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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Lynn Haven, FL
Aircraft noise is preempted by FAA regulation (49 USC 40103). Lynn Haven cannot regulate aircraft. Northwest Florida Beaches International Airport (ECP) and ...
Lynn Haven, FL
Lynn Haven has no leaf-blower-specific ordinance. Gas and electric blowers are allowed citywide; operators must avoid creating a Chapter 26 nuisance and may ...
Lynn Haven, FL
Residential Level 2 EV charging stations in Lynn Haven require an Electrical Sub-Contractor permit through the Building Department. The 2024 Florida Electric...
Lynn Haven, FL
Lynn Haven requires a Concrete, Stormwater, Driveway permit to construct or modify a driveway. The driveway apron must connect properly to the right-of-way a...
Lynn Haven, FL
Lynn Haven enforces Florida Statute Ch. 316 (Florida Uniform Traffic Control Law) on city streets. Parking against traffic, blocking driveways, within 15 ft ...
Lynn Haven, FL
Retaining walls over 4 feet tall in Lynn Haven require engineered design and a Building Department permit. Walls under 4 ft from grade are typically exempt u...
See how Lynn Haven's open carry rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.