As a leading Fort Lauderdale weapons crime lawyer, we keep you current on Florida gun laws so you can exercise your rights responsibly and avoid legal trouble. Below, I break down open carry, permitless concealed carry, how Florida treats each, and, most importantly, the new appellate decision that just shook things up.
Breaking Update (Sept. 10, 2025): 1st DCA Strikes Down Florida’s Open Carry Ban
What happened: On September 10, 2025, Florida’s First District Court of Appeal (1st DCA) (Tallahassee through the Panhandle) ruled that Florida’s open carry ban is unconstitutional under the Second Amendment in McDaniels v. State. The court relied on the U.S. Supreme Court’s Bruen framework, finding no longstanding American tradition of broadly prohibiting open carry.
What it means (right now):
- The decision currently binds courts and law enforcement within the 1st DCA’s geographic footprint (Tallahassee to the Panhandle).
- Florida has six DCAs; the other five have not weighed in.
- The State will likely appeal to the Florida Supreme Court.
- Until the Florida Supreme Court or the Legislature settles the issue statewide, this is a developing, location-dependent change.
Warning: Do not assume you can open carry everywhere in Florida today. Police and prosecutors outside the 1st DCA may not yet consider this ruling controlling in their districts. If you openly carry in places like South Florida, Orlando, or Tampa, you could still face arrest while the law evolves.
Watch: Adam’s breakdown of the ruling and what it means for Floridians.
Defining Open Carry
pen carry means your firearm is visible to the public — for example, holstered on your hip or slung over your shoulder. Some states have long allowed open carry statewide, while others restrict it to specific places or circumstances.
Florida (historically): Since 1987, Florida has generally banned open carry, with narrow exceptions (e.g., hunting, fishing, target shooting). The McDaniels decision challenges that landscape inside the 1st DCA.
Defining Permitless Concealed Carry (Constitutional Carry)
Permitless concealed carry allows eligible adults to carry concealed firearms without obtaining a concealed weapon license. Florida adopted permitless concealed carry, effective July 1, 2023, for individuals 21 years of age or older who are otherwise legally permitted to possess firearms. Training and licensing are not required to carry concealed, but all disqualifiers (e.g., felon in possession) still apply, and location-based restrictions (schools, courthouses, etc.) remain in force.
Open Carry vs. Permitless Concealed Carry: The Key Differences
Visibility:
- Open carry = firearm is visible.
- Concealed carry = firearm is hidden from ordinary view.
Permit requirement:
- Open carry: Historically banned statewide in FL (with limited exceptions) until the 1st DCA’s McDaniels ruling — but only binding in that district for now.
- Concealed carry: Florida allows permitless concealed carry for eligible adults (21+) since July 1, 2023.
Enforcement risk:
- Concealed carry: Authorized under current Florida law, subject to location and eligibility rules.
- Open carry: High uncertainty outside the 1st DCA until the Florida Supreme Court or Legislature speaks.
Florida’s Current Stance (Post-Ruling Snapshot)
Open Carry:
- 1st DCA (Panhandle/Tallahassee region): Court says the ban is unconstitutional. Expect rapid developments (stay tuned for appeals/stays/guidance).
- Elsewhere in Florida (including South Florida): The ruling is not yet binding. Law enforcement may continue to treat open carry as illegal, except within the narrow statutory exceptions. Proceed with extreme caution.
Permitless Concealed Carry:
- In effect statewide for eligible adults since July 1, 2023. Still subject to prohibited places, federal restrictions, and existing disqualifications.
What If I’m Stopped for Open Carry Right Now?
- Be calm and respectful.
- Do not make statements about where you’ve been carrying, your route, or “why” you carry.
- Ask for a lawyer before answering questions.
- Call us immediately. The location of the stop (1st DCA vs. elsewhere) could decide how we defend the case.
