the McDaniels decision will inevitably reach the Florida Supreme Court because the court must review all district court decisions that invalidate Florida law.

Florida’s Previous Open Carry Ban (Pre-September 2025)

Florida Statute § 790.053 made it unlawful to “openly carry on or about his or her person any firearm or electric weapon or device”. The statute allowed two exceptions: self-defense chemical sprays and non-lethal electric devices like tasers or stun guns could be openly carried.

Florida’s concealed carry permit system, implemented in 1987, was the only way most civilians could legally carry firearms in public before permitless concealed carry became law in July 2023.

Permitless Concealed Carry (Since July 2023)

House Bill 543, signed by Governor DeSantis and effective July 1, 2023, allows qualified Floridians to carry concealed firearms without a permit, making Florida the 26th state with permitless concealed carry.

To carry concealed without a permit, you must meet all eligibility criteria for receiving a concealed weapons license—except the firearms training requirement and permit application. You must carry valid identification and display it on demand to law enforcement.

HB 543 did not change federal background check requirements when purchasing firearms from licensed dealers. The bill made concealed carry permits optional but didn’t eliminate the permitting system.

Legal Exceptions to Open Carry (Still Relevant)

Even before the 2025 ruling, Florida Statute § 790.25(3) outlined situations where open carry restrictions didn’t apply:

When Open Carry Was Always Legal:

• Active-duty military members, National Guard, Florida State Defense Force when on duty or training
• Law enforcement officers, prison wardens, marshals, game wardens while carrying out official duties
• Persons “engaged in fishing, camping, or lawful hunting” or traveling directly to/from these activities
• Members of firearms collecting organizations when attending, traveling to, or from gun shows or conventions
• On your own private property (but guests cannot openly carry, even with your permission)
• Employees at their place of business (though employers can prohibit firearms)

Travel to hunting, fishing, camping, or shooting ranges must be “continuous”—you cannot make stops along the way and maintain the exception.

Where You CANNOT Carry Firearms (Still Prohibited)

Federal and state restrictions on carrying firearms in specific locations still apply after the McDaniels ruling:

Prohibited Locations Include:

• K-12 schools and administration buildings, school/college/professional athletic events
• Government buildings, courthouses, polling places, legislative meetings
• Law enforcement stations and detention facilities
• Airport passenger terminals and sterile areas
• Locations where firearms are explicitly prohibited by statute § 790.06(12)

Carrying in prohibited locations is a second-degree misdemeanor, but violations in schools or with other criminal conduct can elevate to felony charges.

Private property owners can still prohibit firearms on their premises. Violating this prohibition can constitute armed trespass—a third-degree felony.

Penalties for Illegal Open Carry (Pre-September 2025)

Before the McDaniels ruling, violating § 790.053 was a second-degree misdemeanor punishable by up to $500 fine and up to 60 days in jail. The standard bond amount for open carry violations was $2,500.

Improper exhibition of a firearm under Florida Statute 790.10—displaying a firearm in a rude, careless, angry, or threatening manner—is a first-degree misdemeanor punishable by up to one year in jail and $1,000 fine. This prohibition remains in effect.

A conviction could impact your ability to obtain or retain a concealed weapons license. The Florida Department of Agriculture and Consumer Services can suspend or revoke licenses for firearm law violations.

How Florida’s Law Compares to Other States

Before McDaniels, Florida was one of only four states (along with California, Connecticut, and Illinois) that generally prohibited open carry. At least 25 other states had already enacted some form of permitless carry or “Constitutional Carry” before Florida.

Despite HB 543 being called “Constitutional Carry,” firearms attorneys noted it was really only permitless concealed carry. True Constitutional Carry typically includes open carry rights. The McDaniels ruling brings Florida closer to genuine Constitutional Carry status.

What the McDaniels Ruling Means NOW

Attorney General James Uthmeier declared open carry is “the law of the state,” and the Florida Sheriffs Association advised deputies not to enforce the open carry ban. The decision became effective September 25, 2025.

Critical Points:

• Open carry only applies to people legally allowed to possess guns—restrictions for those under 21, convicted felons, violent career criminals, and people with domestic violence restraining orders still apply
• Florida’s red flag laws (risk protection orders) remain in effect
• Private employers can still control or ban firearms in the workplace, though employees can typically store firearms in locked vehicles
• Improper exhibition (displaying firearms threateningly) remains illegal

The McDaniels decision applies only on public property. Private businesses and property owners can ban open carry on their premises.

Practical Guidance for Florida Gun Owners

If You’re Carrying Under the New Open Carry Law:

1. Ensure you’re legally eligible to possess firearms under Florida and federal law
2. Carry valid identification and provide it to law enforcement on demand
3. Understand that prohibited locations still apply
4. Respect private property restrictions—businesses can ban open carry
5. Avoid displaying firearms in a rude, careless, angry, or threatening manner
6. Be aware the legal landscape may change if the Florida Supreme Court reviews the ruling

Benefits of Maintaining a Concealed Carry License: Even with permitless carry and open carry now legal, obtaining a concealed weapons license offers benefits like reciprocity with other states and avoiding Florida’s three-day firearm purchase waiting period.

Frequently Asked Questions

Is open carry legal in Florida in 2025? 

Yes. Following the September 2025 McDaniels v. State ruling, open carry is legal statewide for law-abiding citizens who can legally possess firearms.

Can I open carry a handgun in Florida without a permit? 

Yes, as long as you meet the legal requirements to possess firearms under Florida and federal law. You must be 21 or older (with exceptions for military/law enforcement), not a convicted felon, and not subject to disqualifying restraining orders.

Does Florida’s permitless concealed carry mean I can open carry too? 

Initially, HB 543 (July 2023) only allowed permitless concealed carry—not open carry. Open carry became legal in September 2025 after the McDaniels court ruling.

Can I open carry while fishing, hunting, or camping in Florida? 

Yes. These were exceptions to the open carry ban even before the 2025 ruling. You can also openly carry while traveling directly to and from these activities.

What happens if I’m caught open carrying in a prohibited location? 

Carrying in prohibited locations remains a second-degree misdemeanor (up to 60 days jail, $500 fine) and can be elevated to a felony in certain circumstances. Even with open carry now legal, location-based restrictions remain.

Can businesses prohibit open carry on their property? 

Yes. Private property owners and businesses can prohibit open carry. Violating these restrictions can constitute armed trespass, a third-degree felony.

Will the Florida Supreme Court overturn the McDaniels ruling? 

The McDaniels decision will inevitably reach the Florida Supreme Court because it invalidated a Florida statute. The outcome is uncertain, as it conflicts with the 2017 Norman v. State ruling.

What’s the difference between open carry and concealed carry in Florida?

Open carry means your firearm is visible to others. Concealed carry means it’s hidden from ordinary sight. Florida law allows briefly displaying a concealed firearm to ordinary sight, unless done in an angry or threatening manner.

Recent Legal Developments: The September 2025 McDaniels ruling fundamentally changed Florida’s firearms landscape. While open carry is now legal, the situation remains fluid as the case may be appealed to the Florida Supreme Court. Gun owners should stay informed about legislative and judicial developments.

Sources:

• Florida Statutes § 790.053 (Open Carrying of Weapons)
• Florida Statutes § 790.25 (Lawful Uses)
• McDaniels v. State, First District Court of Appeal (September 2025)
• House Bill 543 (2023)
• Florida Attorney General Guidance (September 2025)

About the Author

Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
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