Florida Permitless Carry Update: Two Big Changes Since the Original Law Passed
Florida permitless carry rules have shifted significantly since Florida first eliminated the licensing requirement for concealed weapons back in 2023. Two specific developments genuinely change what Florida gun owners need to know, and both happened after most of the original explainer content about this law was recorded.
Confused About Current Florida Gun Carry Rules?
Florida’s gun laws have changed meaningfully since permitless carry first took effect. Call John Guidry at (407) 423-1117 to make sure you understand where things actually stand.
Update One: Florida Is Now an Open Carry State
For a long time, Florida’s permitless carry law was specifically limited to concealed carry. Walking around with a visible firearm in a holster remained illegal, and law enforcement and legal commentators repeatedly emphasized this distinction. That has changed.
On September 10, 2025, Florida’s First District Court of Appeal ruled in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), that Florida’s open carry ban violated the Second Amendment. The court applied the historical 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), finding that openly carrying a firearm reflected the traditional, historically protected method of bearing arms. Florida’s Attorney General directed statewide non-enforcement of the old open carry ban shortly afterward, and open carry became functionally legal across the entire state, not just within the First District.
This is a real, meaningful shift. Openly carrying a firearm, not just concealing it, is now legal in Florida, subject to the same underlying eligibility requirements and location restrictions that always applied to concealed carry.
Update Two: The Age Requirement Changed for 18-to-20-Year-Olds
Florida’s permitless carry law originally required carriers to be at least 21 years old. That requirement changed too. On June 17, 2026, Florida’s Fourth District Court of Appeal ruled in Eubanks v. State, 2026 WL 1740598 (Fla. 4th DCA 2026), that the 21-year age floor was unconstitutional as applied to adults ages 18 to 20. The court found that this age group counts among “the people” the Second Amendment protects, and that Florida couldn’t identify an adequate historical tradition supporting the age-based restriction.
Florida’s own licensing agency has confirmed it now accepts applications from 18-year-olds statewide as a practical matter following this ruling. Anyone relying on an older explanation of Florida’s carry laws that insists on a strict 21-year minimum needs to understand that this requirement has genuinely shifted.
What Hasn’t Changed
Several core requirements from the original 2023 law remain firmly in place. Anyone carrying under Florida’s permitless framework still cannot have a disqualifying felony conviction. Location restrictions under Florida Statute § 790.06(12) still prohibit firearms at schools, professional athletic events, and several other specific locations, regardless of whether the firearm is carried openly or concealed. Domestic violence-related disqualifiers, including certain misdemeanor convictions and active injunctions, still apply as well.
Why Getting Current Information Matters So Much
Florida’s gun laws have moved quickly over the past few years, and relying on an explanation from even a year or two ago risks missing a genuinely significant change. Both the open carry shift and the age adjustment for 18-to-20-year-olds represent real, substantive developments, not minor procedural tweaks. Anyone planning to carry a firearm in Florida, openly or concealed, should verify they’re working from the most current understanding of these rules rather than an outdated summary.
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/W0nuv2mwK5c
John’s Takeaways
- Florida is now an open carry state. McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), struck down the state’s open carry ban, and the Attorney General directed statewide non-enforcement shortly after.
- Adults 18 to 20 years old can now carry under Florida’s permitless framework. Eubanks v. State, 2026 WL 1740598 (Fla. 4th DCA 2026), struck down the previous 21-year age requirement as unconstitutional for this age group.
- Core eligibility requirements remain unchanged. Felony convictions, certain domestic violence history, and active injunctions still disqualify someone from permitless carry.
- Location restrictions under Florida Statute § 790.06(12) still apply regardless of open or concealed carry, prohibiting firearms at schools, athletic events, and other specific locations.
- Florida’s gun laws continue evolving quickly. Anyone relying on older explanations of these rules should verify their information reflects the most current legal landscape.
Facing a Weapons Charge in Central Florida?
I’ve been following Florida’s rapidly changing gun laws across Central Florida since 1993, and staying current on these developments matters enormously for anyone facing a related charge. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s make sure you understand exactly where the law stands in your specific situation.
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.