Florida’s gun laws have changed in recent years. But constitutional carry did not remove all firearm restrictions. The September 2025 decision in McDaniels v. State changed Florida’s rules on open carry while keeping other gun laws in place. Some gun owners may still face serious charges even when they believe they followed the law. Knowing which rules still apply to firearm possession and carry can help prevent costly mistakes.
Common misconceptions about Florida gun carry laws
Several recent changes to Florida’s gun laws have created confusion about where, when and by whom firearms may be carried. The following misconceptions are especially important to understand:
- Firearms can be carried anywhere in Florida: Gun-free zones still apply in Florida. Schools, courthouses, government buildings and other restricted places remain off-limits. Carrying a firearm into a banned location can lead to criminal charges. The charge and possible penalties depend on the location and the facts of the case.
- Anyone can carry a firearm in public: Constitutional carry does not cover everyone. Florida allows certain people who do not hold a concealed-weapon license to carry a concealed firearm if they otherwise satisfy specified statutory eligibility requirements.
- Open carry is now legal everywhere: In September 2025, the First District Court of Appeal ruled Florida’s ban on open carry unconstitutional in McDaniels v. State. The Florida Attorney General then told law enforcement and prosecutors that the ruling made open carry lawful statewide for law-abiding adults. However, other firearm rules still apply. These rules limit who may possess a firearm and where a person may carry one.
- Private businesses must allow firearms: Private property owners can generally restrict firearms on their property. However, Florida law gives some protections to people who lawfully store firearms in private vehicles. The rules can vary based on the location and the facts of each situation.
Recent changes did not remove Florida’s other firearm restrictions. The location, the person carrying the firearm and the circumstances still matter.
What to do when facing a Florida firearms charge
Florida’s carry laws have changed, but constitutional carry does not eliminate every restriction. Eligibility, location and the circumstances of the carry can all affect whether a person may lawfully carry a firearm. If you are facing a firearms charge, speaking with a Florida criminal defense attorney before discussing the facts with law enforcement may help you understand the potential defenses and consequences.
