Florida open carry law prohibits carrying a visible firearm or electric weapon on your person in public. The rule is set out in Florida Statute 790.053, and a violation is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.1Florida Senate. Florida Code 790053 – Open Carrying of Weapons A concealed carry license does not change that answer, and neither does Florida’s 2023 permitless carry law. Both authorize carrying a firearm hidden from view; neither authorizes carrying one openly.
What Counts as Open Carry
If a firearm is visible to an ordinary observer during a normal interaction, you are openly carrying it. Holstered on your hip in plain sight, slung over a shoulder, or in your hand — the statute treats all of these the same way. The ban applies to every person in the state, including licensed concealed carriers and those newly authorized to carry without a license under Section 790.01(1).
The prohibition covers both firearms and electric weapons or devices, with a specific carve-out for nonlethal defensive tools described below.
Brief Display Won’t Make You a Criminal
Concealed carry comes with ordinary accidents. Your shirt rides up. A jacket lifts in the wind. You lean over and the grip of your firearm shows for a moment. Subsection (1) of 790.053 protects these fleeting exposures: you may briefly and openly display a firearm to the ordinary sight of another person, provided you are not doing so in an angry or threatening manner outside of necessary self-defense.1Florida Senate. Florida Code 790053 – Open Carrying of Weapons
Since July 1, 2023, this protection extends to anyone who carries “as authorized in s. 790.01(1),” which now includes people who meet the license eligibility criteria but never obtained the license.2The Florida Legislature. Florida Code 790.01 – Unlicensed Carrying of Concealed Weapons or Concealed Firearms The protection ends the moment the display looks intentional and threatening. How long the weapon was visible, what you were doing, and whether your words or body language suggested aggression all matter to that analysis.
When You Can Openly Carry
Section 790.25(2) overrides the open carry ban for people engaged in specific activities. The statute says these exceptions apply “[n]otwithstanding ss. 790.01, 790.053, and 790.06,” which is what gives them their force.3The Florida Legislature. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons The most commonly relevant situations are:
- Fishing, camping, or hunting, and traveling directly to or from those activities
- At your home or place of business, for self-defense or security
- At a target range, skeet or trap shooting event, or gun show, and traveling to or from it as a member of the organizing club
- On duty as active military, National Guard, or law enforcement
These exceptions are tied to the activity, not to your general intent. Officers who encounter someone openly carrying will look for evidence connecting the person to the qualifying activity: fishing gear and a license for the fishing exception, camping equipment for the camping exception, and so on.
Pepper Spray and Stun Guns Are Different
Subsection (2) of 790.053 lets you openly carry two categories of self-defense items:
- Self-defense chemical spray, including pepper spray
- Nonlethal stun guns, whether contact models or dart-firing models, designed solely for defensive purposes
The opening line of the statute bans openly carrying any “electric weapon or device,” which sounds like it would sweep in stun guns. Subsection (2)(b) specifically pulls nonlethal stun guns back out.1Florida Senate. Florida Code 790053 – Open Carrying of Weapons Carrying one visibly for self-defense is not a violation.
Places That Remain Off-Limits
Even when an exception authorizes you to carry, certain locations are closed to firearms entirely. Section 790.06(12) lists them, and the main categories are K-12 schools and college campuses, courthouses and courtrooms, polling places, legislative and local government meetings, police and sheriff’s stations, jails and prisons, the portion of any establishment primarily devoted to serving alcohol for on-site consumption, passenger terminals and sterile areas of airports, and hospitals providing mental health services.4The Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm Federal buildings are separately off-limits under 18 U.S.C. § 930, regardless of what Florida law permits.
Penalties for Openly Carrying
A violation of 790.053 is a second-degree misdemeanor, the lowest tier of criminal offense in Florida. The maximums are:
- Up to 60 days in a county jail5Justia Law. Florida Code 775082 – Penalties, Applicability of Sentencing Structures, Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison
- A fine of up to $5006The Florida Legislature. Florida Code 775.083 – Fines
- Up to six months of probation
Court costs and administrative fees add to the financial cost. A conviction becomes part of your permanent record, which can affect employment, professional licensing, and housing. The weapon itself can be confiscated as evidence.
The Rule Is the Same Statewide
Section 790.33 gives the state legislature exclusive authority over firearms regulation in Florida.7The Florida Legislature. Florida Code 790.33 – Field of Regulation of Firearms and Ammunition Preempted Cities and counties cannot pass their own ordinances loosening or tightening the open carry rules, and any local law that conflicts with state law is void. The rules above apply the same way in Miami, Jacksonville, and every rural county in between.