Open Carrying of Weapons
Open carrying of a firearm or electric weapon or device when not otherwise authorized by law.
Florida Statute
§ 790.053
Open carrying of weapons
Quick Summary
Open carry is generally prohibited, subject to statutory exceptions. A brief ordinary-sight display of an otherwise lawfully concealed firearm is separately addressed by the statute.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Open Carrying
F.S. § 790.053(3)
Open carrying of a firearm or electric weapon or device, outside a statutory authorization.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant openly carried a firearm or electric weapon or device on or about the defendant's person.
Plain language: The item was carried openly rather than concealed.
- Element 2
The conduct was not otherwise provided by law or within a statutory exception.
Plain language: Confirm the applicable authorization or exception before charging.
Additional Notes
Additional Notes
Quick Reference
A covered firearm or electric weapon openly carried is generally a second-degree misdemeanor; review statutory authorizations and the brief-display provision.