Florida Open Carry Ruling 2025: What You Need to Know

Florida’s gun laws may be changing. On September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025) issued the Florida open carry ruling 2025, striking down the state’s ban on openly carrying firearmsOpinion_2023-0533.

But before you strap on a holster, there’s an important detail: this ruling is not final until September 25, 2025. That’s the last day for the State to file a rehearing request or appeal to the Florida Supreme Court. Until then, the old law still applies statewide.

At The Brancato Law Firm, P.A., our goal is not to take sides on whether this change is good or bad. Our focus is on making sure you understand the law as it stands today — and to remind you that if you are arrested under Florida’s gun laws, your rights matter and deserve a strong defense. We are your premier Tampa Gun Crimes Law Firm.

What Was the Old Florida Open Carry Law?

Since 1987, Florida law made it a crime to openly carry a gun in public. Breaking the law could mean up to 60 days in jail and fines. The only exceptions were narrow ones, such as while hunting or fishing.

For background, see the Florida Supreme Court’s earlier decision in Norman v. State here.

What Did the Court Decide in 2025?

The appeals court struck down the ban, finding it violated the Second Amendment. Judges explained that:

• The Constitution protects both open and concealed carry.
• History shows open carry was the traditional and accepted way of bearing arms.
• Florida’s law went too far by banning it altogether.

This decision was guided in part by the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. You can read a summary of that case on SCOTUSblog.

When Does the Florida Open Carry Ruling 2025 Take Effect?

This is the part that matters most:

• The decision is not final until September 25, 2025.
• Until then, Florida law enforcement can still arrest people for openly carrying a firearm.
• If the State appeals, the issue could remain unsettled for months — or even years — until higher courts rule.

Where You Still Cannot Carry

Even if the ruling eventually takes effect, some places will always remain off-limits for firearms under Florida Statute 790.06(12) and federal law. Carrying a gun in any of the following locations can still lead to arrest:

• Police, sheriff, or highway patrol stations
• Detention facilities, prisons, or jails
• Courthouses and courtrooms
• Polling places
• Meetings of county, city, or school boards
• Meetings of the Legislature or legislative committees
• Schools (elementary, middle, high school) and their administration buildings
• Colleges and universities (except in narrowly approved cases)
• School, college, or professional athletic events not related to firearms
• Career centers
• Any portion of a bar or nightclub licensed to serve alcohol for consumption on-site
• Inside airport terminals beyond security checkpoints
• Federal facilities such as post offices and federal courthouses

FAQs About Carrying After the Florida Open Carry Ruling 2025

Can I carry in a bar or nightclub?

No. Firearms are banned in any part of a business licensed to serve alcohol for drinking on-site.

What about schools and school events?

You cannot carry at elementary, middle, or high schools, or inside their administration buildings. You also cannot carry at school sporting events.

Can I carry at college or university campuses?

No. Firearms are prohibited in all college and university facilities, unless specifically authorized for a program or stored in an approved location.

Can I carry at a courthouse or government meeting?

No. Courthouses, courtrooms, polling places, and government board meetings are all off-limits.

What about airports?

You cannot carry inside passenger terminals beyond TSA checkpoints. Firearms must be checked in properly if you are flying.

What if a private business owner does not allow firearms?

Private business owners can set their own rules. If a business posts “No Firearms” signs or asks you to leave, you must comply. Refusing to leave can lead to trespass charges, even if you are otherwise carrying legally.

What if I accidentally walk into a sensitive place?

Ignorance of the law is not a defense. You could still face arrest. Always know the rules before carrying.

Stay Informed and Stay Safe

The Florida open carry ruling 2025 is a major development, but it is not final until September 25, 2025. Until then, the old law remains in effect. Even after the ruling takes hold, sensitive places and private property restrictions will continue to apply.

The purpose of this update is not to argue whether the law is right or wrong. It is to give Floridians clear information about what the courts have decided, what the law says today, and where things may be headed.

The Brancato Law Firm, P.A. Protects Your Rights

If you or someone you care about is arrested under Florida’s gun laws — whether for open carry, concealed carry, or another firearm-related offense — you still have rights. And those rights are worth fighting for.

At The Brancato Law Firm, P.A., attorney Rocky Brancato brings over 25 years of trial experience to every case. We do not take a position on whether new laws are “right” or “wrong.” Our job is to stand with you in court and fight back if your constitutional rights are violated.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a confidential consultation.