How Rossen Law Firm Helps in Firearm Cases
If you have questions or concerns about Florida's gun laws, including open carry and permitless concealed carry regulations, Rossen Law Firm is here to help. Our experienced legal team has in-depth knowledge of Florida's firearm laws and can provide you with the expert guidance you need to ensure your rights are protected.
If you or a loved one is facing firearm-related charges in South Florida, it's essential to seek experienced legal representation as soon as possible. Our Board Certified expert attorneys at Rossen Law Firm have a proven track record of successfully defending clients in similar situations.
Some Of The Ways Our Legal Team Can Help You In A Firearm-Related Case Include:
- Reviewing the circumstances surrounding your arrest to ensure that your constitutional rights were not violated
- Investigating the evidence against you and challenging its admissibility, if appropriate
- Taking depositions of witnesses to uncover inconsistencies with the case
- Filing Motions to Suppress if there are violations of your constitutional rights
- Negotiating with prosecutors to reduce or dismiss the charges against you
- Representing you in court and presenting a strong defense on your behalf
As firearm regulations continue to evolve, it's essential for gun owners in Florida to stay informed about the latest developments in state and local laws. By understanding the differences between open carry and permitless concealed carry, as well as the specific regulations that apply in your area, you can exercise your rights responsibly and avoid potential legal issues.
Call/Text Rossen Law Firm now, or fill out our online contact form to schedule your confidential case evaluation. Please don't leave your future to chance; let our dedicated team of legal professionals fight for you and your rights as a gun owner in Florida.
FAQs: Florida Open Carry & Permitless Concealed Carry (2025 Update)
Q1: Can I openly carry a firearm in Florida right now?
A: It depends on where you are. On Sept. 10, 2025, the First District Court of Appeal (1st DCA) struck down Florida’s open-carry ban in McDaniels v. State. That ruling currently binds courts and law enforcement within the 1st DCA (Tallahassee through the Panhandle). Elsewhere in Florida (e.g., South Florida, Orlando, Tampa), the ruling is not yet binding. A Florida Supreme Court appeal is likely to be filed. Proceed with extreme caution outside the 1st DCA.
Q2: Does Florida allow permitless concealed carry statewide?
A: Yes. Since July 1, 2023, eligible adults 21+ may carry a concealed firearm in Florida without a license, subject to existing disqualifiers and location-based restrictions.
Q3: What’s the difference between open carry and permitless concealed carry?
A: Open carry means your firearm is visible; concealed carry means it’s hidden from ordinary view. Florida’s open-carry status is now district-dependent after McDaniels; permitless concealed carry remains statewide for eligible adults.
Q4: I live in South Florida. Can I open carry here today?
A: Not safely. The McDaniels decision is not yet binding in South Florida. Until the Florida Supreme Court or Legislature provides statewide clarity, you risk arrest for open carry outside the 1st DCA.
Q5: What should I do if I’m stopped while carrying (open or concealed)?
A: Be calm and respectful. Do not make statements about routes, history of carrying, or purpose. Ask for a lawyer before answering questions, and call us immediately.
Q6: Do I need training or a permit to carry concealed in Florida?
A: No permit or course is required for permitless concealed carry. All prohibited-person rules and restricted locations still apply.
Q7: I heard open carry is now “legal everywhere” in Florida—true?
A: No. The 1st DCA’s ruling currently applies only in its geographic footprint. Other DCAs have not ruled, and a Florida Supreme Court review is expected.
Q8: What are the biggest risks right now for gun owners?
A: Geography and timing. If you open carry outside the 1st DCA, expect potential arrest. Even inside the 1st DCA, expect policy shifts as the case moves toward statewide resolution.
Q9: I was cited/arrested for open carry—can you help?
A: Yes. We evaluate where it happened, challenge stops and seizures, file Motions to Suppress when rights are violated, and leverage evolving case law to seek dismissals or reductions—and we litigate when that’s the best path.
Q10: How can I stay updated as this evolves?
A: Subscribe to our YouTube Channel. When the Florida Supreme Court or Legislature acts, we’ll publish a plain-English breakdown and practical guidance.
