You're walking down a sunny street in Pensacola or Miami. You've got a sidearm, and it's right there on your hip for everyone to see. In most of the South, that's just a Tuesday. But in Florida? Well, that's a quick way to end up in handcuffs. There is a massive ton of confusion floating around right now because Florida recently went "Permitless Carry." People hear that and think the Wild West has returned to the Sunshine State. It hasn't. Not even close. If you’re looking for the Florida open carry statute, you’re likely looking at Florida Statute 790.053, and honestly, it’s one of the most restrictive laws of its kind in the country.
Florida is a "concealed" state. Basically, if you’re carrying a gun for self-defense, it has to be hidden from the ordinary sight of another person. The 2023 law change—often called House Bill 543—didn't change the "hidden" part. It just said you don't need a government permission slip to put the gun under your shirt. If that shirt rides up or you decide to "open carry" just because you feel like it, you are technically breaking the law. It’s a second-degree misdemeanor. That might not sound like much until you’re sitting in a processing center missing your kid's birthday party.
The Reality of the Florida Open Carry Statute
Let’s get into the weeds of Section 790.053. The law is pretty blunt. It says that except as otherwise provided by law, it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. Period. No "ifs" or "buts" for the average citizen walking to the grocery store. It’s a weird quirk of Florida history. While many "blue" states actually allow open carry with a permit, "red" Florida has held a firm line against it for decades.
Wait, there’s a catch. There’s always a catch in Florida law.
There is a very specific, almost funny list of exceptions found in Statute 790.25. This is where the "Fishing, Camping, or Hunting" loophole comes from. If you are engaged in, or going to or from, a lawful hunting, fishing, or camping expedition, you can actually open carry. You’ll see YouTube influencers doing this all the time. They’ll stand on a pier with a fishing rod in one hand and a Glock on their hip just to prove a point to the local police. It’s legal, but it’s a massive headache. You’ve basically gotta be prepared to be stopped by every cop who drives by. If you’re "going to" fishing, you better have your tackle box and a valid fishing license, or the "going to" excuse won't hold water in front of a judge.
The law also protects you if you’re at your home or your place of business. You can open carry while you’re vacuuming your living room or standing behind the counter of a shop you own. But the moment you step onto the public sidewalk? Cover it up.
Why Does This Matter in 2026?
We’ve seen a lot of legal shifts recently. With the Bruen decision from the Supreme Court a couple of years back, gun laws across the US are being challenged left and right. Some people thought the Florida open carry statute would be struck down by now. It hasn't happened. The Florida Supreme Court and the 11th Circuit have generally been more hesitant to force open carry on the state than people expected.
Is it fair? Depends on who you ask.
Proponents of the current law argue that open carry "alarms the public" and makes Florida less attractive to tourists. They don't want families at Disney seeing holstered pistols. On the flip side, 2nd Amendment advocates argue that "concealed only" is actually a restriction on a fundamental right. They argue that if you have to hide a right, it isn't really a right. But regardless of the philosophy, the reality is the handcuffs. If you are in Florida, you must keep it concealed.
The Brief Exposure "Oopsie" Clause
Now, the lawmakers aren't totally heartless. They added a little bit of protection in 790.053(1). It says that it is not a violation if you "briefly and openly" display the firearm to the ordinary sight of another person, as long as you aren't doing it in a "angry or threatening manner."
This is the "wind blew my jacket open" clause.
If you’re reaching for a gallon of milk at Publix and your shirt lifts up, you aren't supposed to be arrested. Most cops are reasonable about this. But "briefly" is a subjective word. If you’re walking around for ten minutes with your holster exposed, that’s no longer brief. That’s a choice. And that choice carries legal consequences.
Where You Still Can't Carry (Even Concealed)
Even with the permitless carry law, there are "gun-free zones" that the Florida open carry statute doesn't override. You can't just stroll into these places because you feel like it.
- Schools: This includes elementary, secondary, and college campuses. Keep it in the car, and even then, check the specific school board policies.
- Courthouses: Obvious, right? Metal detectors will find it anyway.
- Polling Places: No guns where people are voting.
- Government Meetings: City hall or county commission meetings are off-limits.
- Bars: You can carry in a restaurant that serves alcohol (like a Longhorn or an Applebee's), but you cannot sit in the "bar" area. If the establishment's primary purpose is serving booze—like a dive bar or a nightclub—the gun stays home.
- Airports: You can’t go past the TSA checkpoint with a firearm. You can have it in the "sterile" area (baggage claim, etc.) only if it’s encased for legal shipment.
