Florida’s New Open Carry Law: What Gun Owners Need to Know

Q: Where is open carry permitted and prohibited under Florida's new open carry law?

Open carry is permitted in most public areas in Florida unless restricted by government regulations or private property owners. However, it remains prohibited in locations such as courthouses, police stations, schools, airports, polling places, and other areas restricted under state or federal law.

Q: What exceptions exist under Florida's open carry law for activities like hunting or camping?

Florida's open carry law includes exceptions for individuals actively engaged in hunting, fishing, or camping, provided they have proper proof or permits as outlined under Florida Statutes § 790.053. These exceptions also apply when traveling to or from these specific activities.

Q: What are the potential legal consequences for violating Florida's open carry law?

Violations of Florida's open carry law can lead to second-degree misdemeanor charges. More serious conduct, such as improper exhibition of a firearm or aggravated assault with a deadly weapon, may escalate penalties to first-degree misdemeanors or felony charges.

Q: How can employers and private businesses enforce firearms policies under the new Florida open carry law?

Employers and private businesses may enforce 'No Firearms' policies on their premises by posting clear and visible signage at public entrances. Individuals must comply with these restrictions, as refusal to leave private property when armed can result in trespassing or armed trespassing charges.

Updated March 30, 2026 by Alec Waid
Florida’s new open carry law took effect on September 25, 2025, marking a major update to how lawful gun owners may carry firearms in public. The First District Court of Appeal’s landmark ruling in McDaniels v. State struck down the state’s 1987 ban on open carry, declaring it unconstitutional under the Second Amendment. This decision represents a significant shift in Florida gun laws in 2025, expanding the rights of responsible gun owners while maintaining reasonable restrictions.

The new law doesn’t eliminate all regulations, but rather it builds upon Florida’s existing permitless concealed carry framework established in 2023. Understanding these changes is critical. You must know where and how you can legally carry to avoid criminal charges. Furthermore, you should contact a skilled Florida criminal defense lawyer if you have been charged with a firearm-related offense, especially in light of these recent changes to the legal landscape for open carry.

The Basis for the New Florida Open Carry Law

Florida Statutes § 790.053 historically prohibited the open carrying of firearms in public, making it a second-degree misdemeanor. The statute carved out narrow exceptions for specific activities, hunting, fishing, camping, and lawful self-defense in one’s home or place of business. Law enforcement personnel and individuals at shooting ranges also received exemptions. The McDaniels v. State ruling has since changed this landscape by declaring the blanket prohibition unconstitutional.

Concealed carry requires keeping a firearm completely hidden. Since July 1, 2023, eligible adults may carry concealed without a permit, though a concealed weapons license still provides reciprocity in other states. Open carry means the firearm is visible, holstered or otherwise. Both carry methods are legal but have different regulations and location restrictions. Whether you carry openly or concealed can affect whether your actions remain within the law or risk criminal charges.

Florida Open Carry Law: Where Is It Allowed and Prohibited?

You can openly carry in most public spaces, including sidewalks, parks, streets, and retail establishments, provided you meet all legal requirements for gun ownership. However, some areas may be restricted by government regulations or private property rules. Private businesses in Florida may ask individuals carrying firearms to leave their premises. If someone refuses to depart when lawfully asked or after notice (for example, via signage), they could potentially face a trespass charge.

Remember, you cannot openly carry firearms in:

Courthouses and judicial facilities
Police stations and correctional institutions
Schools, colleges, and university campuses
Airports and secure areas within transportation hubs
Polling places during elections
Federal buildings and properties restricted under federal law
Bars and establishments primarily serving alcohol in designated bar areas

These location-based restrictions apply even with a concealed carry permit. Violations can result in misdemeanor or felony charges, depending on the law and circumstances.

Exceptions Under the New Florida Open Carry Law

There are specific open carry exceptions in Florida that allow visible firearm display during certain activities. Gun owners may legally open carry while actively engaged in:

Hunting
Fishing
Camping

The key requirement: you must have visible proof of your activity, such as fishing gear, hunting equipment, or camping supplies, to demonstrate legitimate participation in these exempted pursuits.

Traveling to and from Activities

The statute also protects individuals traveling to or from these activities. If you’re heading to a fishing spot with your tackle box visible in your vehicle, or returning from a hunting trip with appropriate equipment, you fall within the protected exception.

Protections for Specific Groups

Law enforcement personnel, individuals at gun ranges, and those participating in firearms training courses receive similar statutory protections.

The Role of Courts in Determining Exceptions

These exceptions require more than simply claiming you’re “going fishing.” Courts examine the totality of circumstances, including:

Time of day
Location
Presence of actual equipment
Whether your conduct aligns with the stated activity

For example, carrying a firearm openly in an urban area without any fishing gear won’t satisfy the exception simply because you own a fishing rod at home.

Best Practices for Gun Owners Under the New Law

Owning a firearm comes with responsibilities. To stay compliant and avoid criminal charges:

Respect posted signage: Comply with “No Firearms” signs on private property. Refusing to leave could be considered armed trespassing.
Know prohibited locations: Memorize areas where firearms are still banned under state and federal law.
Avoid high-risk environments: Do not carry at protests, rallies, or demonstrations,even with a concealed carry permit.
Secure your firearm: When not on your person, keep weapons properly encased and out of immediate reach in vehicles.
Never explain yourself to law enforcement: Politely invoke your right to remain silent and request legal representation immediately.

If you have questions or face any firearm-related legal issues, get in touch with a Florida criminal defense attorney to protect your rights.

