Florida Open Carry Now Legal

Florida gun owners can now carry openly in public, but the legal margins for error are thin.

Driving the news: A Florida appeals court overturned the state's longstanding open carry ban in September 2025. As of September 25, 2025, the right to openly carry a firearm is in effect statewide — in any location not otherwise prohibited by state or federal law.

Catch up quick:

• Florida had one of the oldest open carry bans in the country
• The appeals court ruling cleared the constitutional path; no legislative action was required
• The change applies immediately — no grace period, no phase-in

The legal question: Where it gets complicated is private property — and this is where people are going to step on a rake. Attorney Michael Petro, who has defended dozens of gun rights cases in Florida, puts it plainly:

"If a private landowner or a private business clearly states that you are not allowed to carry a gun, and someone at the establishment says that you have to leave, you have to leave. If you don't leave then you become what's known as an armed trespasser and that is a third degree felony in the State of Florida, which is a very, very serious felony."

That's not a warning to wave off. A third-degree felony in Florida carries 5-plus years in prison. The scenario isn't hypothetical — someone open carrying at a business that posts a no-firearms sign and refuses to leave when asked has just handed the state a felony case.

State of play: The banned-locations list didn't change. Every location already off-limits for concealed carry applies equally to open carry:

• Government buildings
• Schools and school events
• Sporting events
• Other statutorily defined restricted locations

The bottom line: Florida open carry is real and it's in effect — but knowing the prohibited locations list and respecting private property notices isn't optional. Getting that wrong doesn't end with a warning; it ends with a felony charge.