One thing people get wrong is the "Private Property" rule. If a private business has a "No Guns" sign, it doesn't necessarily have the force of law like it does in Texas. However, if they see your gun and ask you to leave, and you refuse? You’re now guilty of Armed Trespass. That’s a felony. It's a "go to prison" level mistake.
The Training Gap
Here is the kicker. Since Florida went permitless, a lot of people are carrying who have never had a single minute of formal training. When you got the Florida Concealed Weapon or Firearm License (CWFL), you had to prove competency. You had to fire a live round. You had to sit through a class where an instructor (hopefully) explained the Florida open carry statute.
Now? Someone can buy a gun, stick it in their waistband—hopefully in a holster, please use a holster—and walk out.
The problem is that without that class, people don't know the nuances of "Use of Force." They don't know the difference between "Brandishing" and "Self-Defense." Brandishing is a huge issue in Florida. If you get into a road rage incident and you just show your gun to scare the other guy, you’ve committed a crime. Florida’s "10-20-Life" laws are mostly gone or reformed now, but aggravated assault with a firearm still carries a mandatory minimum prison sentence. Showing your gun to "de-escalate" usually does the exact opposite—it escalates you right into a jail cell.
Constitutional Carry vs. Open Carry
Let’s clear up the terminology because people use these interchangeably and they shouldn't.
"Constitutional Carry" generally refers to the idea that you don't need a permit to carry a firearm. Florida is currently a Constitutional Carry state (or Permitless Carry).
"Open Carry" is the physical act of wearing the gun visibly.
A state can be one without the other. Florida is the perfect example. You have the right to carry without a permit, but you still have the obligation to hide it. Georgia, Alabama, and Mississippi allow both. Florida remains the outlier in the deep south. This is largely due to the massive influence of the Florida Sheriffs Association and the tourism industry, both of which have historically lobbied against open carry.
Practical Steps for Florida Gun Owners
If you live here or you’re visiting from a state with reciprocity, you need to be smart. Don't be the test case. Being the guy who gets the Florida open carry statute overturned in court sounds heroic until you realize it costs $250,000 in legal fees and you might spend three years in the middle of the process not being able to see your family.
- Get a Holster: A real one. Not a "clip" and not just shoving it in your pocket. A holster with good retention ensures the gun stays where it's supposed to be—hidden.
- Dress for Success: If you’re carrying, you might need to go up a shirt size. "Printing" (when the outline of the gun is visible through the shirt) isn't illegal in Florida, but it draws unwanted attention.
- Know your surroundings: If you’re going to a festival or a crowded public event, check if it’s on public or private land. If the city is hosting it on a public park, they generally can't ban guns due to Florida's "Preemption" law (Statute 790.33), which prevents local cities from making their own gun laws. But if it's a private event with a lease on that land? It gets murky.
- Keep your permit: Even though you don't need a permit to carry in Florida anymore, it’s still worth having. Why? Reciprocity. If you drive across the line into a state that doesn't have permitless carry, that Florida plastic is your golden ticket. Also, it makes buying guns faster since you skip the mandatory three-day waiting period.
- Stay calm: If a police officer sees your gun because your shirt moved, don't panic. Don't reach for it. Keep your hands visible. Say, "Officer, I am legally carrying a concealed weapon and my shirt just moved." Most Florida cops are very pro-2A, but they are also very pro- "not getting shot." Communication is everything.
Florida’s gun laws are a weird mix of very permissive and oddly restrictive. You can buy an AR-15 and a thousand rounds of ammo in the morning, but if you show your holstered Glock while walking your dog in the afternoon, you’re a criminal. It’s a paradox that defines the state’s legal landscape. Until the legislature decides to join the rest of the South, or a court finally decides that "concealed" is an infringement, keep it under wraps.
Understanding the Florida open carry statute isn't just about knowing your rights; it's about knowing the boundaries of those rights. Florida gives you the power to protect yourself, but it demands that you do so discreetly. Whether you agree with it or not, that's the law of the land. Stay safe, stay legal, and keep that holster covered.
Actionable Insights for Moving Forward
- Review Statute 790.25: Read the specific list of "Lawful Uses" to see if your weekend hobbies (like fishing) actually allow you to carry openly.
- Invest in a "CCW" specific belt: Most regular belts sag under the weight of a firearm, which leads to your shirt riding up and exposing the weapon.
- Check the Preemption Law: If a local park has a "No Guns" sign, look up Florida Statute 790.33. Most of those signs are actually illegal, and the city can be fined for keeping them up.
- Take a Law Class: Find a local "Use of Force" seminar taught by an attorney or a high-level instructor. Knowing when you can pull the trigger is way more important than knowing how to pull it.
- Follow the Florida Carry organization: They are the primary group lobbying for open carry in Tallahassee and they provide regular updates on legislative changes.