2025 Changes to Florida's Open Carry Laws: Understanding Your Rights and Risks Under the Updated Gun Laws With a Florida Open Carry Defense Attorney
As a Florida criminal defense attorney, I've watched firearm legislation shift over the years. But in 2025, we saw one of the most significant changes to Florida's gun laws in over a decade. These changes didn't just affect how law enforcement handles firearm possession; they impacted the lives of everyday Floridians—law-abiding citizens who suddenly found themselves facing criminal charges for a misunderstanding or a moment of carelessness.
If you're accused of violating Florida's open carry laws, the consequences can be severe. I want to explain what changed in the law, what remains illegal, the defenses you might have, and why hiring an experienced private attorney can make all the difference.
What Changed in Florida's Open Carry Law in 2025?
In July 2025, following the Florida Supreme Court's decision in McDaniels v. State, lawmakers amended key sections of Florida's firearm statutes, especially Florida Statutes §§ 790.053 and 790.06(12). These updates aimed to clarify when and how firearms can be carried visibly without violating the law.
Florida Statute § 790.053 – Open Carrying of Weapons
This section previously stated:
"Except as otherwise provided by law, it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."
After the 2025 update, the statute was amended to include new exceptions and language to reflect constitutional carry provisions. However, despite changes, open carry is still generally prohibited in Florida, with limited exceptions.
Here's the current core text as of 2025:
"A person may not openly carry a firearm unless such carrying is otherwise permitted under this chapter, including but not limited to lawful self-defense, temporary incidental exposure, or when lawfully hunting, fishing, camping, or traveling to or from such activities."
That clarification—"temporary incidental exposure"—is a direct response to McDaniels, where the Court ruled that briefly and unintentionally exposing a concealed firearm (like lifting your shirt) doesn't rise to the level of unlawful open carry.
What is Still Illegal?
Even after the 2025 changes, Florida is not an "open carry" state in the general sense. It is still unlawful to walk around with your firearm visibly displayed on your hip or over your shoulder unless one of the narrow exceptions applies. Those include:
- Lawful hunting or fishing
- Camping
- Traveling to or from the above
- Self-defense in immediate circumstances
- Brief, unintentional exposure of a concealed firearm
If you openly carry your firearm outside these contexts, you can still face criminal charges—even if you had no intent to break the law.
Florida Statute § 790.06(12) – Prohibited Places
Even if you qualify to carry a weapon (openly or concealed), § 790.06(12) prohibits firearms in specific locations:
"No license issued shall authorize any person to carry a concealed weapon or firearm into:
(a) Any place of nuisance as defined in s. 823.05
(b) Any police, sheriff, or highway patrol station
(c) Any detention facility, jail, or prison
(d) Any courthouse
(e) Any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who may carry a concealed weapon in his or her courtroom…"
This list includes schools, polling places, government meetings, airport terminals, and more. Whether open or concealed, carrying in these zones can lead to additional charges.
The Impact of McDaniels v. State
The case that triggered these statutory changes involved a man whose concealed firearm briefly became visible while he adjusted his clothing in a public place. He was arrested and charged under § 790.053, despite not actively brandishing or displaying the weapon.
The Florida Supreme Court ruled that incidental, accidental, or brief exposure of a firearm does not constitute "open carry" under the statute's intent. That ruling forced lawmakers to reword the law to avoid future misapplications.
How We Defend These Cases
As a Florida open carry defense attorney, I've seen too many cases where good people are criminally charged for something they didn't intend. Here's how I approach these cases:
1. Incidental Exposure Defense
If your firearm became visible unintentionally (lifting your shirt, adjusting your waistband, etc.), the McDaniels precedent and new statutory language give us strong legal grounds to fight the charge.
2. Statutory Exceptions
Were you on your way to go fishing or returning from a hunting trip? Were you camping on private land? These exceptions are clearly written into the statute. If we can prove your activity fell within a legal exemption, the charge could be dismissed.
3. Fourth Amendment Issues
If law enforcement searched you or your vehicle without reasonable suspicion or probable cause, we may file a motion to suppress. Evidence collected through an illegal search cannot be used against you.
4. Lack of Criminal Intent
Florida's open carry law is not a strict liability statute. If we can show that you didn't intend to violate the law or had no knowledge that your firearm was exposed, it may support a favorable outcome.
