Is Open Carry Legal in Florida After the 2026 Regulatory Updates?

Yes, Open carry is generally prohibited in Florida under §790.053, Fla. Stat., with exceptions for hunting, fishing, camping, or while engaged in or going to/from target practice. A 2026 legislative push to expand open carry rights faces stiff opposition from the Florida Sheriffs Association and local municipalities like Miami-Dade, which have signaled enforcement against unauthorized displays.


Key Regulations for Open Carry in Florida

  • Statutory Ban: §790.053 explicitly criminalizes openly carrying firearms in public, punishable as a second-degree misdemeanor. Exceptions require proof of lawful activity (e.g., hunting licenses or target range membership).
  • Local Ordinance Conflicts: Counties such as Broward and Palm Beach have enacted additional restrictions, including buffer zones around government buildings, despite state preemption laws under §790.33.
  • Permit-Required Alternatives: Concealed carry permits (issued under §790.06) remain the primary legal pathway for carrying firearms in public, with reciprocity honored across 37 states via Florida’s participation in the National Concealed Carry Reciprocity Act.

Enforcement trends show increased scrutiny in urban centers like Orlando, where police departments have prioritized compliance checks near high-density areas. The 2026 legislative session may alter this landscape, but as of Q2 2024, open carry remains unlawful without qualifying exceptions.