Florida changed the rules on carrying a firearm twice in three years. Permitless concealed carry took effect on July 1, 2023, and in September 2025 the First District Court of Appeal held the state's open carry ban unconstitutional. This page covers what each method of carry means, what Florida law allows today, and where you still cannot take a gun at all.
Read on for the difference between open and concealed carry, the practical trade-offs of each, and the Florida statutes that govern both, so you can carry within the law and with some regard for your community.
Understanding Open Carry And Concealed Carry
Open and concealed carry are two different methods of carrying firearms; open carry refers to visibly carrying a gun in public, while concealed carry involves discreetly carrying a firearm.
Differences Between Open Carry And Concealed Carry
Open carry refers to the practice of visibly carrying a firearm in public. In this case, the weapon is in plain view, making it obvious to others that you are armed. This can be achieved by carrying the firearm in a holster or sling where it's easily seen.
Concealed carry, however, involves keeping your firearm out of sight. The weapon is hidden on or close to your body, making it unnoticeable to others around you. This can be achieved by carrying the firearm under clothing or in a concealed carry bag or purse.
Open Carry Rules And Restrictions
Rules differ sharply from state to state. Some states let any adult who may lawfully possess a firearm carry it openly with no license at all. Others require a permit to carry openly, with background checks, training and age minimums attached. A few prohibit open carry outright.
Florida sat in that last group until recently. Florida Statute 790.053(1) still makes it unlawful to openly carry a firearm or electric weapon, with narrow exceptions in subsection (2) for self-defense chemical spray and nonlethal stun guns, plus an allowance for someone carrying concealed under Florida Statute 790.01(1) to briefly display the firearm. On September 10, 2025, the First District Court of Appeal held that ban unconstitutional in McDaniels v. State, and the Attorney General declined to appeal. The text of 790.053 is still printed in the statute books, but it is not being enforced, and open carry by a law-abiding adult is lawful in Florida today.
That ruling did not touch the place restrictions. Florida Statute 790.06(12)(a) still lists 15 locations where a firearm may not be carried at all, openly or concealed, including a courthouse, a polling place, a school or career center, a detention facility, and the portion of an establishment devoted to serving alcohol for consumption on the premises.
Concealed Carry Gun Laws
Concealed carry means carrying a firearm out of sight, usually in a holster, a pocket, or under clothing. In a "shall issue" state the licensing authority must issue a permit once the applicant meets the statutory criteria, which typically include a minimum age of 21, a demonstration of competence with a firearm, and no disqualifying criminal record.
In a "may issue" state the authority can refuse a permit even to an applicant who meets every statutory requirement. A third group, the "constitutional carry" or "permitless carry" states, requires no permit at all. Florida joined that group on July 1, 2023.
In some cases, the statutory restrictions on concealed carry may extend beyond the physical location. For example, a person with a criminal record of domestic violence or a felony conviction may be prohibited from possessing firearms, including concealed firearms. Also, persons involuntarily committed to a mental health facility may not be allowed to carry a concealed firearm.
Regardless of the carry method, most states prohibit carrying firearms in certain public areas, such as schools, government buildings, and private property, where guns are specifically prohibited.
Florida’s Permitless Carry Laws
Florida Statute 790.01(1), effective July 1, 2023, authorizes a person to carry a concealed weapon or concealed firearm if he or she either holds a license under Florida Statute 790.06 or is unlicensed but satisfies the criteria for receiving and maintaining that license under 790.06(2)(a)-(f) and (i)-(n), (3) and (10). There is no evacuation requirement, no hunting requirement and no situational trigger. If you could lawfully obtain the license, you may carry concealed without one.
The eligibility criteria are what the statute now points at in place of a permit. Under Florida Statute 790.06(2) they include being 21 or older, being a United States citizen or permanent resident alien, having no felony conviction that would bar firearm possession under Florida Statute 790.23, no chapter 893 controlled substance conviction within the preceding three years, no adjudication of incapacity under Florida Statute 744.331, no commitment to a mental institution under chapter 394 without relief from firearm disabilities, and no injunction in force restraining you from acts of domestic violence or repeat violence.
One detail people miss: Florida Statute 790.01(1)(b) leaves out paragraphs (g) and (h) of 790.06(2), so an unlicensed carrier does not have to complete the firearms training course a license applicant does. Getting the license anyway has practical value. A license holder is exempt from the mandatory waiting period in Florida Statute 790.0655, and Florida licenses are recognized in a number of other states, which does an unlicensed Florida carrier no good once across the state line.
Benefits And Drawbacks Of Open Carry
Engaging in open carry is a controversial issue that both gun enthusiasts and gun control advocates have hotly debated. While there are several potential advantages and disadvantages associated with this practice, it’s important to consider all aspects before making a decision.
Advantages Of Open Carry
The visible presence of a firearm can serve as a warning to potential criminals, possibly dissuading would-be attackers from targeting you. Also, when your firearm is openly carried, there are no clothes or other obstacles to navigate, allowing for quick and easy access when needed. This can be important in a life-threatening situation.
Open carry can be more comfortable for some individuals, particularly in warmer climates. Concealed carry may cause discomfort due to the additional layer of fabric or the pressure of the weapon against the body, which open carry avoids, making it a more comfortable option for some, especially in hotter weather.