Real Case Example: Charges Dropped After Proving Lawful Activity
I represented a young man in Marion County who was stopped near a lake with a fishing rod in his truck bed and a holstered firearm on his hip. An officer charged him with open carry. But under § 790.25(3)(h), the law specifically allowsopen carry when "engaged in fishing, camping, or lawful hunting or going to or returning from such activity."
We gathered photos of his fishing license, GPS history, and time-stamped photos on his phone to establish his purpose. After submitting a detailed motion to dismiss with statutory support, the prosecutor dropped all charges before trial.
Without private legal counsel, he might have accepted a plea out of fear, risking a permanent record and loss of firearm rights.
Why You Need a Private Attorney
Florida's gun laws are complicated. What might seem like a minor misunderstanding could lead to arrest, criminal charges, loss of your concealed carry rights, and even jail time. Law enforcement officers aren't always trained to apply firearm statutes fairly, and prosecutors often file charges first, sort out the facts later.
As your defense attorney, I dig into the law, the facts, and every available legal defense to protect your rights. I don't rely on public defenders juggling hundreds of cases. I treat your case like it's the only one I have. You need someone who'sfocused, aggressive, and strategic from the start.
Consequences of an Open Carry Conviction in Florida
If convicted under § 790.053, the penalties are real:
- First Offense: Second-degree misdemeanor
- Up to 60 days in jail and/or $500 fine
- Second Offense: First-degree misdemeanor
- Up to 1 year in jail and/or $1,000 fine
- Additional Consequences:
- Suspension of your concealed carry license
- Difficulty securing employment
- Immigration consequences for non-citizens
- Permanent criminal record
Even if you avoid jail, the record itself can haunt you for years. And with Florida's Stand Your Ground and concealed carry laws under constant political scrutiny, the stakes have never been higher.
Other Statutes You Should Know
- § 790.25(3)(h) – Legal open carry for those "engaged in fishing, camping, or lawful hunting or going to or from such activity."
- § 776.012 – Use of force in defense of person (Stand Your Ground). If a firearm is visible during lawful self-defense, that may be a defense to unlawful display.
- § 810.09 – Armed trespass. Even with a lawful carry, you can be charged if you're on private property with signs prohibiting weapons.
Florida Open Carry Defense Attorney FAQs
What is considered "temporary incidental exposure" under Florida law?
Temporary incidental exposure refers to moments where your concealed weapon becomes visible unintentionally and briefly—like when your shirt lifts while reaching for something or wind blows it upward. After the McDaniels decision, the law now makes clear that this type of exposure is not a criminal offense.
Can I open carry while walking to a lake to fish?
Yes, under § 790.25(3)(h), you may lawfully open carry while engaged in fishing or traveling to or from a fishing location. However, if you're not clearly doing so, the police might still stop or question you. That's where legal representation becomes crucial.
Is open carry legal at protests or political rallies?
No. Open carry at public demonstrations is prohibited. Even with constitutional carry laws expanding rights, open display of firearms at public protests may trigger unlawful display or disorderly conduct charges.
Do I need a concealed weapons license to carry in Florida?
As of July 2023, Florida enacted permitless concealed carry, allowing qualified individuals to carry without a license. However, open carry is still limited to specific exceptions. Don't confuse the two.
What happens if I carry in a restricted location like a courthouse or school?
Carrying a firearm in a restricted location can lead to additional charges beyond unlawful open carry. Depending on where you are, you could face a felony charge under § 790.06(12), even if your initial carry was legal.
Can my open carry charge be dropped or reduced?
Yes. If you fall under a statutory exemption or if your weapon was briefly exposed unintentionally, we can often getcharges dropped or reduced. I've had numerous cases dismissed by proving legal activity or arguing a lack of intent.
Should I talk to the police if I'm stopped while openly carrying?
No. Always stay respectful, but do not explain, justify, or argue. Anything you say can and will be used against you. Politely request an attorney and contact a defense lawyer immediately.
Call Our Florida Open Carry Defense Attorney Today
If you've been charged under Florida's open carry laws—or fear you might be—I'm here to help. I know the statutes. I know the courts. And I know how to fight these cases strategically.
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 in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.