Florida’s Open Carry Shift: Implications for Employers
On September 10, 2025, Florida’s First District Court of Appeal ruled the state’s open carry ban unconstitutional (in violation of the Second Amendment of the U.S. Constitution) in McDaniels v. State of Florida . Attorney General James Uthmeier has told prosecutors and law enforcement that open carry is now “the law of the state,” and the Florida Sheriffs Association has advised deputies not to enforce the open carry ban, found in Section 790.053 of the Florida Statutes . While the statute remains on the books pending legislative action, enforcement has been effectively halted. Quick Hits Florida’s First District Court of Appeal has ruled the state’s open carry ban unconstitutional, leading the state attorney general to declare open carry as “the law of the state,” with the Florida Sheriffs Association advising deputies not to enforce the ban. Despite the court ruling, certain locations such as schools, government buildings, and places primarily serving alcohol remain gun-free zon...