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.
Section 790.053 makes it unlawful for any person to openly carry on or about their person any firearm or electric weapon. Statutory exceptions include those engaged in fishing, camping, lawful hunting, or going to and from those activities; persons at firing ranges; and licensed concealed carriers whose firearm is briefly and openly displayed in necessary self-defense. A first violation is a second-degree misdemeanor. Because firearms regulation is preempted under Section 790.33, local governments cannot adopt their own open-carry rules, whether more permissive or more restrictive than state law.
Unlawful open carry is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine under FS 775.082 and 775.083.
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See how Cape Coral's open carry rules stack up against other locations.
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