The Florida State Supreme Court has ruled Florida's open carry ban to be unconstitutional.

Waiting to see what happens next.

We have had legal open carry in VA forever. I open carried a Glock 17 for about two years before I got a CHP. Surprisingly, it did not attract a lot of notice, and I never got trespassed for doing so.

Rifles, in fact, are open carry only. I always see at least a couple of guys OC'ing ARs at 2A events and gun shows.

That’s good news! Appeals court though.

Florida had open carry until 1987 when concealed carry was passed and Janet Reno lobbied to make open carry illegal.

UPDATE: Florida attorney general declares open carry the "law of the state."

Open carry is now the law in Florida, according to state Attorney General James Uthmeier, following a Sept. 10 appeals court decision.

"I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State," Uthemier posted on X on Sept. 15. "Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts.

"Meaning that as of last week, open carry is the law of the state," he said.

While the law remains on the books absent legislative action, it's been rendered moot without enforcement.

Last week, a three-judge panel in the 1st District Court of Appeal declared that Florida's law blocking open carry was unconstitutional and a violation of the Second Amendment. Sheriffs in several counties across Florida including Escambia, Santa Rosa, Volusia, Flagler, Polk and more, and a few police departments, quickly announced they would not enforce the ban.

Technically, the 1st District Court of Appeal's decision only applied to the 32 north Florida counties of the 1st District and does not go into effect until Sept. 25, but the Florida Sheriffs Association advised all 67 county sheriffs not to arrest anyone for openly carrying a firearm.

So what does this mean for gun owners?

Can gun owners openly carry in Florida?

Open carry cannot be prohibited in any place where government property is open to the public and unrestricted, Evans said.

Where is open carry in Florida still illegal?

In the 20-page decision declaring the open carry ban to be unconstitutional, Judge Stephanie Ray said, "That is not to say that open carry is absolute or immune from reasonable regulation."

Uthmeier reiterated that in his memo to law enforcement.

"The McDaniels decision does not, however, prevent law enforcement from continuing to police those who 'exhibit [firearms[ in a rude, careless, angry, or threatening manner' in public," he wrote. "And nothing in the decision permits individuals to menace others with firearms in public, nor does it undermine the State's authority to prohibit felons from possessing firearms."

Private property owners are still able to prohibit firearms on their property, which can include homes and businesses. Violation is considered armed trespass, a third-degree felony, Uthmeier said.

“Just know that it’s a new day in Florida," U.S. Rep Jimmy Patronis told Floridians in an appearance on NewsRadio 1620. "And you might see somebody carrying a gun and you don’t need to be startled. But if you’re going to be carrying a gun, please just understand what the limits of the law are. And if somebody asks you to leave their store, that’s their right too.”

State and federal restrictions on carrying firearms in specific locations would still apply, Uthmeier said.

More in the link

It will be interesting to see how that last line plays out. Florida’s list of place you can’t carry is specific to licensed and unlicensed concealed carry.

My 15yo son and I were talking about nobody wanting to be the test case for our just laws. I was wrong. McDaniels purposely flouted the law to become the test case. NPR’s title for their article is wrong according to their own article as the AG didn’t say anything about “Sept. 25”

Attorney general: People can openly carry guns in all parts of Florida, starting Sept. 25

Excerpt:
“Last week’s decision involved a case in Pensacola against Stanley Victor McDaniels, 42, who deliberately flouted the law on the Fourth of July in 2022. He waved his hand at cars near a busy intersection while holding a copy of the U.S. Constitution, with a loaded Beretta pistol tucked visibly in his waistband. At the time, McDaniels held a valid Florida concealed weapons permit.

“McDaniels was cooperative. He explained that he wanted to take this case to the Supreme Court,” the appeals judges wrote.

The court’s decision threw out the misdemeanor case against McDaniels, who had been convicted by a jury of openly carrying a weapon. The judge had sentenced McDaniels to six months of probation and 50 hours of community service. He was also banned from owning any guns and had to give up his Beretta pistol. The appeals ruling overturned his conviction and reversed his sentence.”

