Open carry and detention
No. 1D2023-0533 (Fla. 1st DCA 2025)
Florida DCA decision — check controlling district and later decisions.
Quick Rule
The First DCA held Florida's general open-carry ban unconstitutional. Open carry alone should not be treated as automatic detention or arrest authority.
Field Reminder
Follow current agency and State Attorney guidance. Identify any separate unlawful conduct, prohibited location, or prohibited-person facts.
Open-carry legal status — verify current guidance
The Attorney General issued statewide guidance against arresting law-abiding people merely for open carry. The statute remains printed; later district discussion is not a substitute for current charging guidance. Other weapons restrictions remain relevant.
Sources
Opinion sources reviewed October 4, 2026. Editorial summaries; not a comprehensive review of later decisions or Florida-specific requirements. Follow agency policy, certified training, and State Attorney guidance.