In September 2025, a significant shift occurred in Florida’s gun laws: an appellate court struck down the state’s longtime ban on openly carrying firearms. What followed was a flurry of legal interpretations, guidance to law enforcement, and uncertainty about what the “new normal” really means for gun owners—and for public safety.

Below is a breakdown of what’s changed, what’s still restricted, and what open carry in Florida looks like today.

What Happened — The Legal Turning Point

The Court Ruling

• On September 10, 2025, a three-judge panel of Florida’s First District Court of Appeal ruled that Florida’s 1987 statute banning open carry (Section 790.053) is unconstitutional, saying it violated the Second Amendment. Police1+2FOX 35 Orlando+2

  

• The court held that Florida’s open carry ban lacked grounding in the U.S. Supreme Court’s test for evaluating firearm restrictions (as established in Bruen) and that “no historical tradition supports Florida’s open carry ban.” Florida Phoenix+4Police1+4Fisher Phillips+4

• The opinion reversed the conviction of Stanley McDaniels, who had been arrested in Pensacola in 2022 for openly carrying a holstered pistol. Politico+5Fisher Phillips+5Police1+5

Attorney General’s Guidance & State Response

• Shortly after the ruling, Florida Attorney General James Uthmeier declared that open carry is “the law of the state,” and directed prosecutors and law enforcement not to enforce the prior ban. Politico+6CBS News+6FOX 13 Tampa Bay+6

• Uthmeier also said he would not seek further review or appeal of the decision. Police1+2Florida Phoenix+2

• That said, he acknowledged that further legislative clarifications or statutes might be necessary to resolve inconsistencies. Florida Phoenix+1

Enforcement & Local Reaction

• Many sheriffs and agencies across Florida have already announced they will no longer arrest individuals solely for openly carrying a firearm. WPBF+4Florida Phoenix+4The Ledger+4

• The Miami Springs Police Department issued a statement that they will no longer enforce Florida Statute 790.053 (open carry ban).

• Some, however, have expressed caution or asked for further legal clarity—especially in counties that fall under appellate jurisdictions beyond the First District. CBS News+3Axios+3FOX 13 Tampa Bay+3

• In practice, law enforcement agencies are briefing deputies, updating internal procedures, and clarifying to officers what to do if they encounter openly carried firearms. Spectrum News 13+2WPBF+2

What Has Changed — Open Carry (With Conditions)

Open Carry Now Permitted (With Some Limits)

• As a result of the appellate decision and AG guidance, legal gun owners in Florida may now openly carry firearms in public (e.g. a visible firearm in a holster) without automatic criminal liability under the old ban. Spectrum News 13+4Fisher Phillips+4CBS News+4

• The ruling is understood to apply statewide, binding trial courts across Florida (though some localities and sheriffs remain cautious). WPBF+3Fisher Phillips+3FOX 13 Tampa Bay+3

• Importantly, the decision does not mean open carry is wholly unrestricted. Certain prohibitions and conditions remain in force. Fisher Phillips+4CBS News+4WPBF+4

Where You Still Can’t Open Carry

Open carry is still barred in many “sensitive places” where firearms are restricted under state or federal law. Among the commonly cited prohibited locations:

Violating a firearms prohibition in these places may still result in criminal penalties (for example, second-degree misdemeanor charges). WESH+2Fisher Phillips+2

Interplay With Concealed Carry & Permitless Carry

• Florida already had permitless concealed carry (also known as “constitutional carry”) in place beginning July 1, 2023. Under that law, many individuals who meet eligibility requirements may carry handguns concealed without obtaining a concealed weapon permit. Fisher Phillips+5Wikipedia+5Fisher Phillips+5

• The new open carry ruling doesn’t eliminate or change the concealed carry rules or eligibility. Rather, it expands the mode of carrying (i.e. visibly). CBS News+3Fisher Phillips+3WPBF+3

• Because private businesses, schools, and other locations may have their own prohibitions, permitless carry does not override these site-specific restrictions. Fisher Phillips+2CBS News+2

What This Means in Everyday Practice

For Gun Owners

• If you are legally allowed to possess a firearm, you may now openly carry it in many public settings—so long as you are not in a prohibited place.

• Be familiar with the specific locations where firearms remain off-limits. Just because open carry is now allowed doesn’t mean unrestricted access everywhere.

• Even though the ban has been struck, exercising discretion remains wise. Law enforcement might still respond if a carrier is perceived to be acting threateningly or refusing to comply with a request to leave private property. WPBF+2Fisher Phillips+2

• Training, safe handling, and good situational awareness are more important than ever.

For Law Enforcement & Prosecutors

• Officers should no longer arrest individuals solely for openly carrying a firearm, per the AG’s guidance. CBS News+2Fisher Phillips+2

• But officers still must enforce other gun laws, investigate threats, and deal with violations of location-based prohibitions. WPBF+2Fisher Phillips+2

• Some departments are actively updating policies, training deputies, and clarifying how to approach situations involving open carry. Spectrum News 13+1

• Differences in appellate jurisdictions may lead to disagreements or challenges where the ruling is applied. Axios+2FOX 13 Tampa Bay+2

For Employers, Private Property Owners & Institutions

• Employers and private property owners (e.g. stores, venues) generally retain the ability to restrict firearms on their premises. Fisher Phillips+1

• Many institutions (schools, amusement parks, stadiums) likely will maintain firearm bans and may enforce them through security screening or signage.

• Policies and signage will need review to align with the changed legal environment. Fisher Phillips

Outstanding Issues & Uncertainties

• The appellate ruling came from Florida’s First District Court of Appeal. Some jurisdictions fall under other appellate districts, raising possible questions about whether the decision’s logic applies uniformly statewide. Fisher Phillips+3Axios+3FOX 13 Tampa Bay+3

• Florida’s Supreme Court (or other appellate courts) could still revisit the issue and overturn or limit the ruling.

• The Legislature may enact new statutes to more clearly define or limit open carry (for example, codifying prohibitions, setting training or permit requirements, or clarifying enforcement).

• There may be legal challenges around how open carry intersects with existing laws, such as trespassing, brandishing, disorderly conduct, or local ordinances.

Final Thoughts

Florida’s move to allow open carry represents a significant shift in how gun rights are regulated in the state. But it’s not a “free-for-all.” The new regime embeds both opportunity and uncertainty.

If you carry — openly or concealed — it’s especially important now to:

1. Know where you can and can’t carry

2. Stay updated on local law enforcement practices and judicial decisions

3. Exercise caution, respect private property rights, and handle firearms responsibly