Florida's open carry ban (FS 790.053) was struck down by the First District Court of Appeal in McDaniels v. State on September 10, 2025. The Florida Attorney General issued guidance on September 15, 2025 instructing law enforcement that the ban is no longer enforceable. Eligible adults may now openly carry firearms statewide.
Section 790.053, Florida Statutes, historically prohibited the open carrying of firearms with limited exceptions for hunting, fishing, camping, and target shooting. On September 10, 2025, the Florida First District Court of Appeal in McDaniels v. State held that the open carry ban violates the Second Amendment under the framework set out in N.Y. State Rifle & Pistol Ass'n v. Bruen, vacated the defendant's conviction, and declared the statute unconstitutional. On September 15, 2025, Florida Attorney General James Uthmeier issued a guidance memorandum to Florida law enforcement instructing that the open carry ban is no longer enforceable. As a result, eligible adults who may otherwise lawfully possess a firearm may openly carry on or about their person, statewide, alongside the permitless concealed carry already authorized by FS 790.01 since July 1, 2023. Statutory location restrictions remain in effect: carry is still prohibited in locations enumerated by FS 790.06(12), including courthouses, polling places, school grounds, government meetings, and certain other places. Firearms regulation remains preempted to the state under FS 790.33, so no Florida county or municipality may impose its own open-carry restrictions.
Carrying in locations enumerated by FS 790.06(12) or by ineligible persons remains a misdemeanor or felony depending on circumstances. Private property owners may continue to prohibit firearms on their premises.
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