Florida Open Carry Ruling 2025: What You Need to Know

McDaniels v. State Changes Florida Gun Law — Updated December 2025

Florida’s gun laws have changed. On September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), struck down Florida’s decades-old ban on openly carrying firearms. The Attorney General has declined to appeal, which means the ruling stands: open carry is now legal in Florida.

However, this does not mean you can carry a firearm everywhere. Significant restrictions remain under Florida Statute 790.06(12) and federal law. Understanding where you can and cannot carry is essential to avoiding arrest.

At The Brancato Law Firm, 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 now stands—and to remind you that if you are arrested under Florida’s gun laws, your rights deserve a strong defense. We are your Tampa Gun Crimes Law Firm.

What the Court Decided in McDaniels v. State

The First District Court of Appeal struck down Florida’s open carry ban, finding it violated the Second Amendment. The court’s reasoning:

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

This decision was guided by the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, which established that gun regulations must be consistent with the nation’s historical tradition of firearm regulation.

What Was the Old Florida Open Carry Law?

Since 1987, Florida law made it a crime to openly carry a firearm in public. Violations could result in up to 60 days in jail and fines. The only exceptions were narrow—such as while hunting, fishing, or camping, or while traveling to and from those activities.

That law is now unconstitutional. Floridians may openly carry firearms in public, subject to the location restrictions that still apply.

Where You Still Cannot Carry a Firearm

Open carry is now legal, but location restrictions remain in full effect. Under Florida Statute 790.06(12) and federal law, carrying a firearm in any of the following locations can still lead to arrest:

Private Property Rules

Private business owners can set their own rules regarding firearms. If a business posts “No Firearms” signs or asks you to leave, you must comply. Refusing to leave after being asked can result in trespass charges—even if you are otherwise carrying legally.

Who Still Cannot Carry a Firearm

The McDaniels ruling changed how you can carry, not who can carry. The following individuals remain prohibited from possessing firearms under Florida and federal law:

• Convicted felons (F.S. 790.23)
• Individuals under 21 years of age
• Chronic or unlawful users of controlled substances
• Individuals subject to domestic violence injunctions (F.S. 790.233)
• Individuals adjudicated mentally defective or Baker Act committed
• Individuals subject to active Risk Protection Orders (F.S. 790.401)

Frequently Asked Questions

Is open carry now legal in Florida?

Yes. Following the McDaniels v. State ruling and the Attorney General’s decision not to appeal, open carry is now legal in Florida. However, location restrictions under F.S. 790.06(12) still apply.

Can I carry in a bar or nightclub?

No. Firearms remain prohibited in any portion of a business licensed to serve alcohol for on-site consumption.

Can I carry at schools or school events?

No. You cannot carry at elementary, middle, or high schools, their administration buildings, or school sporting events. Colleges and universities are also off-limits.

Can I carry at a courthouse or government meeting?

No. Courthouses, courtrooms, polling places, and government board meetings remain prohibited locations.

What about airports?

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

What if I accidentally walk into a prohibited location?

Ignorance of the law is not a defense. You could still face arrest. Always know where you can and cannot carry before doing so.

What if a private business does not allow firearms?

Private business owners can prohibit firearms on their property. If asked to leave, you must comply or risk trespass charges.

Arrested for a Gun Offense in Tampa?

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

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

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties