Florida’s open carry gun laws changed dramatically in September 2025, after a state appeals court struck down the decades-old ban on openly carrying firearms in public. The ruling takes immediate statewide effect, with law enforcement throughout Florida directed to stop enforcing the open carry ban for law-abiding adults.
The Court Decision That Changed Everything
On September 10, 2025, a panel of judges from Florida’s First District Court of Appeal ruled in favor of the Second Amendment, declaring the state’s open carry ban unconstitutional. The case—McDaniels v. State—centered on a Pensacola man who was arrested for openly carrying a holstered pistol. His conviction was overturned, with the court holding that history and the Constitution support an individual’s right to carry a firearm openly. The court’s decision was binding, triggering immediate changes in how firearms may be carried across the state.
Florida Attorney General James Uthmeier confirmed open carry is now “the law of the state.” Guidance was sent to law enforcement and prosecutors statewide to refrain from arresting or prosecuting law-abiding citizens who openly carry their firearms, provided they follow other regulations. The attorney general also noted that this right is not unlimited and remains subject to reasonable restrictions.
Open Carry Gun Law in Florida
While the open carry gun law has changed for adults, the law, Florida Statute 790.06, maintains important exceptions and restricted areas. You cannot openly carry firearms in the following locations:
- Police stations and sheriff’s offices
- Jails, prisons, and detention facilities
- Courthouses and courtrooms
- Schools, colleges, and universities
- Polling places
- Airport passenger terminals
- Government meetings
- Bars and establishments primarily devoted to alcohol sales
- Private businesses where firearms are prohibited
Under the new interpretation of the open carry gun law in Florida, private property owners and businesses can still prohibit firearms on their premises. Gun owners who refuse to leave when asked can face criminal trespass charges. Florida’s law continues to recognize and protect the rights of property owners and maintain certain restrictions for public safety.
How an Orlando Gun Charges Attorney Can Help You
If you’re facing charges related to firearm carry in Orlando—or if law enforcement has misinterpreted these rapid changes to Florida open carry gun laws—a skilled Orlando criminal defense attorney is your advocate and guide. As the law transitions, police and prosecutors may still be working to interpret the new rules, and misunderstandings are likely.
An Orlando open carry attorney can:
- Review whether any charges brought against you are now invalid under the recent court ruling
- Challenge arrests for open carry outside restricted areas
- Defend against related charges, such as improper exhibition, trespass, or possession in prohibited places
- Seek dismissal of pending cases under the new law
- Advise on the safest and most lawful ways to exercise your right to open carry
Legal representation is crucial as Florida’s open carry laws continue to develop. A knowledgeable Orlando gun rights lawyer can protect your rights, manage your case, and ensure you do not face penalties for activities now recognized as lawful.
Understanding Concealed Carry and Eligibility
Permitless concealed carry remains in effect in Florida, allowing most adults to carry concealed firearms without a permit. Open carry is now permitted, but eligibility and responsible practices remain important. To lawfully carry a firearm—openly or concealed—individuals must:
- Be over the age of 21 (with exceptions for military)
- Be a U.S. citizen or permanent resident
- Have no disqualifying criminal convictions or pending domestic violence injunctions
- Not be prohibited from purchasing firearms under state or federal law
Responsible gun ownership and safe handling are always required. Displaying a weapon in a threatening or careless manner is still against the law.
Why You Need a Lawyer for Open Carry Cases
It’s difficult to keep up with Florida open carry gun laws. Law enforcement may be uncertain after the ruling, and misunderstanding the boundaries of legal open carry can still result in criminal charges.
Speak to an Orlando gun charges attorney if:
- You were arrested or cited before or after the court ruling on Florida’s open carry gun law.
- You are confused about where open carry is permitted
- You face related charges—such as carrying in a prohibited location or improper display of a weapon
Experienced defense attorneys can challenge unlawful arrests, seek dismissals for outdated charges, and advocate for your Second Amendment rights in light of these legal changes to Florida’s open carry gun law.
Free Consultation—Protect Your Rights Today
If you or a loved one are facing gun-related charges or have questions about Florida’s open carry gun laws, get help from an Orlando firearms lawyer. Stay informed about your rights and responsibilities—and ensure your Second Amendment legal protection as the law continues to evolve.
Frequently Asked Questions
Can I open carry anywhere in Florida now?
No. While open carry is now legal in many public settings, numerous restrictions remain—including schools, courthouses, bars, government buildings, and private property where prohibited. Always check for posted signs and follow local rules.
Do I need a permit under the new interpretation of the open carry gun law in Florida?
No permit is required to openly carry firearms in Florida for law-abiding eligible adults. However, eligibility rules still apply, and open carry is not allowed in certain restricted places.
What should I do if I’m arrested for open carry?
Do not make statements to law enforcement. Contact an experienced Orlando criminal defense attorney immediately to protect your rights and challenge potentially unlawful charges.
Call 407-644-2466 to speak with an experienced and aggressive Orlando gun charges lawyer at the Rivas Law Firm.
