Florida’s long-standing ban on openly carrying firearms is suddenly on shaky ground after a dramatic court ruling that has sent ripples through the state’s legal and law enforcement communities.
In a decision that could reshape Florida’s gun laws, a state appeals court struck down the open carry ban, calling it unconstitutional under the U.S. Constitution. The ruling is significant because Florida had stood alone among pro-gun, constitutional carry states as the only one that still prohibited the open carry of firearms in public.
What the Appeals Court Decided
On September 10, 2025, the First District Court of Appeals ruled that the ban could not stand. Shortly afterward, Florida Attorney General James Uthmeier announced that open carry is now legal statewide. He instructed law enforcement agencies to stop enforcing the ban and took to X to make his position clear, writing that “open carry is the law of the state.” Uthmeier also urged prosecutors and police to avoid arresting or charging law-abiding citizens who visibly carry firearms.
Despite the attorney general’s announcement, the ruling has created confusion on the ground. Pinellas County Sheriff Bob Gualtieri, a vocal opponent of open carry, said the practice remains illegal for now. He pointed to the 15-day window the court granted the state to file an appeal, arguing that enforcement should continue until that period expires, which it has.
Uthmeier, however, has said he does not intend to appeal the decision and fully supports the court’s ruling. Gualtieri countered by citing an earlier Florida Supreme Court decision that upheld the open carry ban, arguing that a lower court, especially one from a different appellate district, cannot simply override that precedent.
Acknowledging the legal uncertainty, Uthmeier said he is working with Sheriff Gualtieri to address the situation. In the meantime, he warned Floridians to proceed with caution when openly carrying firearms, particularly in counties where local law enforcement may not yet recognize or follow the First District Court’s ruling.
Is Open Carry Legal in Florida?
As the state waits to see whether the issue will be revisited by higher courts, Florida finds itself in a legal gray area, one that could ultimately redefine how the Second Amendment is applied across the Sunshine State.
But as of now, open carry is currently legal in the state of Florida if you are an adult that is legally able to possess a firearm.
However, open carry isn’t absolute. It’s still illegal in places like schools, government buildings, courthouses and on private property where owners prohibit guns (e.g., many stores).
The USCCA’s stance on open carry is unwavering:
“Even in states that allow open carry, it’s important to remain situationally aware at all times. This is especially critical when you’re openly carrying, as a visible firearm can provide a tactical advantage to your adversary. A bad actor can take the time to formulate a plan specifically because he or she can see that you are armed.”
The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer.
❓ FAQ: Florida Open Carry
Is open carry legal in Florida right now?
As of now, open carry is considered legal in Florida following a ruling by the First District Court of Appeals and a public announcement by the Florida Attorney General stating that open carry is the law of the state.
Why is there confusion about Florida open carry?
An earlier Florida Supreme Court decision upheld the state’s open carry ban. Some officials argue that a lower appellate court cannot override that ruling, which is part of the current legal dispute. As well, local law enforcement officials disagree on when the ruling takes effect.
Is the state appealing the open carry ruling?
The Florida attorney general has stated that he does not intend to appeal the ruling and supports the court’s decision. However, the possibility of further legal review has not been fully resolved.
Are there still places where open carry is illegal in Florida?
Yes. Open carry remains prohibited in certain locations, including schools, government buildings, courthouses and private property where firearms are banned by the owner.
Should Floridians openly carry right now?
The attorney general has urged caution, particularly in counties where law enforcement agencies may not yet recognize or follow the appellate court’s ruling.
