It is a Saturday morning at a gas station on Atlantic Boulevard. A man is filling his tank with a holstered pistol on his hip, in plain view. One driver looks twice. Another reaches for her phone, unsure whether to call anyone, and a third wonders if he could do the same thing tomorrow.
Not long ago, carrying a gun where others could see it was a crime in Florida. Today it generally is not, but the change came from a courtroom, not the Legislature. The old ban is still printed in the statute books, store policies keep shifting, and a few feet can separate a lawful errand from a criminal charge.
This guide explains where the Florida open carry law stands in 2026. It covers how the law changed, who may carry, where carrying remains banned, and how a lawful gun owner can end up under arrest anyway.
Is Florida an Open Carry State?
Open carry means carrying a firearm where other people can see it, such as a pistol in a belt holster or a rifle on a sling. Concealed carry means the gun is hidden from ordinary view, under a shirt, in a purse, or in a pocket. For almost four decades, Florida allowed only the second.
Today, Florida is treated as an open carry state, but the path there ran through the courts. The timeline below shows how it happened:
| Date | What Happened | What It Meant |
| 1987 | The Legislature passes Section 790.053 | Openly carrying a firearm becomes a crime, with narrow exceptions |
| July 1, 2023 | Permitless carry takes effect | Eligible adults may carry concealed without a license |
| Sept. 10, 2025 | The First District Court of Appeal decides McDaniels v. State | The open carry ban is declared unconstitutional |
| Sept. 15, 2025 | The Attorney General issues guidance | Police and prosecutors are told not to arrest law-abiding people for open carry |
| Sept. 25, 2025 | The deadline to seek rehearing passes with no challenge | Open carry is treated as lawful statewide |
| March 13, 2026 | The legislative session ends | Bills to remove the old ban from the statutes die |
| June 17, 2026 | The Fourth District Court of Appeal decides Eubanks v. State | The age-21 carry requirement is struck down for adults 18 to 20 |
Why the 1987 Ban Is Still Printed in Florida Statutes
A court ruling does not erase words from the statute book. Only the Legislature can do that, and its 2026 cleanup bills failed. Anyone who reads Section 790.053 online sees a ban the state can no longer enforce.
The ruling is binding because of how Florida’s courts work. When only one district court of appeal has decided an issue, trial courts across the state must follow it. So far, no other appeals court has disagreed with McDaniels. Jacksonville also sits inside the First District, the court that decided the case. The Attorney General’s open carry guidance memo lists the limits that remain.
Who Can Open Carry in Florida
Whether you can open carry in Florida depends on who you are, not on a permit. No statute now says who may carry openly, because the only open carry statute is the one the court struck down. The ruling and the Attorney General’s guidance describe the right as belonging to law-abiding adults.
The safest working rule is simple. If you may legally carry a concealed gun without a license, you may carry it openly too. That means meeting the requirements for a Florida concealed weapon license, without taking the class or applying. The main ones are:
- Citizenship or residency: You must be a U.S. citizen or a lawful permanent resident.
- Age: You must be at least 18, as explained below.
- Felony record: You cannot have a felony conviction. If a felony case ended in a withhold, you must usually wait three years after probation ends.
- Drug, alcohol, and violence history: A recent drug conviction, two DUIs within three years, or a recent misdemeanor crime of violence can disqualify you, usually for three years.
- Injunctions: You cannot be under an active domestic violence or repeat violence injunction.
- Mental health history: You cannot have been committed to a mental institution or declared legally incapacitated.
- Other legal bans: You cannot be barred from owning a gun under any other state or federal law.
Do You Need a Permit to Open Carry in Florida?
No. Florida does not issue an open carry permit, and no license is needed if you meet the requirements above. Even so, keep a valid ID with you. Florida requires unlicensed concealed carriers to show ID when an officer asks, and the habit makes any encounter easier.
A license is optional, but it remains one of the biggest dividing lines in Florida gun laws:
| Issue | Without a License | With a Florida License |
| Carrying openly or concealed in Florida | Allowed if you meet the requirements | Allowed |
| Waiting period when buying a gun | Three days, not counting weekends and holidays, or until the background check clears | Generally exempt |
| Carrying in other states | Florida’s rules stop at the state line | Honored in many other states |
| Near a school under federal law | Risk of a federal violation within 1,000 feet | Generally covered by the federal license exception |
Can 18-Year-Olds Open Carry in Florida?
