Understanding Florida’s Open Carry Law Changes and Your Rights with a Florida Gun Crime Defense Attorney

As a Florida criminal defense attorney, one of the most common questions I hear from clients and concerned gun owners is whether open carry is now legal in Florida. The confusion stems from the recent decision in McDaniels v. State, which many people assume completely changed Florida’s firearms laws. While this ruling clarified important constitutional issues, it did not create unlimited rights to openly carry a firearm.

The reality is that Florida law still restricts where and how a person may carry a firearm in public. If you misunderstand these laws, you could find yourself facing serious criminal charges. My role as your defense attorney is to help you understand what the statutes really say, how the courts interpret them, and what defenses you may have if you are arrested.

Florida’s Open Carry Statute

Florida Statute § 790.053(1) states:

“Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm… to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.”

This statute has been the central law governing open carry in Florida. The rule is clear: open carry is generally prohibited unless you fall into one of the narrow statutory exceptions.

What McDaniels v. State Actually Decided

The Florida Supreme Court in McDaniels v. State addressed whether Florida’s open carry ban violated the Second Amendment. The Court ultimately held that while the right to bear arms is constitutionally protected, the state can regulate how firearms are carried.

The Court reasoned that Florida’s ban on open carry is not unconstitutional because individuals still have the ability to carry firearms through concealed carry permits and specific statutory exceptions, such as while hunting, fishing, or camping under Florida Statute § 790.25(3).

This means that McDaniels v. State did not eliminate the open carry ban. Instead, it reaffirmed the state’s authority to limit open carry while preserving some rights under specific conditions.

Practical Changes After McDaniels

The decision caused widespread misunderstanding. Many people incorrectly believe Florida is now an open carry state. In reality, the decision only confirmed that the ban is enforceable and constitutional.

The practical impact is that police continue to arrest individuals for openly carrying firearms outside of the permitted circumstances. However, the case also made it clear that courts must carefully evaluate whether someone falls into one of the statutory exceptions before upholding a conviction.

Where Open Carry Is Still Restricted

Even after McDaniels, Florida law maintains strong restrictions. Open carry remains illegal in:

  • Businesses unless you qualify for a statutory exception.

  • Schools, courthouses, and government buildings under § 790.06(12).

  • Bars and other establishments licensed to serve alcohol under § 790.06(12)(a).

  • Any area deemed a “prohibited place” under Florida law.

The exceptions under § 790.25(3) allow open carry in very limited circumstances, such as:

  • While hunting, fishing, or camping, or while traveling to or from such activities.

  • While engaging in target shooting at a designated range.

  • While lawfully using firearms for self-defense on your own property.

Outside of these exceptions, open carry is a criminal offense.

Penalties for Violating Florida’s Open Carry Law

Under § 790.053, unlawful open carry is a second-degree misdemeanor, punishable by:

  • Up to 60 days in jail

  • Up to 6 months probation

  • A $500 fine

While this may sound minor compared to other firearm crimes, any conviction involving firearms can seriously damage your record, result in the loss of your concealed carry license, and affect employment opportunities.

Defenses to Open Carry Charges

As your defense attorney, I explore every possible defense. Some of the most effective defenses include:

  • Statutory Exception – proving you were lawfully hunting, fishing, camping, or traveling to or from these activities.

  • Constitutional Challenge – arguing your rights were violated under the Second Amendment or the Florida Constitution.

  • Improper Stop or Search – suppressing evidence if police detained or searched you without legal justification.

  • Lack of Intent – demonstrating that the firearm was briefly displayed without intent to carry it openly.

By carefully reviewing the facts, I can determine the strongest strategy to either get the charge dismissed or negotiate a reduction in penalties.

A Real Case Example

I once represented a young man who was arrested after openly carrying his handgun while walking from his vehicle to a fishing pier in South Florida. Police claimed he was in violation of the open carry statute.

We presented evidence showing that he was lawfully engaged in fishing and therefore protected under § 790.25(3)(h). The judge agreed and dismissed the charges entirely.

This case demonstrates how important it is to have a private attorney who understands not only the statutes but also the way courts apply them. Without proper legal representation, my client could have been convicted of a firearms offense that would have followed him for life.

Why You Need a Private Attorney

Every section of Florida’s gun laws is packed with exceptions, cross-references, and restrictions. A misunderstanding can turn a lawful act into a criminal charge. Prosecutors will not go out of their way to interpret the law in your favor.

A private defense attorney can:

  • Investigate whether you qualify for statutory exceptions.

  • Challenge the legality of police conduct.

  • Negotiate with prosecutors for reduced penalties.

  • Present strong constitutional arguments in court.

Your freedom and your rights are too important to leave to chance.

Related Florida Firearm Statutes

In addition to § 790.053, other important statutes include:

  • § 790.06 – Concealed Weapons Licensing

  • § 790.25 – Lawful Ownership, Possession, and Use of Firearms

  • § 790.10 – Improper Exhibition of a Firearm

  • § 790.115 – Possession on School Property

Together, these statutes create a complex framework that requires legal interpretation in each case.

Florida Gun Crime Defense FAQs

Is open carry now legal in Florida after McDaniels v. State?
No, open carry is still generally illegal. The McDaniels ruling upheld the state’s authority to restrict open carry. It clarified constitutional issues but did not repeal the ban.

When can I legally open carry in Florida?
You may openly carry a firearm while hunting, fishing, camping, traveling to or from these activities, or at a designated shooting range. You may also lawfully possess a firearm on your own property. Outside of these exceptions, open carry remains prohibited.

What happens if I am arrested for open carry?
You face a second-degree misdemeanor charge, up to 60 days in jail, probation, fines, and possible loss of your concealed carry license. An attorney can often reduce or dismiss these charges by proving you fell under an exception or challenging the legality of your arrest.

Can police stop me just for carrying a gun?
Police must have reasonable suspicion that you are violating the law. If you are open carrying while fishing, for example, but police stop you without cause, your attorney can argue the stop was unlawful and seek dismissal of the evidence.

Does McDaniels make it easier to challenge open carry charges?
Yes. The ruling confirmed that courts must carefully consider constitutional arguments and statutory exceptions. This means a strong legal defense can make the difference between conviction and dismissal.

Can I lose my concealed carry license for an open carry violation?
Yes, a conviction may result in suspension or revocation of your license. Protecting your record is essential if you wish to keep your gun rights in Florida.

Why do I need a Florida Gun Crime Defense Attorney if it is just a misdemeanor?
Because a misdemeanor firearm conviction can still haunt you for life. Employers, landlords, and licensing agencies may see it as a red flag. An attorney can fight to keep your record clean.

What should I do if I am charged with unlawful open carry?
Do not make statements to police without a lawyer present. Contact a defense attorney immediately. Quick legal action can make a big difference in the outcome of your case.

Call Our Florida Gun Crime Defense Attorney

If you or someone you love has been charged with unlawful open carry or any firearm-related offense, you need an experienced Florida Gun Crime Defense Attorney on your side. The laws are complex, and prosecutors will not hesitate to pursue a conviction.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 30 office locations throughout the state of Florida and serve all counties, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.