Last updated April 2026
Updated for 2026 — Florida’s New Open Carry Reality After Court Ruling & AG Guidance
On September 10, 2025, Florida’s First District Court of Appeal issued a landmark ruling in McDaniels v. State, holding that Florida’s long-standing open-carry ban under § 790.053 was unconstitutional under the Second Amendment.
Just days later, on September 15, 2025, Florida Attorney General James Uthmeier issued a formal guidance memo instructing law enforcement and Florida courts to treat open carry as lawful for qualified individuals.
Although the Florida Legislature has not yet amended the statute, the combination of the appellate opinion + AG guidance means:
✅ Open carry is now legal in Florida for otherwise eligible adults, subject to location and conduct restrictions
…for most adults 21+ who can lawfully possess a firearm, subject to location and conduct restrictions.
❗ But dangerous misconceptions remain
Many people mistakenly believe the ruling means “you can open carry anywhere, and anything goes.”
That’s not true.
As a Fort Lauderdale criminal defense attorney, I can tell you: People WILL still be arrested under the new weapon laws — often because they misunderstand the limits.
For a broader overview of Florida firearm charges and penalties, see our guide to Gun Crime Charges in Florida.
Here’s what you need to know.
⚖️ What the Court Decision Actually Allows
The 1st DCA held that the open-carry ban in § 790.053 violated the Second Amendment, effectively legalizing:
Permitless open carry
Permitless concealed carry (already allowed since 2023)
…but only for adults who:
Are 21 or older
Are legally allowed to possess a firearm (no felonies, DV prohibitions, injunctions, etc.)
The AG memo made clear that open carry is lawful statewide until the Florida Supreme Court says otherwise.
❌ Where Open Carry Is STILL Illegal
Even after McDaniels + AG guidance, Florida still prohibits firearms in:
🏫 Schools & school events
🏛️ Courthouses
🗳️ Polling places
✈️ Secure airport areas
🏟️ Stadiums / major sporting events
🏢 Private businesses that ban firearms
🚫 Federal buildings / federal property
Open carry in these zones can lead to misdemeanor or felony charges.
⚠️ Open Carry Does NOT Immunize You From Gun or Violent Crime Charges
🚫 When You Can Still Be Arrested for Open Carry
Even though the ban was struck down, open carry can STILL be criminal if:
❌ The person is prohibited from possessing a firearm
(felon, domestic violence injunction, federal prohibition)
❌ The firearm is displayed in a threatening or reckless manner
→ Improper Exhibition (§ 790.10) Learn how this charge is applied in real-world situations in our guide to Improper Exhibition of a Firearm in Florida.
→ Aggravated Assault with a Deadly Weapon (§ 784.021) For a deeper breakdown of how these charges are evaluated, see Brandishing a Firearm vs. Aggravated Assault in Florida.
❌ The firearm is carried while committing ANY crime
Florida enhances many charges when a gun is present.
❌ Alcohol or drugs are involved
Intoxicated + firearm almost guarantees an arrest.
🧠 Common Misconceptions About the New Law
“The statute is still on the books, so open carry is illegal.”
❌ Incorrect. The court ruling overrides the statute, and the AG memo instructs police and courts to follow the ruling.
“Open carry means I can show my gun during arguments.”
❌ No — that becomes aggravated assault or improper exhibition.
“Police can’t stop me for open carry now.”
❌ Incorrect. Open carry alone is not a crime — but police can still detain you if they reasonably suspect any other unlawful conduct.
“Bars are fine because open carry is legal.”
❌ Alcohol + firearms still create criminal exposure.
🚓 What To Do If Stopped by Police
Keep hands visible
Remain calm
Do NOT touch your firearm
You are not required to volunteer that you are carrying
Ask: “Am I being detained or am I free to go?”
If detained: “I want a lawyer.”
💥 Criminal Penalties Still Apply
Even under permitless open carry, you can still face:
Up to 1 year in jail
Up to 5 years in prison (felony cases)
Firearm forfeiture
Permanent criminal record
Loss of gun rights if prohibited later
Plus: anything involving threatening display can turn into a felony violent crime, not a gun crime.
Even when an arrest occurs, these cases are often defensible depending on the facts, the officer’s interpretation, and how the encounter unfolded. Learn more about how firearm cases are challenged in Can a Gun Charge Be Dropped in Florida?
❓ FAQs About Open Carry in Florida
Q1: Is open carry legal in Florida now?
Yes — due to McDaniels v. State and the Attorney General’s statewide guidance memo.
Q2: Can private businesses ban open carry?
Yes. Property owners can prohibit firearms entirely.
Q3: Can I open carry at the beach or park?
Yes, unless the area is specifically restricted.
Q4: Can police still stop me?
Yes. Open carry alone is not illegal, but police can stop you for any suspected offense.
Q5: Can open carry lead to aggravated assault charges?
Absolutely — if prosecutors believe the firearm was displayed threateningly.