Generally, yes. In Eubanks, the appeals court held that making carriers wait until 21 violates the Second Amendment rights of adults 18 to 20. The state did not appeal, and Florida now accepts license applications from adults 18 and older. The statute still says 21, so expect some confusion until the Legislature updates it.
Carrying and buying are separate issues. Florida law bars anyone under 21 from purchasing a firearm, a rule a federal appeals court upheld in 2025. An 18-year-old may carry a gun he or she lawfully owns, such as one received as a gift, but cannot buy one. Minors under 18 generally cannot have a gun at all, except for hunting, supervised target shooting, or an unloaded gun at home.
Where You Cannot Open Carry in Florida
Florida law keeps a list of places where no one may carry a gun, openly or concealed. The ruling did not touch this list, and it applies with or without a license. Under Section 790.06(12), you cannot carry in:
- Law enforcement sites: Police, sheriff, and Highway Patrol stations, jails, and prisons.
- Courts: Courthouses and courtrooms, unless the judge allows it.
- Elections and government meetings: Polling places and meetings of a county, city, school board, special district, or the Legislature.
- Schools and colleges: School and college facilities, career centers, and school, college, or professional sporting events.
- Bars: The part of a business where drinking is the main activity, such as a restaurant’s bar area.
- Airports: The passenger terminal and secure area. Checking a gun as baggage in a proper case is allowed.
- Federal sites and nuisance properties: Places where federal law bans guns, and places declared a public nuisance.
Knowingly carrying in one of these places is usually a second-degree misdemeanor. Schools are treated more seriously, and carrying on school property can be a felony. Federal law adds a 1,000-foot zone around schools where carrying without a state license is generally illegal. That zone can cover sidewalks and streets you pass every day without noticing the school nearby.
Open Carry in Stores, Workplaces, and on Private Property
The ruling limits what the government can do, not what private owners do with their property. A store, restaurant, office, or landlord may ban guns entirely, ban only open carry, or allow both.
Policies also change. In September 2025, Publix said it would follow the new law, then later asked that only law enforcement carry openly in its stores. Check a business’s current policy instead of relying on what you heard last year. These are the main rules:
- Posted signs: In Florida, walking past a “no weapons” sign is generally not a crime on its own. It does tell you the owner does not want guns inside.
- Being asked to leave: If the owner or a manager tells you to leave and you refuse, you can be charged with armed trespass, a third-degree felony.
- Parking lots: Under Section 790.251, businesses generally cannot stop customers or employees from keeping a legally owned gun locked inside their own vehicle. Schools, prisons, and some secure sites are excepted.
- At work: A private employer can forbid employees from carrying on the job, openly or concealed.
- Your own property: Florida law has long allowed you to keep and carry a gun at your home and at your place of business.
Cars, Rifles, and Fishing Trips
Three everyday situations raise most of the questions gun owners ask, and each turns on a different part of the law.
Open Carry in a Car
If you meet the requirements to carry, you may carry your gun on your body inside your own vehicle, openly or concealed. If you do not meet them, a gun in the vehicle must be securely encased or not readily accessible. That means a glove compartment (locked or not), a snapped holster, a zipped gun case, or a closed box with a lid.
Either way, the car does not cancel the location rules, and schools and federal property have their own rules for guns in vehicles. A gun left in view on the seat while you run into a store also invites theft and a call to the police.
Rifles and AR-15s
The ruling covers every kind of firearm, so carrying a rifle or an AR-15 openly is treated like carrying a pistol. Florida does not ban semi-automatic rifles or require a separate permit for long guns.
In practice, a rifle draws far more attention than a holstered handgun. People who see one often call 911, and responding officers do not know your intentions. Walking through a shopping center with a long gun may be lawful, but it makes a tense encounter far more likely.
Fishing, Hunting, and Camping
Even before 2025, Florida allowed people to carry guns openly while fishing, camping, or hunting, and while traveling directly to or from those trips. That exception, in Section 790.25, remains in the statutes.
