Fla. Stat. § 790.053

Open Carry in Florida

Florida’s open-carry ban is in an unusual state: struck down by a court and not being enforced, yet still on the books. Here is where things actually stand — and why caution matters.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

An Unsettled Question

Open carry is the clearest example of Florida firearm law in transition. The statutory ban still appears in the code, but a 2025 appellate decision held it unconstitutional, and enforcement guidance changed as a result.

⚠ This Area of Law Is Actively Changing
Florida firearm-carry law is being reshaped by recent court decisions and legislation. Permitless concealed carry took effect July 1, 2023; a 2025 appellate decision struck down the open-carry ban (though it remains printed in the statutes pending further proceedings); and a 2026 appellate ruling addressed carry by 18–20-year-olds. Because this is in flux, always verify the current status with the statute or an attorney before relying on any summary.

The Statute vs. the Ruling

§ 790.053 has long prohibited openly carrying a firearm, with limited exceptions (such as while fishing, camping, or hunting). But in September 2025, a Florida District Court of Appeal struck the ban down as unconstitutional, and the Attorney General directed non-enforcement.

The Governing Statute
Fla. Stat. § 790.053 — Open Carrying of Weapons
"Except as otherwise provided by law … it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."
Read the full statute on Online Sunshine →

The complication: the statute remains printed in the Florida Statutes, and the legal landscape may continue to shift through further appeals or legislation. The practical status and how any given agency responds can vary.

Why Caution Still Matters

Even where a ban is not being enforced, related conduct can still create exposure — for example, improper exhibition of a firearm (§ 790.10), carrying in a prohibited location, or being an ineligible person. Because this area is genuinely unsettled, anyone considering open carry should confirm the current legal status and local enforcement posture first.

Frequently Asked Questions

Is open carry legal in Florida?
The status is in flux. Florida’s open-carry ban (§ 790.053) was struck down by an appellate court in 2025 and is currently not being enforced, but it remains printed in the statutes and the law may continue to change. Verify the current status before relying on any summary.
Can I still be arrested for open carry in Florida?
Related conduct can still create exposure — such as improper exhibition of a firearm, carrying in a prohibited location, or being ineligible to possess a firearm. Because the law is unsettled, caution and current legal advice are essential.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 790.053 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.