Florida Court Strikes Down Open Carry Ban
- Daveta Williams, Esquire
- Sep 23
- 3 min read
Florida Court Strikes Down Open Carry Ban
By: Attorney Daveta Williams
A major legal shift has taken place in Florida: the state’s longstanding ban on openly carrying firearms has been struck down by the courts. If you’re a Florida resident, gun owner, or simply want to stay informed about your rights and responsibilities, here’s a clear breakdown of what happened and what it means going forward.
The Recent Ruling
On September 10, 2025, Florida’s First District Court of Appeal issued its decision in McDaniels v. State. On July 4, 2022, McDaniels stood at a major intersection in downtown Pensacola holding a copy of the U.S. Constitution in one hand, waving at passing vehicles with the other. He was wearing a loaded handgun, holstered inside his pants. The holstered firearm was plainly visible to passerby. He was not threatening anyone. McDaniels had a valid Florida Concealed Carry Permit. He showed it to the officers when they arrived and cooperated with their requests for identification. They removed his firearm and returned his holster. A warrant was issued later for his arrest for carrying a concealed weapon under Florida Statute 790.053. He was convicted of the crime, to which he appealed.
The First District Court of Appeals ruled that Florida’s statute banning the open carry of firearms (Fla. Stat. § 790.053) violates the Second Amendment of the U.S. Constitution. The judges found that Florida’s blanket ban on open carry lacked such historical support.
The Statute at Issue
Florida Statute § 790.053(1) previously made it unlawful for anyone to openly carry a firearm, with limited exceptions (such as hunting, fishing, camping, or law enforcement). Violations were punishable as a second-degree misdemeanor. With this ruling, that provision is no longer enforceable.
What This Means Right Now
Open carry is now permitted in Florida. The Florida Attorney General has issued guidance that prosecutions under § 790.053 should not continue.
Other firearm restrictions still apply. This ruling does not mean you can carry a firearm everywhere. Places such as schools, courthouses, polling places, government meetings, and airport terminals remain off-limits for both open and concealed carry under other statutes.
Private property rights remain intact. Business owners and property owners may prohibit firearms on their premises. If asked to leave or disarm, you must comply.
Federal restrictions still apply. Locations restricted under federal law—such as post offices and federal buildings—remain firearm-free zones.
Key Takeaways for Floridians
Open carry is legal under current law following the court’s ruling.
Know your limits: schools, courthouses, polling places, and similar sensitive areas are still off-limits.
Respect private property rights: businesses can still say “no guns allowed.”
Stay informed: the legal situation may continue to evolve as other statutes are challenged in the future.
Frequently Asked Questions
Can I open carry in my car?Yes, you may openly carry a firearm in your car. However, you must still follow general firearm safety laws and avoid reckless display or use of the weapon.
Can I open carry in another state with my Florida license?No. Each state sets its own firearm laws. While Florida now allows open carry, there are other states that still prohibit it. Always check the laws of the state you are traveling to.
Do I still need a concealed carry permit?Florida recently adopted permitless concealed carry, so a license is not required for carrying concealed or openly. However, a permit can still be beneficial for reciprocity when traveling to other states.
What happens if a business posts a “No Firearms” sign?You must comply. Refusing to do so may lead to trespassing charges and possible arrest.
Can law enforcement stop me just for openly carrying?Officers may approach to confirm you are carrying legally, but open carry itself is not grounds for arrest under the current ruling. Always remain respectful and cooperative.
What to Do If You’re Stopped by Police While Open Carrying
Stay calm and respectful. Keep your hands visible and avoid sudden movements.
Comply with requests. If asked for identification or your firearm license (if applicable), provide it promptly.
Do not argue roadside. If there’s a dispute about the legality of your open carry, the best approach is to comply and seek legal remedies later with an attorney.
Know your rights. While open carry is legal under current law, officers may still check to ensure you are not in a restricted area or prohibited category.
Seek legal counsel if cited or arrested. Even with the ban struck down, mistakes in enforcement can happen. An experienced attorney can help protect your rights.
At DWH Law, we believe education is the best tool for responsible firearm ownership. We will continue to monitor legal developments and provide clear updates to help you understand your rights and obligations under Florida law.
Disclaimer: This post is for educational purposes only and should not be considered legal advice. Contact Attorney Williams for Your Free Consultation. Call 407-906-7423 today!