That’s a big win for Florida gun owners, and honestly it was a long time coming. Now the legislature needs to go ahead and clean up the books so there’s no confusion.

The legislature has had plenty of time to address open carry. Now they’re stuck with it.

The list is under FL Statute 790.06 and specifically says:

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into…

This is the only list of prohibited places I can find in the statutes and it clearly only applies to carrying concealed.

Since open carry was illegal everywhere, there was no need for a list of places it wasn’t allowed. Instead, there is a list of places and circumstances open carry was allowed.

Some sheriffs and most news people are saying the prohibited places for concealed weapons apply to open carry, but the laws don’t support that.

The AG of Florida says the laws need some “clean up” and Sheriff Grady Judd says they’re a “little wonky”, but neither say why.

“Uthmeier said he thinks state lawmakers may want to “clean up” gun laws next session. This now has folks turning their attention to the statehouse, as lawmakers consider next steps in future legislation.

Uthmeier told 8 On Your Side that he doesn’t want to get into the details right now, but added that lawmakers are reading and dissecting the state’s current gun laws.

“Open carry doesn’t mean open carry in every place in the state of Florida,” said Polk County Sheriff Grady Judd.

Sheriff Judd says while the current state of the law is a little wonky, folks can expect further direction from the legislature.“

Lawmakers urged to refine open carry laws

Looks like Open Carry is legal here (Florida), as of today.

I'm planning to do some grocery shopping today, I'll keep my eyes open and see if I notice anyone taking advantage of this*.

---

* "You can observe a lot by just looking."

Even though it will be legal as of today you are still going to have the "anti gun" people calling in about someone out in public carring a gun....Nothing we can do about that.. But when you have police officers responding these calls with a "Rambo" attitude things can go south fast without due reguard to what the law actually states.... And private business owners can post all the signs on their property that they want but need to be ready for the consequencies that will follow.... Personally concealed carry why broadcast that you have a legal firearm and you can legally carry it....................................... drill sgt.

Dear Nikki,


{deleted}

_______________________________________________


https://floridadems.org/2025/0...open-carry-decision/


"Florida Democratic Party Chair Nikki Fried released the following statement regarding the First District Court of Appeals ruling that Florida’s ban on the open carry of firearms is unconstitutional:

“I have a long history advocating for the rights afforded in the Second Amendment and have previously petitioned Courts to uphold those rights for all citizens. However, I strongly believe that the First District Court of Appeals has erred in its recent opinion, which paves the way for open carry in the State of Florida.

Nationwide, we are seeing harrowing levels of gun violence, marked by assassinations, school shootings, and people being killed in places of worship. This is a moment in history when we need to promote safer environments, not embolden those who could abuse the ruling’s intent to sow seeds of terror. We strongly encourage law enforcement to wait for a final legal judgment before allowing open carry, as it may cause confusion that leads to danger at a time when calm and clarity are so desperately needed.

Historically, the Florida Sheriffs Association, many departments across the state, and leaders on both sides of the aisle have agreed: open carry will make Floridians less safe. The impact of this decision will have negative long-term effects on our communities and further erode Floridians’ trust in one another.”"

"Florida Prohibitionists Party Chair Nikki Fried..."

Floridaians being less safe as you claim means more government control. .......................... drill sgt.

>>> OLD THREAD <<<

Publix grocery supermarkets operates 1,487 stores in the southeastern U.S., 915 of them in Florida. Publix had announced that the stores would honor Florida's Open Carry. Until some rocket surgeon had an ND in a Publix store in Miramar (about halfway between Fort Lauderdale and Miami.

Publix has changed their policy and now states that open carry is only permitted for Law Enforcement.

Publix has not announced any restrictions on concealed carry.

If you shop at publix, tuck in your shit and dont light one off while grandma is sampling grapes. Got it.