Free Guide to Florida Open Carry Laws

Understanding Florida's Open Carry Laws

Florida has specific rules about carrying firearms in plain view, known as open carry. Unlike many states that allow unrestricted open carry, Florida's laws are more limited. Understanding these rules is important whether you own firearms, work in law enforcement, or simply want to know what is and isn't legal in your state.

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Open carry means displaying a firearm openly on your person, such as in a holster on your hip or in a visible shoulder carry. This differs from concealed carry, where a firearm is hidden from view. Florida's approach to these two types of carry is very different under state law.

As of current Florida law, open carry of handguns is generally prohibited in public spaces. This means you cannot openly carry a handgun while walking around a store, restaurant, parking lot, or street. However, Florida does permit open carry in certain specific situations and locations. These exceptions exist for hunting, fishing, camping, target shooting, and traveling to or from those activities.

The law recognizes that hunters and sportspeople need to carry firearms openly in rural areas and wilderness settings. If you are traveling to a hunting location or fishing spot with a firearm visible, you have legal protection under Florida statute. Similarly, someone transporting a firearm to a shooting range or gun club may do so openly if they are actively engaged in those activities or traveling directly to them.

Florida residents and visitors should know that local governments cannot pass laws that are stricter than state law regarding open carry. This means that while local rules might exist, they cannot ban open carry in situations where state law permits it. However, some municipalities do have their own regulations, which is why checking local ordinances is worthwhile.

Practical Takeaway: Open carry of handguns is restricted in Florida outside of specific activities like hunting, fishing, and target shooting. If you plan to carry a firearm openly, it should be directly connected to one of these lawful purposes. Always verify local rules before carrying in any specific area, as municipalities may have additional regulations beyond state law.

When Open Carry Is Legal in Florida

Florida law creates clear situations where open carry is permitted. These situations exist because the legislature recognized that certain activities require firearm access in ways that restrict or make impractical the use of concealed carry. Understanding when open carry is legal protects both your rights and prevents unintended violations.

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Hunting is the primary activity where open carry is permitted. Florida's hunting season brings thousands of people into forests, swamps, and wildlife areas. Hunters need to carry firearms openly for safety and practicality. Whether hunting deer, wild boar, turkey, or game birds, you may carry your firearm openly while actively hunting or traveling directly to and from a hunting location. The firearm should be unloaded while traveling on public roads unless you are in a vehicle, where specific additional rules apply.

Fishing and camping are also protected open carry activities. If you are engaged in a camping trip or fishing excursion where a firearm is needed for safety or wildlife protection, open carry is permitted. This includes protection from dangerous wildlife. A person camping in a remote area may carry a firearm openly for protection against alligators, bears, or other wildlife. Similarly, someone fishing in areas known for dangerous animals may carry openly.

Target shooting and practice at designated ranges fall under open carry permission. Traveling to or from a shooting range, gun club, or designated shooting area with a visible firearm is lawful. This protection covers the journey to the location and the travel back home afterward.

Traveling to and from these activities is itself protected. The law recognizes that the journey matters as much as the destination. If you are transporting a firearm to a hunting location, shooting range, or campsite, you may do so openly. However, the open carry must be incidental to the primary purpose of traveling to one of these lawful activities. You cannot use "traveling to hunt" as a reason to openly carry while stopping for groceries or running errands unrelated to the hunting trip.

Private property open carry is another area where Florida provides permission. On your own property or on private property where you have permission from the owner, you may openly carry a firearm. This applies to your home, yard, and any private land where the owner has consented to your presence.

Practical Takeaway: Open carry is lawful when directly connected to hunting, fishing, camping, target shooting, or traveling to these activities. It is also lawful on private property with the owner's permission. The key requirement is that the open carry must be connected to these specific purposes, not simply for personal protection or routine activities.

Where Open Carry Is Prohibited

Understanding where open carry is forbidden is equally important as knowing where it is permitted. Florida has identified specific locations and circumstances where openly carrying a firearm is illegal, regardless of your intentions or the type of firearm involved.

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Federal buildings and courthouses are strictly off-limits for open carry. This includes federal office buildings, post offices, federal courthouses, and any building housing federal agencies. These locations have security screening procedures and federal law prohibits firearms in these spaces. State courthouses and state office buildings also prohibit open carry. This rule applies whether court is in session or not.

Schools and school property are firearm-free zones under Florida law. This includes public schools, charter schools, and private schools. The prohibition extends to school buses, school parking lots, and school property used for school events. There are very limited exceptions for certified security personnel and law enforcement. The same rules apply to college and university campuses, with few exceptions.

Certain commercial establishments prohibit open carry. Any establishment with a sign posted stating that firearms are not permitted must be respected. Additionally, places that serve alcohol for on-premises consumption, such as bars and nightclubs, prohibit open carry. Restaurants that primarily serve food may allow open carry, but if alcohol is the primary focus, firearms are prohibited.

Government buildings beyond courthouses and federal facilities often prohibit open carry. This can include city halls, county administration buildings, and state office buildings. However, rules vary by facility, and some government buildings may allow open carry in certain areas. Checking ahead or observing posted signs is important.

Private businesses can prohibit open carry by posting notices or verbally requesting that you leave. Florida law allows property owners to set rules for their property. If a business owner tells you to leave because you are openly carrying, you must comply or face trespassing charges.

Airports have strict firearms prohibitions. Open carry is not permitted in airport terminals, security areas, or operational areas. Firearms must be properly stored and unloaded if transported through an airport, and they must be declared to airlines for checked baggage.

Certain vehicles and vehicles transporting certain materials have open carry restrictions. School buses and commercial vehicles transporting passengers may have additional restrictions. Vehicles transporting hazardous materials have specific firearms rules.

Practical Takeaway: Open carry is prohibited in federal and state buildings, schools, airports, alcohol-focused establishments, and on private property where the owner has posted a prohibition or asked you to leave. Always observe posted signs and respect private property owner requests. When in doubt about a specific location, it is safer to assume open carry is not permitted unless you have confirmed otherwise.

The Difference Between Open Carry and Concealed Carry in Florida

Florida treats open and concealed carry very differently. This distinction is important because many people misunderstand how Florida's laws work compared to other states. In Florida, concealed carry has more legal pathways than open carry, which is opposite to how some other states operate.

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Concealed carry of a handgun in Florida requires a permit issued by the Department of State. To obtain this permit, a person must meet certain requirements and submit an application through their county sheriff's office. The process involves background checks and fingerprinting. Approximately 2.7 million Floridians held concealed carry permits as of recent years, making Florida one of the most permissive states for concealed carry permits.

Once a person obtains a valid concealed carry permit, they may carry a concealed handgun in many locations where open carry is prohibited. This includes restaurants that serve alcohol, most government buildings, and many other places. The permit essentially expands where you can carry compared to the open carry rules.

Open carry without a permit is much more restricted. As discussed, it is generally limited to the specific activities of hunting, fishing, camping, and target shooting. There is no "open carry permit" in Florida—you either have a legal reason to open carry based on the activity