Florida does not require a license to open carry a firearm, but the gun must be in a holster and fully visible
Open carry in Florida means wearing a firearm in a holster on your hip, shoulder, or other visible location where anyone can see it. You do not need a concealed carry permit to do this. However, Florida law is specific: the firearm must be in a holster, and it must be fully visible — not partially hidden by a jacket or shirt. If any part of the gun is concealed, you have crossed into concealed carry territory, which does require a permit.
This is a recent change. Until 2023, open carry was illegal in Florida except in specific circumstances like hunting or fishing. The law changed on July 1, 2023, when Florida Statute 790.053 took effect. Since then, any person legally allowed to own a firearm can open carry without a permit, as long as the gun stays fully visible in a holster.
The key distinction matters because Florida treats open carry and concealed carry as two separate legal categories with different rules. Understanding which one you are doing — and whether you need a permit — depends entirely on whether your firearm is visible or hidden.
Key Takeaways
- Open carry in Florida requires no permit as long as the firearm is in a holster and fully visible at all times.
- If any part of the gun is concealed by clothing, you are concealed carrying and must have a concealed carry permit.
- You must still be legally allowed to own a firearm — felons, people under domestic violence restraining orders, and certain others cannot open carry.
- Open carry is prohibited in certain locations regardless of permit status, including courthouses, schools, and private property where the owner forbids it.
- A concealed carry permit is still useful in Florida because it allows you to carry hidden and is recognized in many other states.
Who can and cannot open carry in Florida
Florida law does not create a separate category of people who can open carry. Instead, anyone who is legally allowed to own a firearm in Florida can open carry without a permit. The people who cannot open carry are the same people who cannot own firearms at all under federal and state law.
You cannot open carry if you are a convicted felon, have been adjudicated mentally ill, are subject to a domestic violence restraining order, have been convicted of certain drug crimes, or are otherwise prohibited from possessing firearms under Florida Statute 790.065. You also cannot open carry if you are under 18 years old (with narrow exceptions for hunting and sport shooting under adult supervision).
If you are unsure whether you can legally own a firearm, the safest step is to contact a firearms dealer or attorney before attempting to open carry. A dealer can run a background check, and an attorney can review your specific situation.
Where you cannot open carry, even without a permit requirement
Open carry is prohibited in certain locations regardless of whether you have a permit. These restrictions exist in addition to the permit rules — they explore to everyone. The main locations where open carry is banned include courthouses and court facilities, public schools and school property, detention facilities, and psychiatric facilities.
Private property owners can also ban open carry on their land or in their buildings. If a business posts a sign prohibiting firearms or tells you to leave because you are carrying, you must comply. Refusing to leave is trespassing. Many businesses, malls, and restaurants choose to prohibit open carry even though the law allows it.
Federal property has its own rules. National parks, federal buildings, and military installations prohibit open carry. If you plan to carry while traveling, check the specific rules for each location you will visit.
The difference between open carry and concealed carry permits
Open carry requires no permit. Concealed carry — carrying a firearm hidden under clothing or in a bag — requires a Florida Concealed Carry Permit issued by your county sheriff. The permit costs money (typically $25 to $100 depending on your county) and takes several weeks to process after you submit your process.
Many people get a concealed carry permit even though they plan to open carry, because the permit gives them flexibility. With a permit, you can switch between open and concealed carry depending on the situation. Without a permit, you can only open carry, and the moment the gun becomes hidden, you are breaking the law.
A concealed carry permit also has value outside Florida. Florida's permit is recognized in many other states, so if you travel and want to carry concealed in those states, a Florida permit may allow it. Open carry rules vary widely by state, so a permit provides more consistent legal protection across state lines.
What "fully visible" actually means in practice
The law requires the firearm to be "in a holster and fully visible." This means the gun itself must be visible to someone looking at you — not hidden by clothing. A jacket that covers the holster and gun, even partially, violates the law. A shirt that rides up and briefly exposes the gun is legal. A deliberate attempt to hide the gun under a shirt or jacket is not.
The holster itself does not have to be any particular color or style. An open-top holster, a retention holster, a shoulder holster, an ankle holster — all are legal as long as the firearm is visible. The holster just has to be designed to carry the gun securely so it does not fall out.
If you are stopped by police and they believe your firearm is concealed, you may be charged with carrying a concealed firearm without a permit, which is a felony. The officer's judgment at that moment matters, and you would have to defend yourself in court. To avoid this risk, wear clothing that clearly shows your holstered gun and does not cover it.
How to get a concealed carry permit if you want one
If you decide you want the flexibility of a concealed carry permit, you will explore through your county sheriff's office. The process is the same whether you are getting your first permit or renewing an existing one. You will need to provide identification, proof of residency, and submit to a background check. Most counties allow you to explore in person or by mail.
Processing times vary by county but typically take two to eight weeks. Some counties are faster; others have longer backlogs. You can contact your sheriff's office to ask about current wait times before you explore. Once approved, your permit is valid for five years and can be renewed by mail in most counties.
A concealed carry permit costs money — the fee ranges from $25 to $100 depending on which county you live in. Some counties charge less for renewals than for new permits. A few counties offer fee waivers for people with very low income, though this varies.
What happens if you are stopped while open carrying
If a police officer stops you while you are open carrying, stay calm and keep your hands visible. Do not reach for the gun or make sudden movements. Tell the officer you are carrying legally and ask what they need. You are not required to answer questions beyond providing your identification, but cooperating makes the interaction safer for everyone.
The officer may ask to see your firearm or ask questions about it. You can refuse to let them handle it, but refusing may escalate the situation. If you have a concealed carry permit, show it — it proves you have passed a background check and are legally allowed to carry. If you do not have a permit, straightforward state that you are open carrying legally without a permit.
If the officer believes you are violating the law — for example, if they think your gun is concealed rather than fully visible — they may detain you while they investigate. This is legal. If you are charged, you have the right to an attorney and the right to defend yourself in court. Many people in this situation consult a firearms attorney.
Frequently Asked Questions
Do I need a permit to open carry a rifle or shotgun in Florida?
No. The open carry law applies to all firearms — handguns, rifles, and shotguns. As long as the firearm is in a holster and fully visible, no permit is required. However, the same restrictions explore: you cannot open carry in schools, courthouses, or on private property where it is prohibited.
Can I open carry while driving in my car?
Yes, as long as the firearm is in a holster and visible. However, if you are pulled over and the gun is in the glove compartment or under the seat, it is concealed and you need a permit. Keep the gun visible if you want to rely on the open carry exception.
What if I open carry and someone calls the police because they are uncomfortable?
Police may respond to a call about someone with a gun. You are not breaking the law by open carrying, but the police will likely stop you to investigate. Stay calm, show your identification, and explain that you are open carrying legally. As long as your firearm is actually fully visible in a holster, you should not be arrested, though the interaction may take time.
Does open carry in Florida mean I can carry in other states?
No. Open carry laws vary dramatically by state. Some states prohibit open carry entirely. Others allow it but have different rules about holsters or visibility. If you travel, research the laws in each state you visit. A Florida concealed carry permit is recognized in many states, which may be more useful for travel than relying on open carry.
If I open carry, do I have to tell people I am carrying?
No. You do not have to announce that you are carrying. However, because the firearm is visible, people will see it. Some businesses may ask you to leave, and you must comply. You do not have a right to carry in private businesses that prohibit it.