There is an ongoing debate about gun laws in the USA, with different states having regulations about guns, and many would ask, is Florida an open carry state? The Sunshine State is vibrant and a tourist destination where the safety of locals and tourists is key.
Texas recently passed the open carry law, allowing citizens to display their concealed guns openly.
Florida is still debating about the section to permit citizens to carry guns openly. About 1.45 million Floridians seek a positive outcome in the open carry law.
So, Is Florida an Open Carry State?
No, Florida is not an open-carry state. Anyone in possession of a gun must conceal it. Licensed owners are not allowed to carry guns in learning institutions, government buildings, entertainment joints, and gatherings where it may be dangerous to the crowd.
Individuals with injunctions are also not permitted to carry guns around.
Read ahead as we explore Florida’s open carry laws, differences, and advantages. We also answer a few questions about Florida’s carry status.
What is the Status of Open Carry in Florida?
Unlike other states that permit open carry, Florida has not passed a law allowing individuals to display their guns. In its statutes 790.053 and 790.25, the law explicitly forbids persons from openly carrying firearms and electric weapons.
According to the statute, it is illegal for one to open carry in Florida. However, there are a few provisions that allow for open carry.
In statute 790.25(3)(h), individuals can openly carry firearms to and from gun ranges, fishing, hunting, and camping.
Even though open carry is allowed for the activities above, the carrier must ensure the travel is continuous and that there are no stops on the way to the destination.
Further, in section 790.25(3)(n), gun owners are allowed to open carry in their places of business or home. However, guests at your home cannot open carry while on your property, even when you permit them.
Employees are also permitted to open carry at their workplaces. In this situation, the business owners may still prohibit the employees from open carry at the business premises or on their property. A further Florida statute 790.25(5) permits open carry of firearms in a private vehicle.
The owner must be 18 years of age. The regulation may be good but can predispose the gun owner to those who want to steal the weapon or may attract unwanted attention.
Critical Differences Between Concealed Carry and Open Carry
Gun laws are complex, and navigating through the open carry and closed carry can be challenging. Gun owners must understand the responsibilities and rights that come with the firearm.
Understanding the regulations behind gun ownership helps comply with the law and ensure the community’s safety.
So, what is concealed carry and open carry?
Open carry refers to carrying a gun in visibility. Concealed carry entails discreetly carrying a firearm in public.
In open carry, weapons are often in unobstructed view, making it evident to others that you’ve carried a weapon.
The gun is set in a sling or holster and put on a belt. Most of the open carry situations are with police.
In closed carry, the firearm is out of sight and often hidden or very close to the body, where those around you may find it hard to notice. The concealed carry is achieved when carrying the firearm in a purse or pocket.
Rules and Restrictions Of Open Carry in the State
States that allow open carry will have owners carry the firearms openly with or without a license. This implies that legal firearms owners may carry them on display without extra regulatory mandates.
Some states that do not allow open carry may demand additional permits or licenses from the gun owner. Safety training, age restrictions, and background checks are vital requirements.
Other states proscribe the open carry of firearms wholly. This is regardless of having the license to own a firearm.
Most of these states have strict gun policies and are located in urban areas where there is a high risk of gun violence.
Open Carry Drawbacks and Benefits in Florida
The hot debate of open carry is still controversial among gun enthusiasts and gun control advocates who have battled over the laws regarding open carry in states. Despite the controversy, the carry has its benefits and drawbacks.
Open Carry Benefits
- The visibility of the gun can be a good warning to criminals to keep them away from attacking you.
- It also allows easy and quick access as no obstacles are blocking it. The access lets the owners swing into action easily when danger arises or through life-threatening situations.
- Individuals in temperate climates find the open carry very comfortable as there is no extra layer of fabric.
- It is a way to exercise “Second Amendment” rights, which permit citizens to exercise constitutional rights.
- It makes it easy to respond to threats and emergencies in remote areas where law enforcement may not be readily available.
Open Carry Drawbacks
- The sight of a firearm is likely to cause fear and unease since not everyone feels comfortable around guns.
- Open carry may lead to the escalation of a situation, making the firearm owner a primary target.
- The firearm can easily be grabbed, leading to a security issue.
Owning a Gun In Florida
Citizens are allowed to purchase and own a gun in Florida. However, there are essential requirements to meet before owning a firearm.
- Age restriction. Minors under 18 years should not own or possess a firearm. However, there are a few exceptions in Florida Statute 790.22(3), which states that a minor might have unloaded a firearm at home.
Also, a minor can possess a firearm while hunting. Minors under 16 years must have adult supervision.
- Lawful age to purchase a firearm. Users in Florida must be the age of 21 to purchase lawfully and own a firearm. However, they can legally have it at 18-21.
- No license is needed to own a firearm. However, a permit is required to conceal carry any firearm.
- Registration of a firearm is not legal, and no government institution can keep a list of firearms in the registry.
- You need a Federal Firearms License to sell firearms as a business owner.
Handling and Storage of Firearms in Florida
Gun ownership and training ensure individuals are responsible and can abide by local and federal firearm laws.
Handling the guns properly emphasizes safety and ensures the guns do not land in the wrong hands. Below are some practices.
- When open carrying, ensure the gun is secured to prevent an accidental fall or easy grabbing from the targets.
- When not using the gun, lock it in a safe or cabinet to prevent unauthorized access and eliminate instances of accidents.
- Do not point the gun directly to a person unless you plan to shoot. Also, ensure you keep your finger away from the trigger if you don’t intend to trigger it.
- Always use gun locks for secure storage.
- Exhibit the ethical behavior of a gun owner, which includes respecting other people’s rights, proper storage of firearms, and teaching others how to handle guns correctly.
FAQs
1. Can You Open Carry in Florida?
Florida prohibits open carry. However, in circumstances like hunting, fishing, and camping, users can open carry but ensure they don’t stop until they reach the destination.
2. Can Tourists Carry Guns in Florida?
Yes, tourists can carry guns in Florida. The authorization was effective from July 1, 2023. However, the regulations about open carry still run across, and hence, they need to understand the limits regarding gun ownership.
3. Can You Carry a Gun in a Bar in Florida?
No, you cannot carry a gun in a bar in Florida. If found, you’ll be under the statute 790.06(12), a second-degree misdemeanor where offenders get up to 60 days in jail or a probation of six months.
4. Can I Carry a Loaded Gun in My Car in Florida?
Yes, you can carry a loaded gun in your car in Florida. However, you’ll need to have a permit for open carry. In some situations, the license is not required.
Conclusion
If you’ve been asking, “Is Florida an open carry state?” You probably have an answer now. Florida is among the states that have not lawfully authorized the open carry policy. The law is controversial and has its benefits and disadvantages when passed.
Gun owners in Florida must read and understand the regulations behind the gun laws and why open carry is still prohibited in the state.
Some situations, like hunting and fishing, allow for open carry in Florida. However, schools, bars, and congested places do not permit open carry.
If you plan to buy a gun in Florida, ensure you have all the required details to learn about the open carry policy and why it is not yet authorized.