Florida is often celebrated as a state that champions individual freedoms, yet its strict prohibition on openly carrying firearms stands in stark contrast to its gun-friendly reputation. Enacted in 1987, Florida Statute §790.053 makes it illegal for most individuals to openly carry a firearm or electric weapon in public, with limited exceptions like hunting, fishing, or lawful self-defense. Violators face a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. But in the wake of the U.S. Supreme Court’s landmark 2022 decision in New York State Rifle & Pistol Association v. Bruen, this decades-old ban may no longer hold constitutional muster. Here’s why.
The Bruen Standard: A New Lens for Gun Laws
In Bruen, the Supreme Court redefined how courts evaluate firearm restrictions under the Second Amendment. Striking down New York’s restrictive concealed carry permitting scheme, the 6-3 majority held that the right to “bear arms” extends beyond the home, encompassing public carry for self-defense. The Court established a clear test: when the Second Amendment’s plain text covers an individual’s conduct, the government must justify its regulation by showing it aligns with the “historical tradition of firearm regulation” in the United States. Absent such historical precedent, the restriction is presumptively unconstitutional.
Florida’s open carry ban directly implicates this standard. The Second Amendment’s text—“the right of the people to keep and bear arms”—plainly protects carrying firearms, whether concealed or openly. Open carry, in particular, was the norm during the Founding era, with citizens routinely carrying muskets and pistols in public view. Under Bruen, Florida must prove its near-total ban reflects a longstanding historical tradition. The evidence suggests it does not.
Florida’s Ban: A Historical Outlier
Florida’s open carry prohibition lacks deep historical roots. While the state briefly allowed unrestricted open carry in 1987—coinciding with the passage of its concealed carry law—emergency legislation swiftly reinstated the ban amid tourism concerns. The modern statute traces back to an 1893 law, enacted decades after Reconstruction and over a century after the Second Amendment’s ratification. Critics, including groups like Gun Owners of America (GOA), argue this timing undermines its historical legitimacy. Worse, the 1893 law allegedly targeted newly freed Black citizens while sparing whites from enforcement—a discriminatory origin at odds with constitutional principles.
Contrast this with the Founding era: no broad bans on open carry existed in 1791 when the Second Amendment was adopted. Early American laws punished carrying weapons to terrorize or commit crimes, not peaceable open carry for self-defense. Even post-Civil War restrictions, often cited by gun-control advocates, focused on specific abuses rather than blanket prohibitions. Florida’s law, by criminalizing all open carry outside narrow exceptions, appears far more sweeping than anything historically tolerated.
Florida vs. the Nation
Florida’s stance is increasingly anomalous. As of 2025, 29 states permit some form of permitless carry, with most allowing open carry either with or without a license. Florida, despite its 2023 adoption of permitless concealed carry (HB 543), remains one of only four states—alongside New York, Illinois, and California—to flatly ban open carry in public spaces. This outlier status weakens the argument that its prohibition reflects a “national tradition” under Bruen. If anything, the trend toward deregulation suggests the opposite.
The Constitutional Tension
Under Bruen, Florida’s open carry ban faces a steep uphill battle. The conduct—openly carrying a firearm for self-defense—falls within the Second Amendment’s scope. The state must therefore produce historical analogues from the Founding or Reconstruction eras to justify it. Yet, broad bans like Florida’s are scarce in early American law. The Supreme Court in Bruen explicitly rejected modern policy arguments—like public safety or tourism impacts—as sufficient justification, focusing instead on history. Florida’s reliance on a late 19th-century statute, potentially tainted by racial bias, and its 1987 reinstatement for economic reasons, may not pass this test.
Legal challenges are already brewing. In 2024, GOA filed a federal lawsuit in the Southern District of Florida, arguing the ban violates Bruen’s historical standard. The complaint asserts that Florida’s law “would have criminalized the very colonists who openly carried their muskets” during the Revolution—a powerful nod to the Second Amendment’s origins. If courts apply Bruen rigorously, the ban could be struck down, aligning Florida with the majority of states that respect open carry rights.
What This Means for Floridians
For now, open carry remains illegal in Florida, and law-abiding citizens must comply or risk penalties. But the constitutional ground is shifting. The Bruen decision empowers individuals to challenge restrictive gun laws, and Florida’s prohibition is a prime target. Gun owners frustrated by the state’s inconsistency—permitless concealed carry but no open carry—may soon see relief, especially if the judiciary or legislature acts.
If you’re a Floridian concerned about your Second Amendment rights or facing charges related to firearm carry, the stakes are high. Navigating this evolving legal landscape requires experienced counsel who understand both Florida law and the implications of Bruen. Contact a knowledgeable law firm to explore your options and protect your constitutional freedoms. The right to bear arms, as the Supreme Court has affirmed, isn’t just a privilege—it’s a cornerstone of American liberty.
We do not believe that constitutional rights are negotiable and we are ready to protect your rights in court.
If you are charged with a crime based on openly carrying a firearm in Florida, we stand ready to fight for you. Call us toll free at 1-888-858-1505.
