Takeaways

• Florida’s 2025 McDaniels decision, along with the state permitless concealed-carry law, generally allows lawful open carry in Florida, but private employers may still bar firearms in company buildings, restricted work areas and company-owned vehicles.
• Employers must comply with Florida’s parking-lot law, which generally protects employees’ and visitors’ rights to keep legally owned firearms locked in private vehicles.
• Employers, especially those in the retail and hospitality industries, should review and update firearm and workplace-violence policies, audit signage and more.

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Article

One year ago, Florida’s firearms landscape fundamentally changed when a state appellate court held in McDaniels v. State of Florida, 419 So. 3d 1180 (Fla. 1st DCA 2025), that Florida’s statutory ban on openly carrying firearms violated the Second Amendment of the U.S. Constitution. On Sept. 10, 2025, the court declared unconstitutional the 1987 law that made it a misdemeanor to visibly display guns. The Florida attorney general subsequently advised law-enforcement agencies and prosecutors that McDaniels was binding on Florida trial courts and was effectively state law.

Along with Florida’s 2023 permitless concealed-carry legislation, McDaniels resulted in Florida law generally permitting otherwise lawful open carry by individuals who are legally entitled to possess firearms, subject to restrictions applicable to particular persons, locations, and conduct.

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