Updated October 2026
As firearm enthusiasts and responsible gun owners, staying informed about legal changes is crucial—especially in a state like Florida, where Second Amendment rights are robust but balanced with public safety measures. At Accurate Gun Auctions, we’re committed to providing our community with accurate, up-to-date information to help you bid, buy, and own with confidence. In this article, we’ll dive into the current landscape of open and concealed carry laws in Florida as of January 1, 2026, highlighting the groundbreaking shift in open carry and how it compares to concealed carry regulations.
A Brief History of Florida’s Carry Laws
Florida has long been a leader in expanding gun rights. In 1987, the state implemented a “shall-issue” system for concealed weapons licenses (CWLs), making it easier for eligible citizens to obtain permits. Fast forward to 2023, when Governor Ron DeSantis signed HB 543 into law, ushering in permitless concealed carry for adults 21 and older who aren’t otherwise prohibited from possessing firearms. This “constitutional carry” measure eliminated the need for training, background checks, or licenses to carry concealed—though optional CWLs remain available for reciprocity with other states and certain conveniences.
Open carry, however, told a different story. For nearly four decades, Florida Statute §790.053 banned the open carry of firearms in public, classifying it as a second-degree misdemeanor. That changed dramatically in September 2025, thanks to a judicial ruling rather than new legislation.
The 2026 Open Carry Revolution: What Happened?
On September 10, 2025, Florida’s First District Court of Appeal ruled in McDaniels v. State that the state’s open carry ban violates the Second Amendment under the U.S. Supreme Court’s Bruen (2022) framework, which requires gun laws to be consistent with historical traditions of firearm regulation. The decision took effect statewide on September 25, 2025, after Attorney General James Uthmeier directed law enforcement and prosecutors not to enforce the ban against law-abiding citizens (Attorney General guidance memo).
This isn’t a new law passed by the legislature—it’s a court-driven nullification of §790.053. As a result, eligible Floridians can now openly carry handguns, long guns (rifles and shotguns), and even electric weapons in most public spaces without a permit. However, this shift has introduced some “wonky” inconsistencies in the statutes, leading to confusion and calls for legislative clarification in the 2026 session.
Gun rights groups like the NRA and Florida Carry are celebrating the change, positioning Florida among the majority of states that allow some form of open carry.
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Open Carry vs. Concealed Carry: Key Similarities and Differences
Both open and concealed carry are now permitless in Florida for qualified individuals, but they aren’t identical. Here’s a side-by-side comparison:
| Aspect | Open Carry (Post-Sept. 2025) | Concealed Carry (Since 2023) |
|---|---|---|
| Permit Required? | No | No (optional CWL for reciprocity) |
| Age Requirement | 21+ | 21+ |
| Eligibility | Must not be a prohibited person (e.g., felons, those with domestic violence orders, mentally adjudicated individuals) | Same as open carry |
| ID Requirement | Not explicitly required, but recommended for interactions with law enforcement | Must carry valid ID at all times when carrying |
| Training/Background Check | None required | None required (but included in optional CWL process) |
| Vehicles | Allowed if visible and secured when unattended | Allowed, no permit needed |
| Private Property | At owner’s discretion; businesses can prohibit via signs, leading to trespass charges if ignored | Same as open carry |
The big difference? Visibility. Open carry means the firearm is openly displayed (e.g., in a holster), while concealed means it’s hidden from ordinary observation. Switching between the two is now seamless without legal hurdles, but always prioritize safety and awareness of your surroundings.
Prohibited Places and Restrictions: Where You Can’t Carry
Even with these expansions, Florida maintains strict “gun-free zones” under §790.06(12), which apply to both open and concealed carry. These include:
- Schools, colleges, and universities (including events).
- Courthouses, courtrooms, and polling places.
- Jails, prisons, and detention facilities.
- Government meetings (legislative, county, municipal, school board).
- Bars or portions of establishments primarily serving alcohol.
- Airports (beyond security) and federal buildings.
- Places of nuisance (e.g., illegal gambling sites).
A notable loophole in the open carry ruling: The prohibited places statute often specifies “concealed weapons” or “handguns,” potentially allowing open carry of long guns in some areas until clarified by courts or lawmakers. Law enforcement leaders, like Polk County Sheriff Grady Judd, urge caution and responsible behavior to avoid misunderstandings. Federal restrictions also remain in place, such as bans in post offices or national parks with specific rules.
Additionally, non-residents can carry concealed if they meet Florida’s criteria or hold a permit from a reciprocal state. Open carry for non-residents follows the same post-ruling guidelines.
Practical Advice for Florida Gun Owners
At Accurate Gun Auctions, we see a lot of excitement around these changes—bids on holsters, rifles, and handguns are up as owners adapt. If you’re considering open carry:
- Start Slow: Begin in familiar, gun-friendly areas to gauge public reactions and build confidence.
- Know Your Rights: If stopped by police, remain calm, inform them you’re carrying, and comply with requests. The ruling emphasizes “law-abiding” citizens, so avoid anything that could be seen as brandishing.
- Business Policies: Check for “no guns” signs. Businesses can set their own policies on their property.
- Optional CWL: Even with permitless carry, getting a license (via FDACS) provides benefits like expedited purchases and out-of-state reciprocity.
Remember, carrying a firearm is a serious responsibility. Consider training courses—even if not required—to ensure safe handling.
What the 2026 Legislative Session Changed
Florida’s 2026 regular session adjourned on March 13, 2026. Lawmakers passed SB 52, which lets people providing volunteer armed security at places of worship do so without a professional security license. Two closely watched bills did not pass: HB 133, which would have lowered the purchase age for long guns to 18, and HB 1551/SB 1748, which would have added product-liability protections for the firearm industry (NRA-ILA, Mar 16, 2026; verify final status at flsenate.gov). For sellers, the practical rules are unchanged from 2025: buyers must be 21 or older, and dealer sales still carry the 3-day handgun waiting period.
Source note: NRA-ILA is an advocacy group. Its bill statuses should match flsenate.gov.
Final Thoughts
Florida’s gun laws in 2026 reflect a dynamic balance between individual rights and community safety. Whether you’re open carrying for deterrence or concealing for discretion, knowledge is your best tool. At Accurate Gun Auctions, we’re here to help you find the perfect firearm to fit your lifestyle—browse our latest auctions for deals on compliant guns and accessories.
This article is for general information only and is not legal advice. Laws change; consult a qualified attorney or the relevant agency (FDLE, ATF, or FDACS) before buying, selling, or transferring a firearm.
