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
Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

News  

Monday, February 2, 2026

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

One bill has stood above the rest for decades as NRA-ILA’s top federal priority, and the New York City Metro area has once again shown why.

Hawaii Introduces “Anti-Wolford” Bill

News  

Monday, February 2, 2026

Hawaii Introduces “Anti-Wolford” Bill

The United States Supreme Court has barely finished hearing oral arguments in Wolford v. Lopez, the Hawaii “vampire rule” litigation, and already Aloha State lawmakers have been panicked into an attempt at a preemptive legislative workaround.  ...

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.

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Friday, January 30, 2026

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Today, the National Rifle Association, along with the Independence Institute and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to strike down the federal prohibition on firearm possession by marijuana users.

New Mexico: Senate Committee to Hear Sweeping Gun Control Bill

Monday, February 2, 2026

New Mexico: Senate Committee to Hear Sweeping Gun Control Bill

Update: SB 17 was not heard Monday but could come up at any time! Continue to contact your lawmakers!     On Monday, February 2nd, the New Mexico Senate Judiciary Committee is scheduled to hold a hearing on an ...

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.

Oregon: Gun Control Scheduled for Day One of Session!

Saturday, January 31, 2026

Oregon: Gun Control Scheduled for Day One of Session!

On Monday, February 2nd, the Oregon Legislature will convene for the 2026 session, and gun control is already queued up for the first day of session.

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.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

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.