Disadvantages Of Open Carry
The sight of a firearm can cause unease or fear among those around you, as not everyone is comfortable around guns. Your decision to open carry could potentially cause unnecessary alarm.
Another concern is the potential for escalation. In a tense situation, the visible presence of a firearm could escalate the conflict, potentially making you a primary target in a dangerous situation.
There’s also the issue of security. When a firearm is carried openly, it could be more susceptible to being grabbed in a struggle. So, using a secure holster that prevents anyone else from easily removing the firearm is important.
Advantages And Disadvantages
Choosing to carry a firearm in a concealed manner, also known as concealed carry, is a decision that involves careful consideration of various factors. This method of carrying a firearm can provide security and peace of mind, but it also comes with unique challenges and responsibilities.
Pros Of Concealed Carry
The element of surprise is one of the main benefits of concealed carry. If you're confronted with a threat, your attacker won't know you're armed, potentially giving you an advantage. Concealed carry can also reduce anxiety or fear in others, as the firearm isn't visible to the public, creating a less alarming environment.
From a tactical standpoint, concealed carry can also offer better security. Since the firearm is hidden, it's less likely to be targeted for theft or grabbed during a confrontation.
Cons Of Concealed Carry
When you need to defend yourself, it might take longer to draw your weapon from a concealed position than from an open carry position. Depending on the method of concealment, carrying a concealed firearm can sometimes be uncomfortable. For instance, waistband holsters might press against your body, and shoulder holsters can chafe.
Additionally, in many jurisdictions, obtaining a concealed carry permit requires going through a process that can be time-consuming and sometimes costly. It often involves background checks, fingerprinting, and even training classes.
Choosing Between Open Carry And Concealed Carry
When deciding between open and concealed carry, it is important to consider personal preferences and comfort levels and your state or region's legal and social implications.
Personal Preferences And Comfort Level
The decision between open and concealed carry should ultimately depend on personal preference and comfort. Some people prefer open carry because it allows them to access their weapons quickly.
On the other hand, concealed carry offers more comfort and convenience because you can avoid drawing attention to yourself or potentially causing anxiety in others. It's important to consider how comfortable you are with openly displaying your firearm or carrying it concealed.
Ultimately, the decision should come down to how you feel safest and most comfortable while also considering any legal or social implications in your country or region.
Legal And Social Implications In Your State Or Region
State laws are important in determining the legal and social implications of open and concealed carry in your state or region. These laws vary, so learn the specific regulations governing the possession and carrying of firearms.
Some states require a permit for concealed carry, while others have specific restrictions on where and when open carry is allowed. Know these laws to avoid legal consequences.
In addition to legal consequences, there are social considerations for open or concealed firearm carry. If you openly display a firearm, it can cause fear and discomfort for those around you.
It's important to consider how others perceive your actions and how they might react in different situations.
Responsible Gun Ownership And Training
Responsible gun ownership is about more than just understanding and following local, state, and federal firearm laws. It also involves proper handling, storage, and usage of firearms, emphasizing safety. This responsibility is important for the gun owner's safety and the safety of others around them.
Importance Of Proper Education And Training
Firearms safety courses cover how a particular firearm operates, the rules of safe handling, safe storage, and routine cleaning and maintenance.
Additionally, responsible gun ownership training teaches the proper use of firearms and safe storage at home. Through the required education and training, individuals can ensure they have the knowledge and skills to safely and responsibly handle firearms.
Safe Storage And Handling Of Firearms
To ensure the safety of those in your household and to prevent firearms from falling into the wrong hands, it’s important to follow some necessary practices. These include:
- Use a gun safe, cabinet, or lock to keep your firearms secure when you are not using them. This prevents unauthorized access and reduces the risk of accidents.
- Attend gun owner safety training to learn proper gun handling, storage, and carrying. This knowledge can help you minimize risks and handle firearms responsibly.
- Familiarize yourself with the specific gun storage laws in your state or region. Following these regulations ensures compliance with the law and promotes firearm safety.
- Always assume a firearm is loaded, even if you believe it’s not. Never point a gun at someone unless you intend to shoot, and keep your finger off the trigger until you’re ready to fire.
- Use gun locks in addition to secure storage to provide extra protection. Gun locks prevent unauthorized persons from accessing firearms by temporarily disabling them.
- As a gun owner, it’s important to exhibit ethical behavior regarding gun ownership. This includes proper storage of firearms, teaching others how to handle them safely, and respecting the rights and concerns of others.
Understanding And Respecting The Rights And Concerns Of Others
Responsible gun ownership includes understanding and respecting the rights and concerns of others. Not everyone is comfortable around firearms, so be mindful of how our actions might affect others.
This means knowing where it’s appropriate to carry a firearm openly and considering whether doing so might cause fear in those around us. Additionally, responsible gun owners should always prioritize safety by keeping their firearms secure when not in use and ensuring that they are trained.
Speak To An Attorney About Your Firearm Charges Today
Florida's carry rules changed in 2023 and again in 2025, and an arrest can turn on which version of them an officer had in mind. If you are facing gun charges in Florida, contact the Weinstein Legal Team to talk through what you were charged with and what the statute actually says.
Give us a call 24/7 at 888-626-1108 or through our online contact form, and let us be your advocates in this challenging time.
