Florida Statewide Rule

Florida Open Carry Legal Statewide After McDaniels Ruling

Few RestrictionsApplies statewide across Florida (2026)

Key Facts

Status: Legal statewide since Sept. 10, 2025 (McDaniels)
Prior Statute: FS 790.053 declared unconstitutional
Court: Fla. 1st DCA. McDaniels v. State
AG Guidance: Sept. 15, 2025: ban not enforceable
Local Authority: Preempted by FS 790.33

Last verified: June 6, 2026Source: Florida Senate

Summary

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.

In McDaniels v. State, the First District Court of Appeal struck down Florida's ban on open carry (Section 790.053, Florida Statutes), finding that statute unconstitutional under the Second Amendment. We therefore declare the law unconstitutional, vacate McDaniels's conviction, and reverse his sentence.

Source: Florida SenateView official code

Full Breakdown

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. 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. 01 since July 1, 2023. 06(12), including courthouses, polling places, school grounds, government meetings, and certain other places. 33, so no Florida county or municipality may impose its own open-carry restrictions.

Violations & Penalties

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.

Frequently Asked Questions

Is open carry now legal in Florida?

Yes. On September 10, 2025, Florida's First District Court of Appeal in McDaniels v. State struck down FS 790.053. The Florida Attorney General's September 15, 2025 guidance memorandum directs law enforcement that the open carry ban is no longer enforceable statewide.

Do I need a license to open carry?

No. The Attorney General's guidance treats open carry the same as the permitless concealed carry already authorized by FS 790.01 since July 1, 2023. An eligible adult who may lawfully possess a firearm may carry it openly or concealed.

Where is open carry still prohibited?

Statutory location restrictions in FS 790.06(12) still apply: courthouses, polling places, school grounds, government meetings, certain bars, and other listed places remain off-limits. Private property owners may also prohibit firearms on their premises.

Can my city pass an open-carry ban?

No. Firearms regulation is preempted to the state under FS 790.33, with personal civil penalties on local officials who knowingly enact or enforce conflicting rules.

Sources

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