The US law allows all Americans to own and carry firearms. However, every state pretty much offers freedoms beyond that, including what you can and can’t carry, where you can go with it, and whether you’ll need a permit.
That said, Florida is undoubtedly one of the friendliest states you can live in as a gun holder. In fact, it has the highest number of concealed carry licenses in the nation. Still, as you probably know, you’ll need a permit to carry. That is until recently.
On July 1, 2023, a bill governing how FL residents carry guns officially became law. The bill was signed back in April, completely scrapping the need for a license. But there are conditions and exceptions to the rule.
So, here’s all you need to know about the new Florida Open Carry Law:
What Does Florida’s New Gun Law Say?
Prior to this law, Florida typically allowed only concealed carry with a background check, some training, and a license. Basically, concealed carry means that you can carry a gun on your person publicly, but it shouldn’t be visible. Ideally, in a concealment holster.
The new law allows permitless carry, which now means you don’t need a license to carry a concealed weapon in public. So, how does this development actually affect open carry? While the new legislation does allow anyone to carry a gun permit-free, the ban on open carry is still active. You can’t openly carry a firearm in public.
However, you can open carry:
- Chemical sprays developed for self-defense, e.g., mace or pepper spray.
- Non-fatal electronic devices, e.g., stun guns and tasers.
Who is Exempt from Open Carry Restrictions in Florida?
While it’s generally illegal to openly carry a firearm in Florida, there are some exceptions to the law. Basically, some individuals are allowed to carry guns openly, but with conditions for carry and use. These include:
- Active members of the Army, the National Guard, and the Florida State Defense Force.
- Law enforcement officers.
- Government officials, with approval, of course.
- Lawful hunters, fishermen, or campers engaging in the practice.
- Gun collection organizations, usually during relevant events.
- Full-time investigators.
- Active-duty tactical medical professionals who work alongside law enforcement.
- Gun dealers, manufacturers, and repairers.
As a regular resident, you may also open carry:
- In your private residence, car, or business
- When transporting an unloaded gun from a place of purchase, provided it’s unloaded and wrapped.
- When legally using the gun for testing, such as in an indoor shooting range.
Remember, these exceptions come with some conditions, and you should tread carefully.
Who Can’t Open Carry in Florida?
Despite the exemptions, some people can’t open carry in Florida no matter what. These include:
- Anyone forbidden by federal law, i.e., felons, fugitives, dishonorably discharged army members, illegal foreigners, to name a few.
- Any person determined to be mentally incompetent by Florida state.
- Individuals in a place of nuisance, in other words, an illegal establishment or gathering.
- Anyone violating Florida firearm laws.
Consult a Firearms Attorney for Florida Open Carry Law Violation Arrest or Charges
While it’s legal to carry a gun in Florida, there are numerous rules around it. This means it’s also easy to get arrested for violations you’re unaware of, for instance, open carry. If you’ve brushed with the law about this, contact a firearms lawyer immediately for help figuring out the way forward.