Impact on Employers and Private Businesses Under Florida’s New Open Carry Law

Florida’s open carry law does not remove employers’ authority to enforce firearms policies. Private businesses retain full control to prohibit guns on their property, provided they post clear “No Firearms” signs at public entrances.

Employers can:

Ban employees and visitors from carrying firearms on company premises
Require immediate compliance if a firearm is discovered
Ask the individual to leave or secure the weapon in their vehicle
Contact law enforcement if the person refuses to comply

Parking Lot Exception: Employers cannot prohibit legally owned firearms locked inside or secured to private vehicles in company parking lots, as long as the person is lawfully present.

Violating a posted “No Firearms” policy becomes a criminal offense only if the individual refuses to leave, escalating to armed trespassing.

In practice, many Florida businesses exercise these rights; for example, Walmart and Winn-Dixie ban open carry in stores, illustrating how employers balance customer safety with state laws protecting firearms kept in vehicles.

Potential Legal Consequences for Violating the Florida Open Carry Law

Penalties for violating Florida’s open carry law begin with a second-degree misdemeanor for unlawfully carrying a firearm in public. This charge carries up to 60 days in jail and a $500 fine. The consequences escalate rapidly based on the circumstances of the violation. In more serious cases, the offense can be charged as a felony, leading to years in prison and the loss of your right to own or carry firearms.

Improper exhibition of a dangerous weapon is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. This applies when you display your firearm in a rude, careless, angry, or threatening manner, even without drawing it. These rules continue to apply under Florida’s open carry law and cover anyone who handles or displays a firearm irresponsibly.

The most serious charges involve aggravated assault with a deadly weapon, a third-degree felony. If you threaten someone while openly carrying, prosecutors can pursue this charge, which carries up to five years in prison and a $5,000 fine.

Additional consequences include:

Permanent criminal record affecting employment and professional licenses
Revocation of your concealed carry permit
Loss of firearm ownership rights
Immigration consequences for non-U.S. citizens
Probation requirements and mandatory court appearances

Legal Defenses Available Against Open Carry Charges in Florida

If you face firearm-related charges in Florida, several legal defenses may apply:

Constitutional Challenges: If law enforcement stopped or searched you without reasonable suspicion or probable cause, your attorney can file motions to suppress evidence obtained through these violations. The Fourth Amendment protects you from unlawful searches and seizures, which directly applies to firearm stops.
Statutory Exceptions: Charges may be dismissed if you were engaged in lawful activities such as hunting, fishing, or camping. Documentation like hunting licenses, visible fishing gear, or camping equipment can significantly strengthen this defense.
Lack of Intent: Accidental exposure of a firearm may not constitute criminal conduct. Following McDaniel v. State, your Florida criminal defense attorney can show that the brief or unintentional display was neither deliberate nor meant to intimidate others.
Improper Venue or Notice: Private property owners must provide clear and properly posted signage prohibiting firearms. If signage is missing, unclear, or improperly placed, trespass or firearm charges may be difficult to sustain.
Selective Enforcement: If evidence shows that law enforcement targeted you based on discriminatory factors rather than legitimate safety concerns, this can be raised as a defense.

If you have been charged with a firearm offense, contact us immediately to speak with one of our experienced Florida criminal defense attorneys. They can review your case, identify applicable defenses, and protect your rights throughout the legal process. Prompt action can make a significant difference in the outcome of your case.

FAQs (Frequently Asked Questions)

What is the significance of Florida’s new open carry law effective September 25, 2025?

Florida’s new open carry law, effective September 25, 2025, marks a significant change following the First District Court of Appeal ruling in McDaniel v. State that overturned the 1987 ban on open carry.

Where is open carry permitted and prohibited under Florida’s new open carry law?

Open carry is generally permitted in public places unless restricted by government or private property owners. However, it is prohibited in specific locations such as courthouses, police stations, schools, airports, and polling places based on state and federal laws.

What exceptions exist under Florida’s open carry law for activities like hunting or camping?

The law allows exceptions for open carry during activities such as hunting, fishing, and camping provided the individual has proper proof or permits as outlined in Florida Statutes § 790.053.

What are the potential legal consequences for violating Florida’s open carry law?

Violating Florida’s open carry law can result in second-degree misdemeanor penalties. In certain cases, such as improper exhibition or aggravated assault with a deadly weapon, charges can escalate to first-degree misdemeanors or felonies.

How can employers and private businesses enforce firearms policies under the new Florida open carry law?

Employers and private businesses retain the right to enforce ‘No Firearms’ policies on their property by posting clear signage at entrances. These policies must be respected even with the new open carry provisions.

Facing Gun Charges in Florida? Protect Your Rights

Florida’s new open carry law carries serious legal implications. Gun charges can affect your freedom, your career, and your constitutional rights, so it’s critical to act quickly if you are facing a potential violation.

Even lawful gun owners can find themselves accused of violations under Florida’s evolving firearm statutes. Misunderstanding where and how open carry is permitted can lead to serious criminal charges, including unlawful display or improper exhibition of a firearm. Having an experienced criminal defense attorney who understands both the new law and your constitutional protections can make all the difference in your case.

Don’t face these complex firearm-related charges alone. Contact us today for a free consultation and secure the skilled defense you need to protect your rights.

Author
Recent Posts

Alec Waid

Outside of the office, Alec also devotes time teaching trial advocacy to trial team students at Stetson University College of Law.

Alec now brings his talents as an aggressive trial attorney to Battaglia, Ross, Dicus & McQuaid where he is focused on representing individuals and businesses in civil matters as well as defending those facing criminal charges.