Open carry laws – Man with concealed carry permit application and pistol gun firearm Courtesy: Shutterstock – Photo by ja-images
This Thursday marks the official start of open carry in Florida, a major shift in the state’s firearm regulations. Therefore, if you see someone at your neighborhood grocery store carrying a weapon, don’t be shocked.
Earlier this month, an appeals court ruled that Florida’s law prohibiting open carrying of weapons was unconstitutional and violated the Second Amendment.
Following the Sept. 10 open-carry ruling by a panel of the 1st District Court of Appeal, Florida Attorney General James Uthmeier swiftly embraced it as “the law of the state” and issued guidelines for sheriffs, police, and prosecutors cautioning them against arresting or prosecuting “law-abiding citizens carrying a firearm in a manner that is visible to others.”
In accordance with the court’s order, the law went into effect this Thursday, September 25, 2025, giving the state 15 days to file an appeal.
This is all the information you require on open carry in Florida.
Is it legal to open carry a firearm anywhere in Florida?
The simplest response is “no.”
Judge Stephanie Ray stated in the 20-page ruling composed of three judges that “that is not to say that open carry is absolute or immune from reasonable regulation.” Uthmeier concurred, stating that federal and state laws pertaining to the carrying of weapons in particular areas will remain in effect.
Since the legislation has not kept pace with the verdict, the law is now up to interpretation.
A 1987 law that made it a criminal to openly exhibit a pistol was invalidated by the ruling. While open carrying of firearms was prohibited in Florida for many years, concealed-weapons licenses were nevertheless granted to Floridians.
“Open carry” refers to the ability of anyone to carry a lawfully owned firearm in public while it is either fully or partially hidden. Openly carrying a firearm was a second-degree misdemeanor under prior Florida law, punishable by up to 60 days in prison or a $500 fine.
Is it now possible for gun owners to open carry in Florida?
The ruling states that open carry cannot be regulated in any location where public property is accessible and unfettered. In the upcoming legislative session, Florida lawmakers must, however, provide further requirements.
Is it legal for citizens of Florida to carry firearms to Publix?
According to the ruling, private property owners still have the right to forbid guns on their houses and places of business. Any infraction of this might be classified as armed trespassing, which is a third-degree felony, according to Uthmeier.
The Tallahassee Democrat claims that while Publix permitted concealed carry, they requested in 2021 that patrons not carry firearms in their establishments in places where open carry is permitted. Trader Joe’s stated in 2019 that they “do not welcome weapons of any kind in our stores and never have,” Target advised customers to leave their firearms at home in 2014, and Walmart forbids open carry but permits concealed carry.
Where in Florida is open carry prohibited?
A portion of a legislation that established guidelines for concealed-weapons licenses was impacted by the appeals court’s decision. According to that statute, a concealed-weapons license “does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into” a number of locations that are off-limits, including police stations, jails, bars, and legislators’ meetings.
“The prohibited places don’t technically apply in a number of places right now (after the appeals court ruling on open carry),” Sean Caranna, executive director of Florida Carry Inc., a nonprofit that advocates for gun rights, told The News Service of Florida on September 19. “There is going to be a brief period of time here where obviously the statutes have not caught up to the court rulings, and we’re advising that sometimes discretion is the better part of valor and people should abide by the current set of places that are prohibited … when it comes to all forms of carry.”
State and federal laws now prohibit open and concealed carry in the following areas:
According to s. 823.05, “any place of nuisance” is a broad term that encompasses locations that jeopardize public health, turn into “manifestly injurious to the morals or manners” of the community, or “annoy the community,” such as prostitution dens, illegal gambling halls, certain massage parlors, and any location where criminal gang activity occurs.
Any highway patrol station, police station, or sheriff’s office
Any jail, prison, or detention center
Any courthouse, albeit judges, have the authority to decide who else can carry in the courtroom.
Polling stations
Any gathering of the legislature or one of its committees; any county, public school district, municipality, or special district’s governing bodies; any professional, collegiate, or school sporting event unrelated to weapons
Professional sports competitions
Any administration structure or facility at an elementary or high school
Any career center
Any area of a business that is authorized to provide alcoholic beverages for on-site consumption and that is predominantly used for that reason
Any facility at a college or institution
The interior of any airport’s sterile area and passenger terminal, unless it is enclosed for a consignment to be checked as baggage
Any location where federal law forbids the carrying of guns
During the parliamentary session that starts in January, Caranna said his group will collaborate with lawmakers and other “stakeholders” to make changes to the law.
He stated, “There are definitely situations where a prohibition is appropriate, and there are going to be parameters around that.” “Nobody is trying to say that we’re going to have a situation where people are allowed to carry into a jail.”
According to Caranna, it’s too soon to decide which areas should be prohibited for firearms. Caranna stated that any modifications would need to adhere to the “historical precedent based on the time of the ratification of the Second Amendment,” citing decisions by the U.S. Supreme Court that mandate gun control laws must be consistent with the country’s “historical tradition.”
“They may not be able to meet that burden, just as the state could not meet its burden for a historical precedent for the banning of open carry,” he stated.
The idea that some places should be gun-free is not shared by all proponents of gun freedom.
What effect does the ruling have on Florida’s “red flag” legislation?
The decision states that the open carry rule only applies to those who are legally permitted to own firearms; it has no bearing on other restrictions imposed by Florida’s firearm laws, such as those pertaining to individuals under the age of 21, convicted felons, “violent career criminals,” or those who are subject to restraining orders and are prohibited from engaging in domestic violence.
The red flag regulations for risk protection in Florida are still in effect. Guns can therefore be confiscated from those who:
Having been committed to a mental institution or declared “mentally defective” after being placed under arrest for an involuntary examination under the Baker Act
Have had their ability to own weapons temporarily restricted because to a petition filed by a law enforcement agency or officer stating that they pose a high danger of killing themselves or others.
Strict guidelines are also set forth by Florida law regarding the duration of a person’s ban from owning a firearm in certain situations and the time frame for its reinstatement.
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Chris began his writing as a hobby while attending Florida Southern College in Lakeland, Florida. Today he and his wife live in the Orlando area with their three children and dog.
