Daytona Beach, FL Firearms: Open Carry (2026)

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Florida state rule: Daytona Beach does not have a local ordinance for open carry. This topic is governed by Florida state law and applies uniformly across the state.

Summary

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.

Full Breakdown

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.

Frequently Asked Questions

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.

Daytona Beach, FL Firearms: Open Carry (2026)

Summary

Full Breakdown

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