Florida Open Carry: The Three Traps That Still Get People Arrested
Florida open carry became legal following a major court ruling, but three specific traps continue landing law-abiding gun owners in real legal trouble. Understanding exactly where open carry rights end matters just as much as understanding that those rights now exist in the first place.
Facing an Arrest Connected to Open Carry in Florida?
Open carry is legal, but three specific situations can still lead to real charges. Call John Guidry at (407) 423-1117 if you’re facing one of these issues.
How Open Carry Became Legal in Florida
On September 10, 2025, Florida’s First District Court of Appeal ruled in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), that Florida Statute § 790.053, the state’s decades-old ban on openly carrying firearms, violated the Second Amendment. The court applied the framework from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), and United States v. Rahimi, 602 U.S. 681 (2024), concluding that carrying a firearm openly represented the historically recognized default method of bearing arms, and that Florida’s ban flipped that historical presumption without adequate justification.
Florida’s Attorney General issued a formal guidance memorandum on September 15, 2025, directing prosecutors and law enforcement statewide not to arrest or prosecute law-abiding adults solely for visibly carrying a firearm. The memorandum specifically cited Pardo v. State, 596 So. 2d 665 (Fla. 1992), for the principle that a district court of appeal decision binds all trial courts statewide when no other appellate court has ruled on the same question. Because no other Florida appellate court had addressed this exact issue, McDaniels effectively became the operative law of the entire state, resolving the confusion that existed immediately after the ruling about whether it applied only within the First District.
Trap One: Public Property Versus Private Property
The Second Amendment governs how the government can restrict firearms in public spaces. It says nothing about private property. Private businesses, from major retailers to small shops, retain full authority to prohibit firearms on their premises, regardless of what the Second Amendment protects in public spaces generally.
If a private property owner asks someone carrying a firearm to leave, that request must be honored immediately. Remaining on private property after being asked to leave while armed creates real criminal exposure, commonly charged as armed trespassing. This charge carries serious consequences well beyond a simple trespassing violation, precisely because a firearm is involved.
Trap Two: Brandishing and Improper Exhibition
Open carry protects the right to visibly carry a firearm. It does not protect using that firearm as a threat during an argument or dispute. Grabbing a visibly carried weapon in a threatening manner during a confrontation, or otherwise using the firearm to intimidate someone, moves well beyond what open carry actually protects.
This kind of conduct can lead to charges including improper exhibition of a firearm or assault, entirely separate from the underlying legality of carrying the weapon in the first place. Keeping a firearm holstered and uninvolved in any dispute, regardless of how heated that dispute becomes, avoids this trap entirely.
Trap Three: Prohibited Locations
Florida Statute § 790.06(12) maintains an extensive list of locations where firearms remain prohibited regardless of open or concealed carry status. This list extends well beyond the obvious examples like airports, jails, and police stations. Schools, school administrative buildings, and professional athletic events all appear on this same prohibited list.
Because this list covers so many specific locations, anyone who takes open carry seriously needs to review Florida Statute § 790.06(12) directly rather than relying on assumptions about which locations qualify as prohibited. Bringing an openly carried firearm into one of these prohibited locations creates real criminal exposure, even though open carry itself remains entirely legal everywhere else.
What This Means Going Forward
Florida’s gun laws continue changing quickly, and staying informed about exactly where these boundaries sit matters for anyone who chooses to exercise open carry rights. The right itself is now firmly established following McDaniels, but the three traps described here, private property, threatening behavior, and prohibited locations, remain the primary ways otherwise law-abiding gun owners end up facing real criminal charges.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/Z-IP8soLkX8
Read: https://jgcrimlaw.com/articles/carrying-concealed-firearm-florida-slydell/
John’s Takeaways
- McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), struck down Florida’s open carry ban as unconstitutional under the Bruen and Rahimi framework, and Florida’s Attorney General directed statewide non-enforcement shortly afterward.
- Open carry rights apply only to public spaces. Private property owners retain full authority to prohibit firearms, and remaining after being asked to leave creates armed trespassing exposure.
- Open carry does not protect brandishing or threatening behavior. Using a visibly carried firearm during a dispute can lead to improper exhibition or assault charges.
- Florida Statute § 790.06(12) maintains an extensive list of prohibited locations, including schools and professional athletic events, that apply regardless of open or concealed carry status.
- Florida’s gun laws continue evolving rapidly. Staying informed about these specific boundaries protects against real criminal exposure even as open carry itself remains legal.
Facing Charges Connected to Open Carry in Central Florida?
I’ve been following Florida’s rapidly changing gun laws across Central Florida since 1993, and these three traps show up in real cases regularly. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s go through exactly what happened and figure out where your situation stands.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.