Do You Need a License to Open Carry in Florida? 2026 Guide
Under current law, you do not need a license to openly carry a firearm in Florida. As of early 2026, Florida allows law-abiding adults to carry a visible firearm in public without a permit. This change follows a major 2025 court decision, McDaniels v. State, which found the old ban on open carry unconstitutional.
For decades, Florida was known as a “concealed only” state. That changed in late 2025 when the courts ruled that the state could no longer stop you from carrying a gun visibly in a holster. While the 2023 “Permitless Carry” law only applied to hidden guns, the current 2026 rules extend those rights to open carry for anyone who legally owns their weapon.
What You Must Know: The Rules for 2026
Even though the ban is gone, open carry is not a free-for-all. You must follow specific legal requirements to stay out of trouble with the law.
1. Who Can Carry?
To carry a gun openly in Florida without a license, you must:
- Be at least 21 years old.
- Be a U.S. citizen or legal resident.
- Not have any felony convictions or other legal bans on owning a gun.
2. The Use of a Holster
In 2026, “open carry” means the gun is in a holster on your person. If you walk around holding a gun in your hand, you risk being charged under Florida Statute § 790.10 for improper exhibition. This is a first-degree misdemeanor if the court finds you were displaying the weapon in a “careless or threatening manner.”
3. Prohibited Locations
You cannot carry a firearm—openly or hidden—in these “gun-free” zones:
- Schools: K-12 schools, administration buildings, and school events.
- Government Buildings: Courthouses, detention centers, and polling places.
- Bars: Any part of an establishment primarily meant for serving alcohol.
- Airports: Inside the secure “sterile” areas of passenger terminals.
The House Bill 321 Update (2026)
As of January 2026, the Florida Legislature is reviewing House Bill 321. This bill aims to clarify some “gray areas” left by the court’s ruling. Specifically, lawmakers are looking to ensure that long guns (rifles and shotguns) are held to the same strict location limits as handguns. If you carry a rifle openly, pay close attention to this bill, as it may add new criminal penalties for carrying in sensitive public spaces.
Step-by-Step Checklist: Carrying Safely
If you decide to open carry in Florida today, keep these steps in mind:
- Check Your History: Ensure you are not a “prohibited person.” A past misdemeanor for a crime of violence could still block your right to carry.
- Use a Retention Holster: Since your gun is visible, it is a target. Most safety experts suggest a holster with a locking mechanism.
- Respect Private Property: Store owners can still ban guns. If a “No Firearms” sign is posted and you enter anyway, you can face Armed Trespass charges, which is a third-degree felony.
- Carry Your ID: If a police officer stops you for a lawful reason, you are required to show a valid government-issued ID while carrying.
Frequently Asked Questions (FAQ)
Did Florida pass an open carry law?
The change came from the courts in 2025. The Florida Attorney General instructed police and prosecutors to stop enforcing the old open carry ban, making it legal statewide as of late 2025 and into 2026.
Can I carry a gun in my car openly?
Yes. You can have a firearm in your vehicle without a permit, whether it is hidden or in plain sight, as long as you are at least 21 and legal to own it.
Do I still need a Concealed Weapon License (CWL)?
You don’t need one to carry in Florida anymore. However, many people still get a CWL so they can carry in other states that recognize Florida’s permit and to skip the 3-day wait when buying a gun.
What happens if I enter a bar with a gun?
Carrying in a bar or the bar area of a restaurant is still a crime. You could face a second-degree misdemeanor and lose your right to carry.
Official Sources & Legal Links
- Florida Statutes: Section 790.053 – Open Carry
- Florida Senate: 2026 Bill Tracker – HB 321
- DHSMV: Florida Driver Information
Take Action: Protect Your Future
Gun laws in Florida move fast. A simple mistake in where or how you carry can lead to a criminal record or license suspension. To make sure you are fully protected, you should retain legal counsel to review your specific situation.
Disclaimer: This guide is for educational use only and reflects Florida law as of February 2026. It is not legal advice. Always talk to a qualified Florida lawyer for help with your specific case.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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