On Wednesday, September 10, 2025, Florida’s First District Court of Appeal ruled that the state’s Open Carry Ban (Florida Statute 790.053) is unconstitutional. The Court found that banning the open carry of firearms conflicts with the Second Amendment.
Wednesday afternoon, Jacksonville Beach Police leadership instructed officers that they cannot detain or arrest solely based on openly carrying a firearm.
Here is what the public needs to know:
Open Carry in Public
Adults who can legally possess a firearm are now not prohibited from open carry of it in most public places.
Private Property Rights
Businesses, stores, and private property owners may still prohibit open or concealed carry of firearms on their premises.
Restricted Areas
Open carry is allowed in public, unrestricted areas. Restricted areas remain: courthouses; police and sheriff’s offices; certain government buildings; school property, including K–12 campuses, school buses, and school-sponsored events; and colleges and universities.
Additionally, it remains illegal to possess a firearm as a convicted felon or while committing a crime.