Lawful Firearm Carry — Fishing, Hunting, Camping & Travel
Florida’s activity and expedition-travel exception under §790.25(2)(h), with separate vehicle rules and enforcement cautions.
Verified against the 2026 Florida Statutes: October 13, 2026. This is a lawful-use reference; verify current law and agency guidance.
Legal Status — Not a Routine Open-Carry Charge
- Printed statute ≠ enforceable charging authority. Section 790.053 still appears in the 2026 Florida Statutes, but McDaniels v. State (First DCA; September 10, 2025) held the section unconstitutional.
- Statewide enforcement guidance. The Attorney General’s September 15, 2025 memorandum advises officers and prosecutors not to arrest or prosecute law-abiding individuals merely for openly carrying a firearm.
- Later discussion is not an open-carry holding. Eubanks v. State (Fourth DCA; June 17, 2026) described the statute as potentially enforceable in the Fourth District, in expressly nonbinding dicta. It did not decide an open-carry prosecution. Check current agency and State Attorney guidance.
- Other restrictions still matter. Review the applicable prohibited-person, restricted-location, improper-exhibition, and trespass laws and their exceptions. Do not assume all government buildings are prohibited or that the firearm ruling resolves every electric-weapon case.
Sources reviewed September 16, 2026. This reference is not a determination of the latest docket, mandate, or appellate-review status. Verify current controlling law before enforcement.
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Concealed Carry — Age Alone Is Not Disqualification
Controlling limitation
- Eubanks v. State (Fourth DCA; June 17, 2026) held §790.06(2)(b) facially unconstitutional as applied to otherwise law-abiding adults aged 18–20. Do not use that printed age restriction alone to establish ineligibility under §790.01.
- FDACS reports that the Attorney General will not seek further review and that it issues concealed weapon licenses to applicants aged 18 or older who meet all other requirements. Other eligibility requirements, prohibited-person laws, restricted locations, and improper exhibition remain relevant; the ruling is not unrestricted carry authorization.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
Quick reference — §790.25(2)(h)
Fishing, camping, lawful hunting, and going to or returning from those expeditions are covered by the lawful-use exception. Confirm lawful possession and the activity or travel circumstances before assessing a carry offense.
Fishing, lawful hunting & camping
Section 790.25(2)(h) covers a person engaged in fishing, camping, or lawful hunting, including going to or returning from such an expedition. Subsection (2) applies notwithstanding §§790.01, 790.053, and 790.06, for lawful purposes, provided the person is not otherwise prohibited from owning or possessing a firearm under state or federal law. Consider this statutory exception when assessing open or concealed carry; do not treat absence of a concealed-carry license alone as resolving its applicability. Older materials cite §790.25(3)(h); the current 2026 provision is (2)(h).
Going to or returning from the expedition
Travel to and from fishing, camping, or lawful hunting is expressly included. Assess the actual activity and connection between the travel and expedition. Paragraph (2)(h) does not specify a mileage limit, time limit, or categorical rule for intermediate stops. Do not invent a universal direct-trip requirement; resolve disputed circumstances through current case law and agency or State Attorney guidance.
Private vehicles — a separate statutory route
Section 790.25(4)(a) permits a person 18 or older in lawful possession to keep a handgun or other weapon inside a private conveyance if securely encased OR otherwise not readily accessible for immediate use. That paragraph does not authorize carrying it on the person. Subsection (4)(b) separately addresses lawful non-handgun firearms in private conveyances and on-person concealed carry authorized under §790.01(1). Do not substitute these vehicle conditions for the distinct expedition exception in (2)(h).
Other restrictions & field assessment
Confirm lawful possession, the actual activity or travel, location, and conduct. The expedition provision is not blanket immunity from other offenses. Assess prohibited-person laws, minor-firearm rules and their hunting exceptions, school-property restrictions and their exceptions, improper exhibition, and trespass as applicable. For minors, §790.22(3)(c) expressly requires unloaded transport directly to or from qualifying hunting or shooting events; fishing or camping alone is not a listed exception in that subsection. Review any hunting or fishing requirements separately. Preserve current open-carry legal-status guidance and concealed-carry age cautions before enforcement.