Yes, you can carry a gun while fishing in Florida. Section 790.25 of the Florida Statutes carves out a specific exception that lets anyone lawfully in possession of a firearm openly carry it while actively fishing, and while traveling to or from the fishing spot, with no permit required.1The Florida Legislature. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons Eligible adults also have the option of carrying concealed under Florida’s permitless-carry law. How you carry, where you fish, and whether you qualify all shape what’s actually legal.
The Fishing Exception for Open Carry
Florida is one of the strictest states on open carry. Openly carrying a firearm is a criminal offense under Section 790.053 outside of a short list of exceptions.2Justia Law. Florida Code 790.053 – Open Carrying of Weapons Fishing is one of them. Section 790.25 makes it lawful to openly carry a firearm while engaged in fishing, camping, or lawful hunting, and while going to or returning from those activities. No license is needed. You just have to be genuinely fishing or on the way.
The statute covers travel “to or from” the trip but doesn’t define how far that protection stretches when you add stops. A direct drive from home to the boat ramp is clearly inside the exception. Running a chain of unrelated errands weakens the connection between your travel and the fishing. Keeping the trip purpose-driven is the safe approach.
Carrying Concealed While Fishing
Since 2023, Florida has been a permitless-carry state. Anyone who meets the eligibility criteria for a concealed weapon license can carry concealed without actually holding the license.3Justia Law. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms This applies everywhere Florida allows concealed carry, including on a fishing trip. The fishing exception and the permitless-carry provision operate independently, so an eligible angler can carry either openly or concealed.
Many Floridians still obtain the Concealed Weapon or Firearm License anyway, mainly because it provides reciprocity in other states that honor Florida permits.
Who Is Eligible to Carry Concealed
The open-carry fishing exception doesn’t list separate eligibility rules. It applies to anyone fishing for a lawful purpose who isn’t otherwise prohibited from possessing a firearm. Permitless concealed carry is different: you have to meet the same standards the state would apply when issuing a CWFL under Section 790.06.4Justia Law. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm The main disqualifiers:
- Under 21 years old
- Not a U.S. citizen or permanent resident alien
- Any felony conviction (also bars firearm possession altogether)
- Controlled substance conviction within the past three years
- Active injunction for domestic violence or repeat violence
- Prior involuntary commitment to a mental institution or adjudication of incapacity
- Chronic alcohol or substance abuse to the point of impaired normal faculties
The full list in Section 790.06(2) includes additional conditions tied to withheld adjudication and suspended sentences for certain offenses. Failing even one disqualifier makes carrying concealed a serious criminal offense whether you’re fishing or not.
Carrying a Firearm on a Boat
A lot of Florida fishing happens on the water, and the rules overlap in a useful way. Section 790.25 treats a private boat as a “private conveyance.” Anyone 18 or older who lawfully possesses a handgun can keep it inside the boat as long as it’s securely encased and not in their hands or on their person. Long guns like rifles and shotguns can be carried anywhere inside the boat for a lawful purpose without being encased at all.
“Securely encased” has a specific statutory definition: a glove compartment (locked or not), a snapped holster, a gun case (locked or not), a zippered gun case, or a closed box or container that requires opening a lid.5The Florida Legislature. Florida Code 790.001 – Definitions A center-console compartment, a tackle box big enough to hold the handgun, or a holster with a snap retention strap all qualify.
Once you’re actively fishing from that boat, the fishing exception layers on top of the private-conveyance rule and allows open carry. If you’re also eligible for concealed carry, you can keep the handgun on your person. In practice, an eligible angler on a boat has multiple legal ways to carry.
Fishing on Federal Land and in National Parks
Florida has significant federal land where people fish, including Everglades National Park, Biscayne National Park, and a number of national wildlife refuges. Since 2010, federal law has allowed firearm possession in national parks as long as the person follows the firearms laws of the state the park sits in.6U.S. National Park Service. Laws and Policies – Everglades National Park Florida’s fishing exception and permitless-carry rules therefore apply inside Everglades and Biscayne.
Federal buildings inside those parks are the main exception. Visitor centers, ranger stations, and fee collection buildings are off-limits under federal law and are posted. Discharging a firearm in a national park is also generally prohibited unless you’re hunting during a park-authorized season, so the right to possess doesn’t translate into a right to shoot.
National wildlife refuges set their own rules, and these vary. Some Florida refuges allow firearms only for authorized hunting in specific seasons; others follow state concealed-carry rules for general visitors. Check the regulations for the refuge you’re heading to before you go.
Places That Stay Off-Limits
The fishing exception doesn’t cancel Florida’s list of locations where firearms are categorically banned. Even on your way to a trip, you cannot carry a firearm into any of the following:7Florida Department of Agriculture and Consumer Services. Possession Restrictions
- Any courthouse or courtroom
- Any police, sheriff, or highway patrol station
- Any jail, prison, or detention facility
- Any polling place
- Any meeting of a county commission, school board, city council, or similar governing body
- Any meeting of the Legislature or a legislative committee
- Any elementary school, secondary school, or career center
- Any college or university facility (with a narrow exception for registered students or employees carrying non-projectile defensive devices)
- Any school, college, or professional sporting event not related to firearms
- The passenger terminal or sterile area of an airport
- Any portion of a bar or restaurant primarily devoted to serving alcohol for on-site consumption
- Any place designated as a nuisance under Florida law
- Any location where federal law prohibits firearms
This list comes from Section 790.06(12)(a) and applies whether you hold a CWFL, carry under the permitless-carry provision, or rely on the fishing exception. The scenario anglers run into most often is stopping at a waterfront bar after fishing. If the place is primarily a bar, the only legal option is leaving the firearm secured in your vehicle.
Penalties for Unlawful Carry
Consequences depend on how you got it wrong.
Openly carrying a firearm outside a recognized exception like fishing is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.8Justia Law. Florida Code 775.082 – Penalties and Applicability of Sentencing Structures
Carrying a concealed firearm when you don’t meet the eligibility criteria is far worse. It’s a third-degree felony carrying up to five years in prison and a fine of up to $5,000.9Justia Law. Florida Code 775.083 – Fines Carrying in a prohibited location is prosecuted under the statute covering that location, and charges can stack with other offenses. A felony conviction also strips your right to possess firearms going forward, which eliminates the fishing exception for you entirely.