Earlier last month, a three-judge panel of Florida’s 1st District Court of Appeal struck down the state’s long-standing ban on openly carrying a holstered handgun, ruling that the restriction conflicted with Second Amendment protections, according to the Associated Press. In response, Attorney General James Uthmeier instructed law enforcement and prosecutors to stop enforcing the ban, calling open carry “the law of the state.”
However, Uthmeier stressed in his memo that the decision does not permit threatening behavior with firearms and that those with felony convictions, domestic violence restraining orders, or other disqualifications remain barred from carrying.
Florida now joins states such as Texas, Georgia, and Arizona in loosening rules on openly carrying guns. The RAND Corporation review finds that relaxing carry laws is often linked with increases in firearm homicides and violent crime, not decreases. Additionally, police in open carry states frequently report challenges in assessing threats, since a visible gun does not always signal criminal intent or responsible behavior.
Due to decades of unequal law enforcement and mistreatment, these implications may weigh even more heavily in Black communities, as Black gun owners are far more likely to be seen as suspicious.
Florida’s “Stand Your Ground” law adds another layer. While it removes the duty to retreat before using deadly force, it has not been applied equally. An Urban Institute study found that cases with white shooters and Black victims were 281% more likely to be ruled “justified” compared to cases where both were white.
It poses a challenging question: Does open carry provide protection, or does it raise the risk of being misjudged as a threat?
Public reaction to Florida’s ruling has been divided.
“Florida’s new open carry law is worrying because, while I do believe people have the right to protect themselves and their families, the truth is a lot of gun owners don’t have the discipline or respect to carry a firearm the right way,” said one online commenter. “That kind of attitude only makes it more likely for fights to get out of control, accidents to happen, or guns to be misused.”
Another user, identifying as a veteran, defended the ruling, saying this is exactly the kind of freedom “I fought for my country for.”
As communities weigh in on the new open carry state law, some sheriffs have already stopped enforcing the now-overturned ban, while others say more clarity is needed.
Meanwhile, separate legislation could again shift the landscape of gun access in Florida. A new bill, HB 133, filed on October 8, 2025, seeks to lower the minimum age to purchase firearms (including long guns) from 21 back to 18. According to The Floridian, if passed and signed, its provisions would take effect July 1, 2026.
Supporters of HB 133 argue that 18‑year-olds—who can vote, join the military, and legally receive firearms as gifts—should have the right to purchase long guns. Critics counter that lowering the age would undercut the reforms enacted after the Parkland shooting and could lead to increased gun violence. Federal law, in any case, would still bar people under 21 from purchasing handguns from licensed dealers—so even if HB 133 passes, it would not override that federal restriction.
Law enforcement continues to remind Floridians that guns remain prohibited in certain places, including schools, bars, courtrooms, airports, and polling sites.
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