Sheriff's message: Changes to Florida open carry law following ruling

Date Added: September 11, 2025 8:38 pm

As many of you may have heard, there has been a significant change to Florida’s open carry law.
 
Yesterday, the First District Court of Appeal, in McDaniels v. State, ruled the state’s Open Carry Ban (section 790.053) is unconstitutional. The court held that Florida’s open carry ban violates the Second Amendment right to carry arms openly for self-defense and cannot be reconciled with the Second Amendment guarantee.
 
Although this change is not yet final, it is not expected that the court will reverse its position. With that, I have instructed my deputies to no longer enforce or make any arrest under Section 790.053, Florida Statutes. 
 
I would like you to be well informed about this change – what it means, what’s allowed and what remains prohibited.
 
It’s important to remember open carry is not absolute. This ruling does not prevent owners of private property or businesses from prohibiting open carry on their property. That could include businesses like grocery stores and other private establishments. 
 
Additionally, this ruling does not change restricted areas to include courthouses, police stations/sheriff’s offices, polling places, government meetings (county council, city commission, school board) and other locations set out in Section 790.06(12)(a).
 
As your Sheriff, I ask you stay informed about this change or any new legislative developments, exercise sound judgment and be responsible.
 
- Sheriff Chitwood