A decade after the Florida Supreme Court upheld the state’s ban on open carry in 2015, open carry is now the law in Florida, according to a statement from State Attorney General James Uthmeier on Sept. 15.
This comes after a three-judge panel of the 1st District Court of Appeal said last week the open-carry ban is incompatible with the nation’s “historical tradition of firearm regulation.” It cited U.S. Supreme Court rulings on Second Amendment issues.
Technically, the court‘s decision only applied to the 32 north Florida counties of the 1st District and does not go into effect until Sept. 25. Still, the Florida Sheriffs Association advised all 67 county sheriffs not to arrest anyone for openly carrying a firearm.
“I’m issuing guidance to Florida’s prosecutors and law enforcement in light of the 1st DCA’s decision in McDaniels v. State,” Uthemier posted on X on Sept. 15. “Because no other appellate court has considered the constitutionality of Florida’s open carry ban since the SCOTUS decision in Bruen, the 1st DCA’s decision is binding on all Florida’s trial courts.”
While the law remains on the books, absent legislative action, it has been rendered moot due to a lack of enforcement.
Florida now joins a long list of states that allow open carry in some form. Here’s what they are.
What does open carry mean?
Proposed South Carolina law would allow open carrying of guns in public. The Republican-controlled South Carolina House voted overwhelmingly to allow lawful firearm owners to carry handguns openly or concealed without a state permit.
“Open carry” means you can publicly carry a legally owned firearm that is kept in plain sight or partially concealed, usually holstered.
Can I open carry in Florida now? See where it is still not allowed
Yes; however, Uthmeier said that other gun laws remain in force. State and federal restrictions on carrying firearms in specific locations would still apply. Those include:
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“Places of nuisance” such as buildings where prostitution, illegal gambling or criminal gang activities take place
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Any police, sheriff, or highway patrol station
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Any detention facility, prison, or jail
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Any courthouse (although judges may carry in the courtroom and may determine who else can)
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Any meeting of the governing body of a county, public school district, municipality, or special district
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Any meeting of the Legislature or a committee thereof
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Any school, college, or professional athletic event not related to firearms
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Professional athletic events
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Any elementary or secondary school facility or administration building
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Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose
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Any college or university facility
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The inside of the passenger terminal and sterile area of any airport, unless enclosed for shipment to be checked as baggage
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Any place where the carrying of firearms is prohibited by federal law
The change in open carry only applies to people legally allowed to possess a firearm. It does not affect other restrictions in Florida’s gun laws, such as restrictions for people under the age of 21, convicted felons, “violent career criminals,” or people who have restraining orders from committing acts of domestic violence.
What states allow open carry?
As of Sept. 17, 47 states allow open carry in some form, with Florida being the most recent.
Open Carry without Permit – Allow adults (Minimum age differs between some states) to carry a visible handgun in public without a permit. However, there are still rules and regulations.
Open Carry with Permit States – Allow adults (Minimum age differs between some states) to carry a visible handgun in public only with a permit or license
Anomalous Open Carry States – While legal under state law, they might be different from local laws
Which states do not allow open carry at all?
The following states and districts do not allow open carry or permit it only under minimal conditions:
What does ‘concealed carry’ mean?
“Concealed carry” means you can publicly carry a legally owned firearm that is hidden from view. “Permitless carry” or “constitutional carry” allows both, without permits, licensing or training.
What states allow concealed carry?
Concealed carry is currently legal in all 50 states, but in some states, including Florida, before the law was changed in 2023, special training and a license were required before it was allowed.
As for constitutional carry, 29 states allow it, according to the U.S. Concealed Carry Association:
This article originally appeared on Tallahassee Democrat: Open carry now legal in Florida. Which other states allow it?
