Open Carry: Hialeah vs Miami
How do open carry rules compare between Hialeah, FL and Miami, FL?
Miami has fewer restrictions than Hialeah.
Hialeah, FL
Miami-Dade County
Florida Statute 790.053 generally bans the open carry of firearms by individuals, with limited exceptions for hunting, fishing, camping, target shooting, and lawful self-defense, and preempts any local variance.
View full Hialeah rules →Miami, FL
Miami-Dade County
Florida Statute 790.053 prohibits open carry of firearms in public, with narrow exceptions for hunting, fishing, camping, target shooting, and lawful self-defense. Miami follows state law; the city cannot loosen, tighten, or add open-carry overlays beyond Chapter 790.
View full Miami rules →Key Facts Comparison
| Fact | Hialeah | Miami |
|---|---|---|
| - | - | |
| Statute | - | FL §790.053 |
| Default rule | - | Open carry banned |
| Penalty | - | 2nd-degree misdemeanor |
| Hunting exception | - | Allowed if licensed |
| Miami additions | - | None permitted |
Highlighted rows indicate differences between cities.
Hialeah FAQ
Is open carry legal in Florida?
Generally no. FS 790.053 bans most open carry, with narrow exceptions for hunting, fishing, camping, and target shooting activities.
Can I openly carry while hunting?
Yes. Persons engaged in lawful hunting, fishing, or camping, and travel to and from those activities, are exempt from the open-carry ban.
Can a Florida county allow open carry locally?
No. Firearms regulation is preempted under FS 790.33, so cities and counties cannot loosen or tighten the state open-carry rule.
Miami FAQ
Can I open-carry a holstered pistol on a Miami sidewalk?
No. Section 790.053 makes open display a second-degree misdemeanor. Carry concealed under permitless-carry rules instead, or holster it openly only while hunting, fishing, or target shooting.
Does brief accidental exposure count as open carry?
No. Florida law specifically excuses momentary unintentional display by a lawful concealed carrier. Repeated or deliberate exposure, however, can still be charged as a second-degree misdemeanor.
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