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Introduction
Update, July 2026: The ruling stands. Open carry is legal in Florida today, and this article explains what changed and the rules that still apply.
On September 10, 2025, Florida’s open carry ban was struck down by the 1st District Court of Appeal. For decades, Florida was a “concealed carry only” state with limited exceptions for hunting, fishing, and camping. That changed overnight.
The ruling, combined with Attorney General James Uthmeier’s directive to law enforcement, means Floridians can now lawfully carry holstered handguns and slung rifles or shotguns openly in public.
But while the law now permits open carry, legality and wisdom are two different things. Let’s break down what the ruling actually means, where you can carry, and why many professionals still recommend concealed carry.
What Changed in Florida’s Gun Laws
Before September 2025: Open carry was illegal outside narrow exceptions. Only concealed carry was lawful (with or without a permit since 2023’s constitutional carry law).
After September 2025: Open carry is lawful statewide. Police have been instructed not to enforce the old ban.
What’s Allowed Now
- Handguns openly carried in a holster.
- Long guns carried slung across the shoulder.
What Hasn’t Changed
- Restricted locations remain off-limits (schools, courthouses, polling places, government meetings, bars, airport secure zones).
- Reckless display or brandishing is still a crime.
- Federal firearm laws still apply.
How Florida Compares to Other States
With the September 2025 ruling, Florida joins 47 U.S. states that allow some form of open carry. Only California, Illinois, and New York still maintain full prohibitions.
Most states, like Texas, Arizona, and Kentucky, allow permitless open carry. A smaller group (such as Connecticut, Maryland, Massachusetts, and New Jersey) permit open carry but require a license or impose stricter conditions.
Florida’s shift now places it firmly in line with the national trend toward recognizing the right to bear arms openly. What was once a minority position is now limited to just three states.
Where Federal Law Might Be Headed
At the federal level, lawmakers continue to push for bills that would reshape how firearm carry rights are recognized nationwide.
- Constitutional Concealed Carry Reciprocity Act (H.R. 38): Would require states to recognize concealed carry permits issued by other states, allowing permit holders to carry across state lines.
- National Constitutional Carry Act (H.R. 9534): A broader measure that aims to prevent states and localities from penalizing lawful individuals who carry firearms in public.
These bills remain proposals and have not been enacted into law. If passed, they would significantly change interstate travel with firearms and reduce the patchwork of state restrictions. For now, they are worth monitoring, but they do not change current law in Florida or elsewhere.
Is Florida Open Carry in Effect Right Now?
The First District Court of Appeal struck down Florida’s open carry ban on September 10, 2025. The Attorney General has instructed law enforcement statewide to stop enforcing the ban, declaring open carry the law of the state.
There is, however, a 15-day appeal window. Some sheriffs and agencies are waiting until that period closes before fully treating the law as settled. Others have already announced they will not arrest or prosecute people for open carrying under the old ban.
What this means for you:
- In many counties, open carry is already treated as lawful.
- In some areas, law enforcement may remain cautious until after September 25.
- Until there is universal clarity, carry discreetly and know your county’s stance.
Can Police Demand ID If You’re Open Carrying?
Florida is not a stop-and-ID state.
- Under Florida Statute 901.151, officers may demand ID only with reasonable suspicion of a crime.
- The mere presence of a holstered pistol or slung rifle no longer creates reasonable suspicion.
- If you are in a restricted zone or behaving unlawfully, police can stop you. Otherwise, open carry alone does not justify a demand for ID.
Legal vs. Wise: Should You Open Carry in Florida?
“Walk softly and carry a big stick.” Just because you can, does not mean you should.
Risks of Open Carry
- You Become the Target: If a criminal walks into a store and sees you’re armed, you are the first person they neutralize.
- Retention Risk: Without a Level III retention holster and dedicated retention training, you risk losing your firearm to an attacker. That weapon could be used in another crime or turned against you.
- Legal and Moral Burden: If your unsecured firearm is stolen, you carry responsibility for its future misuse.
- Loss of Tactical Advantage: Concealment keeps you discreet. The element of surprise works in your favor.
Why Concealed Still Wins
- Discretion keeps you safer in public settings.
- Criminals cannot plan around what they cannot see.
- The average bystander will not be alarmed.
- You maintain the tactical upper hand.
Bottom line: Open carry may now be lawful in Florida, but concealment remains the smarter defensive choice.
Practical Advice from an Instructor’s Perspective
- If you open carry, use a Level III retention holster and seek professional retention training.
- Know the law and memorize restricted locations to avoid unintentional violations.
- Stay professional: do not treat open carry like a political billboard. A calm, discreet presence builds trust.
- Concealment remains best practice. Quiet competence beats loud display.
If you’re looking for more education in general, check out our recent update on the benefits of having a concealed carry permit here.
FAQs About Florida Open Carry 2025
1.Is open carry legal in Florida now?
Yes. As of September 10, 2025, Floridians may openly carry holstered pistols and slung rifles statewide.
2. Can police stop me just for open carrying?
No. Under Florida Statute 901.151, open carry alone is not reasonable suspicion. Officers need evidence of unlawful conduct.
3. Where is open carry still prohibited?
Schools, courthouses, polling places, government meetings, bars, and airport secure zones remain off-limits.
4. Should I open carry?
Legal does not mean wise. Without training, secure holsters, and situational awareness, open carry exposes you to risk. Concealment remains the tactical advantage.
Final Thoughts
Florida’s 2025 open carry ruling marks a historic shift in gun rights. It places the state alongside the overwhelming majority of the country in recognizing the right to bear arms openly.
But legality is not the same as sound tactics. The element of surprise, secure holsters, and professional training are what keep you and those around you safe. Do not confuse what is legal with what is smart.
Train smart. Carry smart. Stay safe. Tactical U.
Next steps from Tactical U
Florida open carry is only the first question.
Florida open-carry law answers what may be legal. It does not train 911 communication, contact with officers, witness control, phone video, social media pressure, or the first statement you cannot take back.
If you carry in public, prepare beyond the statute. The checklist helps you think through what happens after an incident. The classes help you make better decisions before one starts.
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Get the Aftermath Checklist by email.
Use this as a first-60-seconds to first-72-hours reference after a defensive incident. It is educational only, not legal advice.
