Open Carrying of Weapons
Legal-status reference: the printed open-carry prohibition is subject to McDaniels and statewide Attorney General guidance.
Florida Statute
§ 790.053
Open carrying of weapons
Verified against the 2026 Florida Statutes: September 16, 2026
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.
Quick Summary
The 2026 statute still prints the open-carry prohibition and second-degree misdemeanor penalty. McDaniels v. State (First DCA; September 10, 2025) held section 790.053 unconstitutional. The Attorney General's September 15, 2025 statewide guidance advises officers and prosecutors not to arrest or prosecute law-abiding individuals merely for openly carrying a firearm. Eubanks v. State (Fourth DCA; June 17, 2026) described the statute as potentially enforceable in that district in expressly nonbinding discussion, not an open-carry holding. Do not use the printed elements or penalty alone as charging authority; consult current agency and State Attorney guidance. Separate location restrictions, prohibited-person laws, improper exhibition, and applicable trespass laws remain relevant.
Check §790.25(2)(h): fishing, camping, lawful hunting, and going to or returning from those expeditions may fall within the lawful-use exception, subject to lawful possession and applicable restrictions.
Lawful Firearm Carry — Fishing, Hunting, Camping & Travel →Printed Statutory Penalty — Legal Review Required
The misdemeanor designation below is printed in section 790.053(3), not a routine charging recommendation. McDaniels and statewide Attorney General guidance must be considered. Consult current agency and State Attorney guidance before enforcement.
Open Carrying
F.S. § 790.053(3)
Printed penalty only: section 790.053(3) lists a second-degree misdemeanor. McDaniels held section 790.053 unconstitutional; the Attorney General's statewide guidance advises against arrests or prosecutions based merely on lawful open firearm carry. This is not a routine charging classification. Obtain current agency and State Attorney guidance.
Printed Statutory Elements — Legal Review Required
Printed Statutory Elements — Legal Review Required
These describe the printed statute only. They do not establish current charging authority. Read the legal-status warning and obtain current legal guidance before enforcement.
- Element 1AND — Required
Printed Statutory Text — Legal Review Required
Printed statutory conduct: openly carrying a firearm or electric weapon or device on or about one's person.
Plain language: This describes the printed statute, not independent authority to arrest or charge. McDaniels and the Attorney General's statewide guidance must be considered; do not infer that the firearm ruling resolves every electric-weapon circumstance.
- Element 2AND — Required
Printed Statutory Text — Legal Review Required
Printed statutory limitation: the conduct is not otherwise provided by law or within a statutory exception.
Plain language: Review the constitutional ruling and current legal guidance before considering the printed prohibition. A statutory exception check alone does not establish enforceability.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Quick Reference
Do not treat peaceful open firearm carry by a law-abiding person as a routine section 790.053 misdemeanor. McDaniels v. State (First DCA; September 10, 2025) held the section unconstitutional. The Attorney General's September 15, 2025 statewide guidance advises officers and prosecutors to refrain from arresting or prosecuting law-abiding people merely for openly carrying a firearm. The printed statutory penalty is retained only as a legal-status reference.
Later Appellate Discussion
Eubanks v. State (Fourth DCA; June 17, 2026) involved concealed carry, not an open-carry conviction. Its description of section 790.053 as potentially enforceable in the Fourth District was expressly labeled dicta with no precedential value. It should not be described as a holding reinstating the open-carry ban. Verify subsequent controlling decisions and current State Attorney guidance before enforcement.
Separate Restrictions Remain
Assess the exact statute, location, conduct, and exceptions. Separate prohibited-person laws, improper exhibition under section 790.10, applicable school and restricted-location laws, and trespass after a property owner's warning remain relevant. Do not assume every government building is categorically prohibited. Do not assume the firearm ruling resolves all electric-weapon circumstances.