Florida Open Carry vs. Concealed Carry:

What You Can (and Can’t) Do

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People talk about guns in Florida the way fishermen talk about marlin—big, shiny, and always just out of regulation. One fellow swears the law lets him wear a six-shooter like a gun slinger; another insists you’d best tuck it under your shirt like a secret. Truth is, the Sunshine State now treats sidearms a bit like sunburn: you can get one out in the open or keep it under wraps, but either way you’d better know which beaches are closed. Courthouses, polling places, school games—those are the “no-swim” flags of Chapter 790. Mind the signs, respect the house rules, and remember: courage is not measured by how loud your holster squeaks, but how quietly your judgment works.

Here’s the short, plain-English difference in Florida—right now:

Open carry (gun visible)

  • Generally allowed statewide as of Sept. 2025 because a state appeals court struck down Florida’s open-carry ban (§790.053) and the Attorney General told police and prosecutors to follow that ruling. Expect ongoing litigation/possible changes, but agencies are currently treating open carry as lawful. (Tallahassee.com)
  • Same “no-carry” places still apply (courthouses, polling places, school/college events not about firearms, etc.). Private property owners (stores, workplaces) can forbid open carry and ask you to leave. (Online Sunshine)
  • The statute page hasn’t been updated yet and still shows the old ban—courts/AG guidance are what’s driving current practice. (Online Sunshine)

Concealed carry (gun not visible)

  • Permitless (a.k.a. “constitutional carry”) since July 1, 2023. You may carry concealed without a license if you meet the same eligibility criteria as a license holder under §790.06 (e.g., 21+, not prohibited, etc.). Licenses are still available and useful for reciprocity & certain purchase benefits (e.g., waiting-period exemption). (Florida Department of Agriculture)
  • Prohibited locations for concealed carry are listed in §790.06(12) (courts, polling places, school/college athletic events not related to firearms, etc.). These restrictions did not change with permitless carry. (Online Sunshine)
  • Accidental/brief exposure of a concealed firearm isn’t a crime (brandishing/threatening display is). (Online Sunshine)

Quick contrasts

  • Visibility: Open carry = firearm visible; Concealed = not visible.
  • Licensing: Open carry currently doesn’t require a license (per the court ruling); concealed carry doesn’t require one either since 7/1/2023, but a CWL is optional.
  • Where you can’t carry: Largely the same sensitive places for both (plus any private property that posts/asks you not to carry).

⚠️ This is a fast-moving area of law. Court decisions or legislative fixes could change details. For anything specific to your situation, check the current text of Chapter 790, local agency guidance, and consider legal counsel.

Here’s the exact list from Florida Statute §790.06(12)(a)—places you may not carry (open or concealed) under a CWL/permitless-carry rules:

  1. Any “place of nuisance” (see §823.05). (Online Sunshine)
  2. Police, sheriff, or highway patrol stations. (Online Sunshine)
  3. Detention facilities, prisons, or jails. (Online Sunshine)
  4. Courthouses. (Online Sunshine)
  5. Courtrooms (a judge can make exceptions for their courtroom). (Online Sunshine)
  6. Polling places. (Online Sunshine)
  7. Meetings of a county, public school district, municipality, or special district governing body. (Online Sunshine)
  8. Meetings of the Legislature or its committees. (Online Sunshine)
  9. School, college, or professional athletic events not related to firearms. (Online Sunshine)
  10. Elementary or secondary school facilities or administration buildings. (Online Sunshine)
  11. Career centers. (Online Sunshine)
  12. The bar areas or any portion of an establishment licensed to dispense alcohol that is primarily devoted to on-premises alcohol consumption. (Online Sunshine)
  13. College or university facilities (exception: a registered student/employee/faculty may carry a stun gun/nonlethal electric device for defense that does not fire a dart/projectile). (Online Sunshine)
  14. Inside the passenger terminal and sterile areas of airports (checking an encased firearm as baggage is still allowed). (Online Sunshine)
  15. Any place where firearms are prohibited by federal law. (Online Sunshine)

Two helpful clarifiers from the same section:

  • Vehicle: A licensed/eligible person is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes. (Online Sunshine)
  • Religious property: Carry is allowed on property used by a church/synagogue/other religious institution (subject to the list above and any federal law). (Online Sunshine)

 

 


I’m not your lawyer—this is general info. For any decision, talk to a qualified Florida firearms attorney and read the statutes yourself. Start with the primary sources below.

Florida statutes referenced

  • §790.06 — License to carry concealed weapon or firearm (also controls the “no-carry” locations). (Online Sunshine)
  • §790.053 — Open carrying of weapons (text of the open-carry section). (Online Sunshine)
  • §790.115 — Weapons/firearms at schools & school events (separate school property rule). (Online Sunshine)
  • §823.05 — Places declared a nuisance (referenced in the no-carry list). (Online Sunshine)
  • Chapter 790 index — Weapons & Firearms (table of contents for related sections). (Online Sunshine)

 

 


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