Florida’s Open-Carry Ban: Court Challenges and What Changed

Florida’s 2023 concealed-carry law, which took effect July 1, 2023, did not repeal the state’s open-carry ban. A later court decision changed the law: in September 2025, the First District Court of Appeal held that Florida’s general ban on openly carrying firearms violated the Second Amendment. Later court developments also matter, as explained below.

For present-day restrictions, private-property rules, and the effect of later court developments, see Florida open carry: current rules and limits

Florida’s Open Carry Statute and the Court Challenge

Florida Statute § 790.053 still contains language generally prohibiting open carry and classifying a violation as a second-degree misdemeanor. But the printed statute alone does not explain its enforceability after the court rulings discussed below. Its express self-defense exception covers chemical sprays and certain nonlethal electric weapons, rather than a general right to openly carry a firearm.

The Supreme Court’s Take on Public Gun Carry

In its 2022 decision, New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the Supreme Court weighed in on the right to carry a gun publicly. The Court ruled that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home. According to the Court, states cannot require people to demonstrate a special need for self-protection to carry a gun in public.

The Court also stated that when the Second Amendment’s plain text covers a person’s conduct, the Constitution presumptively protects that conduct. If the government wants to regulate such conduct, it must show that its regulation is consistent with the country’s historical tradition of firearm regulation.

McDaniels and the 2025 Open-Carry Ruling

In McDaniels v. State, decided September 10, 2025, the First District Court of Appeal held Florida’s general open-carry ban unconstitutional. Applying the Supreme Court’s Second Amendment decisions, the court found that the State had failed to establish a historical tradition supporting the ban.

Eubanks and the 2026 Court Developments

A later decision requires care when describing the ruling’s statewide effect. In Eubanks v. State, decided June 17, 2026, the Fourth District addressed concealed carry by adults ages 18 to 20. Although it did not decide an open-carry challenge, it stated that § 790.053 remained potentially enforceable in that district. That discussion does not overrule McDaniels, but it cautions against treating the issue as settled in every Florida appellate district.

What This Means for Florida Gun Owners

A firearm charge requires a close look at the conduct alleged, the statute charged, and the court decisions that apply. McDaniels provides a constitutional basis for challenging an open-carry prosecution, but it does not resolve every firearm case. Restrictions on possession and other firearm offenses remain separate issues.

Get Help with a Florida Firearm Charge

If you are facing a firearm charge, our criminal defense attorneys can review the charge, the events leading to the arrest, and the rulings that apply. Provide your police or court papers and next court date when you contact us.

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