Florida's open carry law in effect starting Thursday: What to know

Open carry now in effect in Florida: What to know

As of Thursday, Florida's open carry is now in effect. This change follows a court ruling that struck down the state's ban as unconstitutional. Although you may now legally carry a firearm openly in Florida, there are specific guidelines to follow. FOX 35's Amanda McKenzie fills us in on what we need to know.

ORLANDO, Fla. - As of Thursday, Florida's open carry is now in effect. Although you may now legally carry a firearm openly in the state, there are specific guidelines to follow. 

Here's everything you need to know about the change. 

Open carry now in effect

What we know:

Florida has now joined most of the U.S. in allowing open carry of firearms after a state appeals court ruled the ban unconstitutional on Sept. 10. There was a 15-day window to appeal teh court's decision, but no appeal was filed. 

The change stems from a ruling by the First District Court of Appeal, which found the prior open-carry ban unconstitutional, a decision that is binding on all Florida trial courts. 

The new law heightens the responsibility of legal gun owners to be vigilant and safe. 

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The ruling does not extend to certain prohibited places, including courthouses, schools, polling sites and government facilities. Private businesses and property owners also retain the right to ban firearms on their premises. See a list of all prohibited locations and requirements here.

You must still meet eligibility requirements to carry a firearm, such as being 21 years of age or older and not being prohibited from possessing a firearm due to a prior conviction. 

What they're saying:

Gov. Ron DeSantis has called the ruling "a victory," saying it aligns Florida with most other states. 

Although some local sheriffs are split on whether to enforce the law, Florida Attorney General James Uthmeier has instructed law enforcement to stop arresting or prosecuting law-abiding citizens openly carrying firearms following the ruling. The AG cited the McDaniels v. State decision by the First District Court of Appeal in his letter, saying "no Florida court will any longer be empowered to convict a defendant" under the ban. Uthmeier also said his office will no longer defend such prosecutions.

McDaniels v. State involved a Pensacola man convicted in 2022 for openly carrying a firearm on the Fourth of July. The three-judge panel concluded the prohibition violated the Second Amendment, citing U.S. Supreme Court precedent on the nation’s historical approach to firearm regulation.

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The backstory:

Florida has long permitted concealed carry but outlawed open carry, making it one of the more restrictive states despite a robust gun rights lobby. Legislative efforts to repeal the ban have repeatedly stalled, largely due to opposition from law enforcement groups who argued open carry would make policing more dangerous.