Florida's First District Court of Appeal has officially struck down the state’s long-standing prohibition against openly carrying firearms, marking a historic shift in the legal landscape for gun owners. The ruling in McDaniels v. State affirms that Florida’s ban on open carry violates the Second Amendment of the United States Constitution, effectively making open carry legal throughout most public places in the state starting on September 25, 2025.

Court Ruling Expands Constitutional Protections

The court held that:

“The Second Amendment protects the rights of law-abiding citizens to openly carry firearms in public for lawful purposes.”

This decision invalidates Florida Statute § 790.053, which previously made it a second-degree misdemeanor to openly carry a firearm in public. As of September 25, 2025, individuals who are not otherwise prohibited from possessing a firearm—such as convicted felons or those subject to court restrictions; may now openly carry in public.

Exceptions Still Apply: Carrying in Certain Places Remains Illegal

Despite the ruling, not all locations are open carry zones. Florida Statute § 790.06(12) still prohibits carrying, openly or concealed, in the following areas:

  • Government buildings

  • Courthouses and courtrooms

  • Public schools and universities

  • Polling places

  • Airport terminals

  • Bars and establishments that serve alcohol for on-site consumption

Violation of these restrictions can result in a third-degree felony charge for armed trespassing under Florida Statute § 810.08(2)(c), which is punishable by up to 5 years in prison and a $5,000 fine.

Private Property Rights Remain Intact

Private businesses and homeowners retain the right to prohibit firearms on their property. If you are carrying and asked to leave, you must comply immediately. Failing to do so could also lead to armed trespass charges, even if you otherwise have the legal right to carry under Florida law.

Firearm Owners Urged to Understand Stand Your Ground Law

Musca Law urges all firearm owners to exercise extreme caution when carrying in public. Improper use or display of a firearm, particularly under a misunderstanding of Florida's Stand Your Ground Law, can still lead to criminal charges. Drawing or brandishing a weapon without legal justification may result in charges such as improper exhibition or aggravated assault.

Defense Attorneys Warn: Open Carry Is Legal, but Still Risky

“People think this ruling gives them a green light to carry anywhere,” said a spokesperson from Musca Law, a statewide criminal defense law firm. “But the law still has very clear boundaries. Just because you can carry openly doesn’t mean you’re protected from prosecution if you carry in the wrong place, ignore a no-carry request, or use your weapon unlawfully.”

Musca Law recommends speaking with one of their criminal defense attorneys if you’ve been charged with unlawful possession, improper display of a firearm, or armed trespass in light of the new ruling.

Were You Arrested While Open Carrying a Firearm in Florida?

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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with firearm-related crimes across Florida. With over 30 offices throughout the state, we serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.