On September 10, 2025, Florida’s First District Court of Appeal ruled the state’s open carry ban unconstitutional (in violation of the Second Amendment of the U.S. Constitution) in McDaniels v. State of Florida. Attorney General James Uthmeier has told prosecutors and law enforcement that open carry is now “the law of the state,” and the Florida Sheriffs Association has advised deputies not to enforce the open carry ban, found in Section 790.053 of the Florida Statutes. While the statute remains on the books pending legislative action, enforcement has been effectively halted.

• Florida’s First District Court of Appeal has ruled the state’s open carry ban unconstitutional, leading the state attorney general to declare open carry as “the law of the state,” with the Florida Sheriffs Association advising deputies not to enforce the ban.
• Despite the court ruling, certain locations such as schools, government buildings, and places primarily serving alcohol remain gun-free zones under state and federal law, and improper exhibition of firearms continues to be illegal.
• Employers in Florida can prohibit firearms on their premises and should provide clear notices, but they cannot ban legally-owned firearms locked inside vehicles in parking lots or retaliate against employees for having them.

What’s changed

• Law‑abiding adults may openly carry firearms in public where carry is otherwise allowed.
• Some sheriffs and police departments have already suspended arrests under section...

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