Florida Open Carry Statute: Exceptions, Penalties, and Restricted Places

You cannot openly carry a firearm in public under Florida open carry law, even if you hold a Florida concealed weapon license or qualify to carry under the state’s permitless carry statute. Florida Statute 790.053 bans open carry of firearms outright, and a violation is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.¹ A short list of activity-based exceptions exists, but they are narrow and easy to misread.

What the Ban Covers

Section 790.053 makes it unlawful to openly carry a firearm or electric weapon on or about your person.¹ Handguns, rifles, and shotguns all fall under the ban. If a passerby or officer can see the weapon on you, you are openly carrying it.

The only self-defense items you can openly carry are chemical sprays and nonlethal stun guns or dart-firing stun guns designed for defensive use.¹ Firearms do not qualify under that carve-out.

The Florida Supreme Court upheld the statute in Norman v. State in 2017, treating the concealed carry system as an adequate channel for exercising the right to bear arms.² The ban has been settled law since.

A License or Permitless Carry Doesn’t Change the Rule

Since July 1, 2023, adults who meet the same eligibility standards required for a concealed weapon license may carry a concealed firearm in Florida without one.³ This is often called permitless or “constitutional” carry. It changed how people carry concealed. It did not touch the open carry ban.

The eligibility rules mirror the license: at least 21 years old, U.S. citizen or permanent resident, no disqualifying felony conviction or domestic violence injunction, and not otherwise prohibited under state or federal law.³ The operative word is concealed. The moment the firearm becomes visible, you have crossed into an open carry violation, and neither the license nor the permitless carry authorization protects you.

You must also carry a valid government-issued ID while carrying concealed under the permitless carry statute, and present it when an officer asks.³

When Open Carry Is Legal

Florida Statute 790.25 lists activities that override the general ban. These exceptions are tied to what you are actually doing, not to a general right to display a firearm.⁴

Hunting, fishing, or camping, including travel to and from the site.
Target shooting at a lawful range or safe location not prohibited by law, and members of organized shooting clubs while at or traveling to and from practice.
Lawful possession and display of firearms at gun shows.

The “going to or returning from” language does real work. Driving home from a hunting trip with a visible rifle in the vehicle is covered. Stopping at a shopping center on the way with a firearm openly on your person is not. The connection to the listed activity has to be genuine.

Brief or Accidental Exposure

If you are lawfully carrying concealed and the firearm becomes momentarily visible, that is not an open carry violation, provided the exposure was not angry or threatening.¹ A shirt riding up, a gust of wind shifting a jacket, or bending in a way that reveals a holstered firearm are the scenarios this covers. The safe harbor applies to anyone authorized to carry concealed under Section 790.01, including permitless carriers.³ It does not cover deliberately flashing a firearm during a dispute.

Firearms in Vehicles

The inside of a private vehicle is treated differently from public space. A person 18 or older who is not otherwise prohibited may keep a handgun inside a private vehicle if it is “securely encased” or otherwise not readily accessible for immediate use.⁵ Carrying the firearm on your person inside the vehicle requires you to qualify for concealed carry.

“Securely encased” is defined by statute. It means the firearm is in a glove compartment (locked or not), snapped into a holster, or in a gun case or zippered case (locked or not).⁶ A handgun loose on the passenger seat or under a floor mat does not meet the standard.

Long guns have looser rules. A legal rifle or shotgun may be carried anywhere in a private vehicle when possessed for a lawful purpose, with no “securely encased” requirement.⁵

Penalties

Open Carry

Openly carrying a firearm in public without a recognized exception is a second-degree misdemeanor. The maximum penalty is 60 days in jail and a $500 fine.¹⁷ Probation of up to six months may also be imposed, and a conviction leaves a permanent criminal record.

Improper Exhibition

Displaying a firearm in a rude, careless, angry, or threatening manner around others, outside of lawful self-defense, is a separate offense under Section 790.10.⁸ This charge is often added when the conduct behind an open carry incident goes beyond simple visibility.

Concealed Carry by an Ineligible Person

Under the permitless carry framework, someone who carries a concealed firearm without meeting the eligibility criteria faces a third-degree felony, punishable by up to five years in prison.³⁹ Carrying a concealed weapon other than a firearm without meeting the criteria is a first-degree misdemeanor.

Effect on a Concealed Weapon License

An arrest can trigger a temporary suspension of a concealed weapon or firearm license while the case is pending, and a conviction for a disqualifying offense results in revocation.¹⁰ Reciprocity in other states goes with the license.

Places Where No Firearm Is Allowed

Even where open carry would otherwise be lawful under an exception, some locations remain off-limits to firearms entirely. Courthouses, polling places, government meetings, police stations, jails, schools and school events, bars and the bar portions of restaurants, professional and college athletic events, hospitals, mental health facilities, and airport terminals beyond the ticket area are all designated firearms-free.¹⁰¹¹ The statutory list also picks up any location covered by a federal firearms prohibition.

Private property is a separate question. A “No Weapons” sign on a business does not, by itself, create a firearms offense. If the owner or manager discovers you are armed and asks you to leave, refusing turns the encounter into a trespass, and trespass while armed with a firearm is a third-degree felony.⁹

Local Ordinances

Florida preempts the field of firearms regulation. Cities and counties cannot pass their own gun rules that go beyond state law, and courts must strike ordinances that try. Local officials who knowingly violate preemption face personal civil fines of up to $5,000 and potential removal from office by the Governor.¹² A local sign or ordinance that appears to expand the state ban is almost certainly unenforceable, though challenging it through a formal complaint is a safer route than testing it in the moment.

1
Florida Senate. Florida Code 790.053 – Open Carrying of Weapons
2
Justia Law. Norman v. State, 2017 Florida Supreme Court
3
Florida Senate. Florida Statutes 790.01 – Carrying of Concealed Weapons or Concealed Firearms
4
Florida Senate. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
5
The Florida Legislature. Florida Statutes 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
6
The Florida Legislature. Florida Statutes 790.001 – Definitions
7
The Florida Legislature. Florida Statutes 775.083 – Fines
8
The Florida Legislature. Florida Statutes 790.10 – Improper Exhibition of Dangerous Weapons or Firearms
9
The Florida Legislature. Florida Statutes 775.082 – Penalties, Applicability of Sentencing Structures, Notification Requirements
10
Justia Law. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm
11
Florida Senate. Florida Code 790.115 – Possessing or Discharging Weapons or Firearms at a School-Sponsored Event or on School Property
12
Florida Senate. Florida Code 790.33 – Field of Regulation of Firearms and Ammunition Preempted