Can You Now Openly Carry a Gun in Florida?

If you live in Florida—or visit frequently—you have likely heard about the state’s significant shift toward open carry. Following the landmark McDaniels v. State decision by the First District Court of Appeal in September 2025, the legal landscape changed rapidly.

Many people still misunderstand where you can carry, where you cannot, and how private property rights apply. We meet with clients regularly who believe open carry is now legal everywhere. It is not. Misunderstanding these rules can put you at risk of arrest, even if you are a law-abiding gun owner.

As Miami criminal defense lawyers, we want you to understand exactly how the law works right now, the primary statutes involved, and the boundaries you must respect to avoid a misdemeanor or felony charge.

How Florida Became an Open Carry State

In September 2025, the First District Court of Appeal struck down Florida’s decades-old open carry ban in McDaniels v. State. The court held that the ban violated the Second Amendment, finding that the state failed to provide a historical basis for outlawing open carry in modern times.

Following this ruling, Florida Attorney General James Uthmeier issued a Guidance Memorandum to law enforcement and prosecutors statewide. The memorandum clarified that open carry is now the “law of the state” and directed authorities to refrain from arresting law-abiding citizens for the simple act of carrying a firearm in a visible manner.

Does This Mean You Can Open Carry Everywhere? No.

The ruling does not create a “carry anywhere” environment. Open carry is still restricted in specific sensitive locations. If you cross these boundaries, you are subject to legal consequences under Fla. Stat. § 790.06(12).

Where Open Carry Is Still Prohibited

Under state and federal law, firearms remain strictly banned in the following locations:

  • Police, sheriff, and highway patrol stations
  • Courthouses and polling places
  • Government meetings (County commissioners, city council, school boards, etc.)
  • School property (K-12 campuses and administration buildings)
  • Colleges and universities
  • Establishments primarily devoted to alcohol service (Specifically the bar area of a restaurant)
  • Airport terminals beyond TSA screening points

Important Note: Under Fla. Stat. § 790.10, it remains a crime to exhibit a firearm in a “rude, careless, angry, or threatening manner.” Open carry is not a license to brandish or use a weapon to intimidate others.

Private Property: Retailers and Restaurants

A private business can ban firearms entirely. Even though open carry is legal in public, private property owners—including grocery stores and big-box retailers—retain the right to prohibit firearms on their premises.

  • Signage matters: If a store has a “No Firearms” sign, your invitation to enter is conditional on being unarmed.
  • Armed Trespassing: If you enter a business with a firearm against their policy, or refuse to leave when asked, you can be charged with armed trespassing under Fla. Stat. § 810.09. This is a third-degree felony in Florida and carries severe, life-altering penalties.

Do You Still Need a Permit?

Florida maintains its “permitless carry” status. As long as you are legally allowed to possess a firearm, you may carry both concealed and openly without a state-issued permit. However, permitless carry does not override the restricted-location laws mentioned above. You can still be arrested for carrying in a prohibited area, regardless of your permit status.

Can the Police Stop You?

While open carry is no longer a crime in itself, law enforcement can still investigate if they have reasonable suspicion that a crime is occurring. This includes carrying in a prohibited location or behaving in a way that appears threatening. Furthermore, if you are a “prohibited person” (such as a convicted felon), possession alone remains a serious felony.

Key Takeaways for Staying Safe

  • Check for Signage: Always look for firearm restrictions at the entrance of any business.
  • Avoid Bar Areas: Do not carry in the portion of a restaurant focused on alcohol service.
  • Comply with Requests: If a property owner asks you to leave, do so immediately to avoid a felony trespass charge.
  • Keep it Holstered: Avoid any handling of the weapon that could be interpreted as “improper exhibition.”

If you are facing a firearm-related charge or have been investigated for open carry in South Florida, reach out to us immediately. A simple misunderstanding of these evolving laws should not result in a permanent criminal record.

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