Explore The NRA Universe Of Websites

APPEARS IN News

Open Carry Comes to Florida

Monday, September 22, 2025

Open Carry Comes to Florida

On September 10, the First District Court of Appeal of the State of Florida struck down the Sunshine State’s prohibition on open carry as a violation of the Second Amendment in the case McDaniel v. Florida. Enacted in 1987, the same year Florida became a Right-to-Carry state for concealed carry, the open carry statute (F.S.A. § 790.053) had provided that, with minor exceptions, “it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”

The court’s decision rested on the U.S. Supreme Court’s ruling in the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022). In Bruen, Justice Clarence Thomas’s opinion made clear that in order for a firearm regulation to survive a Second Amendment challenge, “the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”

The court in McDaniel made clear “the State has failed to carry its burden to show that Florida’s Open Carry Ban is consistent with this Nation’s historical tradition of firearm regulation.” The court went on to explain,

On this record, the State has failed to carry its burden. It identifies no Founding-era law that broadly prohibited the open carry of firearms in public. Nor does it cite any historical regulation imposing a burden or justification comparable to Florida’s Open Carry Ban. At most, it has pointed to laws regulating the method or manner of carry, but those laws left intact the ability to bear arms openly for peaceable purposes. By contrast, Florida’s Open Carry Ban eliminates that option altogether and thus extends far beyond anything recognized in our historical tradition.

On September 15, Florida Attorney General James Uthmeier put out a guidance memorandum on open carry in Florida in which he explained that “the McDaniels decision is now the law of the State.” Demonstrating a commitment to upholding the Second Amendment rights of Floridians, Attorney General Uthmeier also made clear “We Believe the McDaniels decision correctly applied Second Amendment law as enunciated in Bruen.”

Further, Attorney General Uthmeier instructed the criminal justice system throughout the state that,

Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying firearms in a manner that is visible to others.

Gun owners should know that Florida law prohibits otherwise lawful carry in certain sensitive locations. As Attorney General Uthmeier pointed out, some of these locations can be found at F.S.A. § 790.06(12)(a). Separate firearm location restrictions can be found at F.S.A. § 790.115 (“Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions”) and F.S.A. § 394.458 (hospitals providing mental health services).

Moreover, F.S.A. § 790.10 prohibits brandishing, specifically, “having or carrying any… firearm… in a rude, careless, angry, or threatening manner, not in necessary self-defense.”

Readers are encouraged to examine Attorney General Uthmeier’s full open carry guidance memorandum by clicking here.

TRENDING NOW
The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.