Open Carry in Florida: What to Confirm Before You Carry in the Open

Open carry is the part of Florida gun law that has moved the most in the last few years.

For a long time, the general rule was that carrying a firearm in the open, in most public places, was not allowed. There were exceptions, such as hunting, fishing, camping, target shooting, and carrying while going to or from those activities.

Today the law is in flux. We are not going to hand you a simple rule, because no one can honestly give you one right now. A wrong answer here can mean an arrest.

Where things stand (checked October 27, 2026)

These are facts, not a rule. Read all four together.

1. The statute is still on the books. The 2026 Florida Statutes still include section 790.053. It makes openly carrying a firearm a second-degree misdemeanor, with exceptions. The Legislature has not repealed it.

2. An appeals court struck it down. In September 2025, Florida's First District Court of Appeal declared section 790.053 unconstitutional under the Second Amendment for ordinary, law-abiding adults. The court also said open carry can still be reasonably regulated.

3. The Attorney General said he will not defend it. Days later, the Florida Attorney General told police and prosecutors to refrain from arresting or prosecuting law-abiding people for carrying a gun in a way others can see. He said his office would no longer defend those prosecutions. He also said the ruling did not change the prohibited-places list, the rules on threatening anyone with a gun, or a private owner's right to tell you to leave.

4. Another appeals court disagreed about its reach. In June 2026, Florida's Fourth District Court of Appeal, which hears appeals from Broward County and other counties, said in a case that was not about open carry that section 790.053 is still a current statute and potentially enforceable in its district. It also said the Attorney General's guidance does not change that.

What this means: whether you can be arrested or prosecuted for open carry may depend on where in Florida you are, and on rulings still to come. Florida's Supreme Court has not settled it.

If you want to carry openly, call a lawyer first.

Why you should not rely on what you have heard

People repeat old rules. A friend, a coworker, or a forum post may describe the law as it stood years ago, or as it stood last month.

Rulings can be narrow. A court decision may change how a rule applies without changing the text of the statute. It may be treated differently in different parts of the state until a higher court weighs in.

Enforcement can lag. An officer in the field may be working from older training. The law and the officer's expectations can be out of sync, and you are the one who ends up explaining it.

Open carry and concealed carry are different rules. If you carry under the 2023 license-free concealed-carry law, the open-carry statute says you do not violate it by briefly and openly displaying the firearm, unless you intentionally display it in an angry or threatening manner, not in necessary self-defense. Carrying in the open on purpose is a different question. See our concealed-carry page.

Questions to confirm before you carry openly

Ask these of a lawyer or another current, reliable source. Do not rely on a page like this one for the answers.

1. Is open carry currently being enforced where I live and where I am going?
2. Does the answer depend on my age, my license status, or where I am?
3. Do the long-standing exceptions still matter to me? Florida law lists lawful uses that apply notwithstanding the carry statutes, including fishing, camping, lawful hunting, target practice, and going to or returning from those activities.
4. Which places are off limits no matter what? Florida's prohibited-places list covers openly carrying a handgun as well as concealed carry.
5. Does my county or city have anything to say? Florida law says the State occupies the whole field of firearms regulation, which limits local gun ordinances, with exceptions set by the Constitution or general law.

What can go wrong with a visible firearm

Even where open carry is not prosecuted, a visible gun changes how people react.

• A neighbor, a customer, or a passerby may call 911.
• Police may stop you to check what is happening. The stop itself does not mean you did anything wrong.
• A person who feels frightened may later say you displayed the gun as a threat.

Florida has separate crimes for exhibiting a firearm in a rude, careless, angry, or threatening manner, and for threatening someone with a firearm. They do not depend on the open-carry rule. See our brandishing page.

On private property, the owner can tell you to leave. A person armed with a firearm who stays in a structure or conveyance after being told to leave can be charged with armed trespass, a third-degree felony.

If you are stopped while carrying openly

Stay calm. Keep your hands where an officer can see them. Tell the officer calmly that you are carrying and where the gun is. Do not reach for it.

Ask whether you are free to leave. Do not argue the law on the roadside.

You can say that you prefer to talk to a lawyer before answering questions. Then do exactly that.

Our page on police stops while armed covers this in more detail.

The honest summary

Open carry in Florida is unsettled. If you are eligible to carry concealed, concealed carry is the lane with the clearest rules. Wherever you carry, the prohibited-places list still applies.

If you are unsure, stay concealed, stay out of restricted places, and call a lawyer.

If you were arrested for open carry

A charge for open carry may turn on where you were arrested, the date, and the court rulings in effect at the time. A lawyer can compare your date, your location, and your facts against the current state of the law.

Arrested, or worried about a carry charge? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.

General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. This is a fast-moving area; confirm the current law before you act. Law last checked October 27, 2026.