Florida’s New Open Carry Landscape: What Business Owners Need to Know

Florida’s firearm laws underwent significant changes in September 2025. On September 10, the First District Court of Appeal struck down section 790.053 of the Florida Statutes, which had prohibited open carry. In McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA 2025), the court held that the ban violated the Second Amendment under the text-and-history framework established in N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The decision directly undercut the Florida Supreme Court’s earlier ruling in Norman v. State, 215 So. 3d 18 (Fla. 2017), which had upheld the statute under intermediate scrutiny. Shortly after the McDaniels ruling, the Attorney General instructed law enforcement statewide not to enforce the open-carry prohibition.

Although the open-carry ban has fallen, many restrictions remain firmly in place. Firearms are still prohibited in locations listed in section 790.06(12)(a), which include police stations, courthouses, polling places, government meetings, school and professional athletic events not related to firearms, and the bar-only portions of establishments serving alcohol. Florida’s prohibition on improper exhibition, section 790.10, remains unchanged and criminalizes brandishing a weapon in a threatening or careless manner. Section 790.115 continues to prohibit firearms on school property and at school events. Just as importantly, private property owners may continue to establish and enforce no-weapons rules on their premises. If a customer or visitor refuses to comply after notice, trespass laws apply, including the enhanced penalties for armed trespass set out in section 810.09(2)(c).

Employers must also account for Florida’s “bring your gun to work” statute, section 790.251. That law protects an employee’s right to keep a lawful firearm locked inside or to a private vehicle parked in an employer’s lot, and it forbids employers from inquiring about, searching for, or disciplining an employee based on the presence of such a firearm. Federal courts have largely upheld this statute against constitutional and preemption challenges. See Fla. Retail Fed’n, Inc. v. Att’y Gen. of Fla., 576 F. Supp. 2d 1281 (N.D. Fla. 2008). The First District Court of Appeal has also enforced Florida’s broad firearms preemption law against public universities attempting to regulate vehicle storage. Fla. Carry, Inc. v. Univ. of N. Fla., 133 So. 3d 966 (Fla. 1st DCA 2013) (en banc).

Liability concerns remain an important consideration. While Florida courts have not yet addressed negligent security in the context of lawful open carry, long-standing principles suggest that businesses must remain attentive to foreseeability. In Merrill Crossings Assocs. v. McDonald, 705 So. 2d 560 (Fla. 1997), the Florida Supreme Court confirmed that owners may be liable for failing to take reasonable steps to protect patrons from foreseeable criminal acts. This reasoning may influence future cases where violence occurs on premises that permit or restrict open carry, but lack clear policies or adequate staff training.

For business owners, the immediate steps are clear. Decide whether to allow or prohibit open carry on your premises and communicate that decision through signage and internal guidance. Update employee handbooks to clarify workplace restrictions while expressly preserving the parking-lot protections required by statute. Train staff to handle encounters with armed customers respectfully and safely, and ensure supervisors understand when to escalate matters to security or law enforcement. Finally, monitor appellate developments, since further review of McDaniels remains possible.

Florida’s new open carry environment does not leave businesses powerless. Property rights, statutory restrictions, and liability principles still provide structure. By adopting clear and well-enforced policies, employers can strike a balance between compliance and safety, while maintaining control over their workplaces.