Where Can You Carry a Gun in Florida in 2026? Open Carry After McDaniels

Updated October 22, 2026

If you were arrested in Tampa for carrying a gun in the wrong place, or you want to avoid that arrest, the rules below are what matter. The law changed twice in two years. Florida allowed permitless concealed carry starting July 1, 2023, and the open carry ban fell in September 2025. Many gun owners now believe they can carry anywhere, and that belief is behind a steady stream of arrests. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, and our attorneys defend gun charges ranging from carrying in a prohibited place to possession of a firearm by a convicted felon.

Our firm does not take sides on whether these changes are good policy. Our job is to explain the law as it stands and to defend people charged under it.

Is open carry legal in Florida in 2026?

Yes. On September 10, 2025, the First District Court of Appeal decided McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), an appeal from an Escambia County conviction for openly carrying a firearm. The court applied the U.S. Supreme Court’s test from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), which asks whether a gun regulation fits the nation’s historical tradition. The court held that section 790.053, Florida Statutes, the open carry ban, violates the Second Amendment for “ordinary, law-abiding, adult citizens.” The opinion states: “Section 790.053, Florida Statutes, is therefore declared unconstitutional.”

The court added a limit that matters in practice: “That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”

The Attorney General did not seek rehearing or Florida Supreme Court review. His September 15, 2025 guidance memo called the decision “the law of the State” and said his office would “no longer defend convictions and prosecutions under Section 790.053(1).” The same memo said the felon ban, improper exhibition, the sensitive-place limits “whether carry is open or concealed,” and armed trespass all remain in force.

One technical point. Section 790.053 is still printed in the 2026 Florida Statutes, because the Legislature has not repealed it. Bills to rewrite the carry laws after McDaniels, including HB 321 and SB 406, died in committee in March 2026. The statute is unenforceable because of the court ruling, not because of a change in the text.

Do I need a permit to carry a gun in Florida?

No, not for most adults. Since July 1, 2023, section 790.01, Florida Statutes allows a person to carry a concealed firearm without a license if he or she meets the criteria for a license under section 790.06. A person who carries a concealed firearm without meeting those criteria commits a third-degree felony.

Permitless carriers have two obligations under section 790.013, Florida Statutes. They must carry valid identification and show it to an officer on demand, and failing to do so is a noncriminal violation with a $25 fine. They are also bound by the same prohibited places as license holders.

Many Floridians still carry a license, which matters for carrying in other states. According to the Florida Department of Agriculture and Consumer Services, 2,372,712 people held a Florida concealed weapon or firearm license as of August 31, 2025, including 127,042 in Hillsborough County, 81,306 in Pinellas County, and 64,759 in Pasco County.

Where is it illegal to carry a gun in Florida?

It is illegal to carry a firearm, openly or concealed, into the 15 categories of places listed in section 790.06(12)(a), Florida Statutes. A knowing and willful violation is a second-degree misdemeanor under section 790.06(12)(d).

Under section 790.06(12)(b), a person may still carry or store a firearm in a vehicle for lawful purposes. The federal ban in item 15 includes federal facilities and federal courthouses under 18 U.S.C. § 930.

In Tampa, the prohibited places that catch people most easily are the ones they pass through without thinking: the Hillsborough County Courthouse security line, the passenger terminal at Tampa International Airport, a bar area at a restaurant, and Raymond James Stadium on game day. Our post on carrying a gun at a Tampa Bay Buccaneers game covers the stadium in detail.

What about schools and private businesses?

Schools have their own statute. Under section 790.115, Florida Statutes, possessing a firearm on school property, at a school-sponsored event, on a school bus, or at a school bus stop is generally a third-degree felony, but it is a second-degree misdemeanor for a person otherwise authorized to carry under section 790.01. There is an exception for a firearm kept in a vehicle under section 790.25. A common misconception is that Florida bans possession within 1,000 feet of a school. It does not. The 1,000-foot rules cover displaying a weapon in a threatening manner and discharging a firearm.

Private property owners set their own rules. If a business tells you to leave because you are armed and you stay, you can be charged with trespass, and armed trespass is a felony under section 810.08, Florida Statutes. Open carry also does not permit showing a firearm “in a rude, careless, angry, or threatening manner,” which is improper exhibition under section 790.10, Florida Statutes.

Who still cannot carry a gun in Florida?

McDaniels changed how eligible adults may carry, not who may carry. Florida and federal law still bar these groups from possessing firearms:

The felon ban does not apply to a person whose civil rights and firearm authority have been restored. Our firm does not handle restoration petitions, but we explain the process in Can a Convicted Felon Own a Gun in Florida? For marijuana users, see Can You Own a Gun If You Use Marijuana in Florida?

Can 18 to 20 year olds carry a gun in Florida?

