Does Florida have open carry gun law?
Floridian residents and tourists alike have often wondered: does Florida have an open-carry law? The straightforward answer is: kind of, but with exceptions and certain conditions. We’ll break it down and explore the complexities of firearm laws in the Sunshine State.
Contents
Defining Open Carry
Before diving into Florida’s specific laws, let’s define what constitutes open carry. Open carry, in the context of firearms, refers to the lawful carrying of an unloaded, unholstered, and conspicuous firearm in plain sight on one’s person or in a vehicle, without requiring a permit.
Florida Law: Open Carry with Cautions
As of 1987, Florida has permitted open carrying of unloaded firearms, primarily for hunters and outdoorspeople. The key phrase, however, is for hunting. The current law allows individuals to openly carry uncased rifles and shotguns while traveling to and from hunting expeditions, assuming they adhere to specific stipulations. This provision holds true under Florida Statutes 790.053 subsection (5):
"… A person… who is traversing public or private wildlife management areas designated for that purpose*, may possess or carry without a permit, cased or uncased any firearm that is unloaded in a situation which is** not contrary to the hunting regulations…" 1
Despite this lenient stance toward open carry in hunting contexts, municipal authorities still reserve the power to pass stricter regulations as they deem necessary. Urban areas might implement local Ordinances that prohibit concealed or open carry within city or town limits, so always verify local firearms laws beforehand.
Prohibitions: Where You Can’t Go
Beyond hunting contexts, Florida bans open carrying in specific venues and under certain circumstances:
• Public schools: No loaded firearms are authorized on school grounds or within certain distances 2.
• Public polling places, elections, meetings, and sessions: Firearms shall not be brought into a polling location or meeting/conference premises, except while on authorized official business in a capacity where they won’t interact with the gathering 3.
• Some government and commercial buildings/public areas: Prohibited structures include areas designated for certain government and commercial activities:
| Forbidden Locations | Ref. 3 |
|---|---|
| Government Buildings (except permitted areas) | 21.09 |
| City or county courtrooms/rooms during official proceedings | 8.02(f)1. |
| Certain hospital or healthcare service areas (not for concealed carry only) | – |
| Airport terminals-security checkpoints | (Not explicitly but implied via [4]https://www.txdot.gov/inside-txdot/media/1403/index.html) [4] |
Prohibitions Not Related to Firearms: Restricting Public Carry Everywhere
**Prohibitions Not Related to Firearms: Restricting Public Carry Everywhere**
In Florida, certain regulations restrict _any_ gun carry – open or concealed – based on individual circumstance or purpose:
• **Mental Health Commitment:** **If you** have ever been committed **to any mental institution (or mental health facility)…** (790.331(2)), you aren’t authorized to possess/carry any firearm [3](https://www.flsenate.gov/Laws/titles%5C720010.02.20.1998.4.31.pdf)
• **Convictions with Discharge:** If any court conviction involves a loss of fire power, there’s **automatic** inability to lawfully possess/maintain control of said firearm
• **Liquor Establishment Restrictions:**
Any premises where *alcoholic beverages are provided* prohibits concealed carry permits (Florida Statutes Title XLVI, Chapter 790), though this directly affects public places like: bars, clubs, sporting events
• **No Carry Without Proper Documentation in Certain Jurisdictions**
Conscious Carry Option in Florida – A Bona Fide Alternative**
When it pertains to personal protection concerns, law-abiding adults can instead opt for responsible concealed carry with a specific permit. Floridian residents enjoy the _conceal carry privilege_ through two main approaches:
• Florida Conceal Carry Permit**
Holders of State-issued **Florida conceal carry licenses** can tote their legal, unloaded *firearm** within these specific venues (as aforementioned, these exceptions are explicitly stated [5](https://www.flsenate.gov/Laws/titles%5C720012.25.2010.04.12.(pamph))) – public transport, restaurants/cafes
Note it’s critical to adhere strict guidelines
(Application, ID requirements, in-person screening)
• Off-Duty or On Duty for Government and Military, with Exceptions
Under Florida Statue 790.06,
certain exempted organizations:
Officers (or designated personnel [6]) may carry even without prior notice or in areas listed below