For most adults, it now matters less, because open carry is lawful anyway. It still matters for adults who may own a gun but do not meet every carry requirement, such as someone with a disqualifying recent misdemeanor. For them, a fishing trip can be one of the few times carrying is allowed.
How Lawful Open Carry Can Still End in an Arrest
Once open carry became lawful, the risk shifted from whether people can see the gun to what happens while you carry it. These charges can follow:
| Charge | What It Usually Involves | Possible Level |
| Improper exhibition | Showing a gun in a rude, careless, angry, or threatening way in front of others | First-degree misdemeanor |
| Aggravated assault with a firearm | Making someone fear violence while holding or pointing a gun | Third-degree felony, with a possible 3-year minimum under 10-20-Life |
| Using a gun while impaired | Firing a gun, or holding a loaded one in hand, while impaired by alcohol or drugs | Second-degree misdemeanor |
| Carrying under an injunction | Having a gun while subject to a final domestic violence or stalking injunction | First-degree misdemeanor |
| Felon in possession | Having a gun after a felony conviction | Second-degree felony |
A “man with a gun” call is a common way an ordinary errand turns into a police stop. If officers approach, keep your hands visible, do not reach for the firearm, and follow instructions. If the encounter leads to charges, our gun and weapons defense attorneys can review whether the stop and search were lawful.
Non-citizens face extra rules. Federal law generally bars people in the U.S. unlawfully, and most people on temporary visas, from having a gun at all. Even a green card holder can be deported after certain firearm convictions, so get advice on both criminal and immigration consequences before you carry or plead to anything.
Facing a Gun Charge? Talk to Weldon Law Group
Open carry in Florida rests on court rulings rather than a clear statute. That leaves room for honest mistakes by gun owners and officers alike. One misunderstanding can mean a felony charge, the loss of your gun rights, or, for non-citizens, a deportation case.
Weldon Law Group, PLLC defends people charged with weapons offenses in Jacksonville and across Northeast Florida. Before starting the firm, Attorney Ian Weldon served for more than ten years as a public defender in Jacksonville. Our criminal defense team works side by side with our immigration practice, and every client can be served in English or Spanish. Our work on firearm cases includes:
- Charge review: Checking whether the stop, search, and arrest followed the law.
- Eligibility questions: Reviewing your record before you carry, apply for a license, or buy a gun.
- Trespass and exhibition cases: Defending charges that grow out of disputes at businesses or in public.
- Immigration review: Checking any plea for its effect on a visa, green card, or citizenship application.
Book a free consultation with our Jacksonville firearm defense lawyers today.
Frequently Asked Questions
| Question | Answer |
| Do I have to tell a police officer that I am carrying a gun? | Florida has no law requiring you to volunteer that you are armed during a stop. If an officer asks, answer honestly. Many gun owners mention it calmly at the start, before any movement can be misread. |
| Can a Florida city or county ban open carry? | No. Under Section 790.33, the state controls firearm regulation, and local governments generally cannot pass their own gun rules. An official who knowingly passes or enforces an invalid local gun rule can face a fine of up to $5,000 and removal from office. |
| Can I open carry in a post office, federal building, or national park? | Not in a post office or most federal buildings, where federal law bans guns regardless of what Florida allows. National parks follow state law on their grounds, but guns stay banned inside park buildings such as visitor centers. |
| Can I open carry a knife in Florida? | Generally, yes. The old ban covered only firearms and electric weapons, so openly carrying a knife was never part of it. Concealing a knife other than a common pocketknife follows the same carry requirements as a gun, and the rules on threatening displays and school property apply as well. |
| Can I openly carry pepper spray or a stun gun? | Yes. Even under the old ban, Florida allowed people to openly carry a self-defense chemical spray or a nonlethal stun gun, and both may be carried concealed for self-defense. Schools and some other locations restrict electric weapons. |
| What happens to an old conviction for open carry? | The Attorney General’s office said it would stop defending open carry convictions on appeal but would not work to reverse past ones. Whether the ruling helps depends on where your case stands, so ask a lawyer about post-conviction relief, sealing, or expungement. |