The answer changed in 2026 and depends on what the person wants to do. Florida still bans people under 21 from buying a firearm from a dealer under section 790.065(13), Florida Statutes. The full Eleventh Circuit upheld that ban in National Rifle Association v. Bondi, 133 F.4th 1108 (11th Cir. 2025) (en banc), and the U.S. Supreme Court declined to review it on June 30, 2026. A bill to lower the purchase age to 18, HB 133, passed the Florida House and died in the Senate in March 2026.

Carrying is different. In Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA June 17, 2026), the Fourth District held that the age-21 requirement for a concealed carry license in section 790.06(2)(b) is “facially unconstitutional as it applies to people aged 18 to 20.” Because permitless carry under section 790.01 borrows the license criteria, Eubanks affects who can carry without a license as well. The law in this area is unsettled, and anyone between 18 and 20 should get advice before carrying.

What do researchers say about Florida’s carry laws?

Researchers are still studying the effects. RAND’s January 2026 review, The Science of Gun Policy, Fifth Edition, rates the research evidence on concealed carry laws and other gun policies by strength and is one of the most widely cited neutral summaries. For defendants, the research matters less than the statute book. Prosecutors charge what the law says, and the law is changing faster than most gun owners can follow.

How do our attorneys defend Florida gun charges?

Our attorneys defend Florida gun charges by testing every element the State has to prove: that the person possessed the firearm, knew it was there, was in a prohibited place or was a prohibited person, and was lawfully stopped and searched. Visit our Tampa gun crimes attorney page for more. Common defenses include:

1. Unlawful stop or search. A carry arrest often begins with a traffic stop or a pat-down. If the stop or search violated the Fourth Amendment, a motion to suppress can remove the firearm from evidence.
2. Constructive possession. When a gun is found in a shared car or home, the State must prove the person knew of it and could control it.
3. The location was not on the list. The statute is specific. A restaurant dining room is not the bar area, and a parking lot is not the terminal.
4. Knowing and willful. The section 790.06(12) misdemeanor requires a knowing and willful violation.
5. Lawful vehicle carry. Section 790.06(12)(b) protects carrying or storing a firearm in a vehicle for lawful purposes.

These defenses work. In January 2025, our firm obtained dismissal of both a cocaine charge and a firearm charge within days after low bonds at first appearance and quick work with the intake prosecutor. In September 2026, a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia was accepted into diversion after a mitigation report and a possession motion, avoiding a felony and likely deportation. See our case results page. Past results do not guarantee future outcomes. For an overview of every Florida gun offense, read What Are the Gun Crime Laws in Florida?

Frequently asked questions about carrying a gun in Florida

Can I open carry a gun in my car in Florida?

Yes. A person may carry or store a firearm in a vehicle for lawful purposes under section 790.06(12)(b), and eligible adults may now carry openly after McDaniels. The Brancato Law Firm sees many arrests that begin with a traffic stop, so we review the stop and any search first.

Can a convicted felon open carry in Florida?

No. A convicted felon may not possess any firearm, openly or concealed, unless civil rights and firearm authority have been restored, and possession is a second-degree felony under section 790.23. Our attorneys at The Brancato Law Firm defend felon-in-possession charges, often by challenging whether the State can prove knowing possession. Learn more on our Tampa gun crimes defense page.

Can I carry a gun into a restaurant that serves alcohol in Florida?

You may carry in the dining area, but not into the part of the establishment that is primarily devoted to serving alcohol on premises, under section 790.06(12)(a)12. The Brancato Law Firm has seen this line drawn differently by different officers, which is why the layout of the business matters in a defense.

Can I bring a gun to Tampa International Airport?

You may carry an encased firearm to check as baggage, but you may not carry a firearm inside the passenger terminal or sterile area under section 790.06(12)(a)14. Our attorneys at The Brancato Law Firm defend travelers whose firearm was found at a checkpoint, where federal and state consequences can overlap.

Is the McDaniels open carry ruling binding in Hillsborough County?

Yes, for now. Under Florida law, a district court of appeal decision binds trial courts statewide unless another district disagrees, and no other district has disagreed with McDaniels, although the Second District has not yet ruled on the question. The Brancato Law Firm tracks these appellate decisions because they decide which charges can still be filed.

What happens if I carry a gun into a prohibited place by mistake?

The section 790.06(12) offense requires a knowing and willful violation, so a true mistake is a defense, although the State will argue the signs or circumstances gave notice. Our attorneys at The Brancato Law Firm investigate signage, layout, and what the client was told before the arrest. Read our pre-file advocacy page to learn how we can intervene before a charge is filed.

Charged with a gun crime in Tampa?

Gun charges move quickly, and the first decisions about bond and filing are made within days of the arrest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato. Our attorneys can appear at first appearance, contact the assigned prosecutor before charges are filed, and start testing the stop and search right away. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Learn about our Spanish and Haitian Creole criminal defense.

For more about our defense strategies, visit our Tampa Gun Crimes Defense page.

The Brancato Law Firm, P.A.

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

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.