Levy County Sheriff's Office gives update on open carry of firearms in Florida
Levy County Sheriff's Office (LCSO)
FLORIDA LAW UPDATE:
On September 10, 2025, the Florida First District Court of Appeal held, in the McDaniels versus State case, that Florida's law forbidding open carry of firearms was unconstitutional. That law was codified in Section 790.053 of the Florida Statutes. The court found that the Second Amendment of the US Constitution does guarantee the right to openly carry firearms. While the court decision is not final, it appears at this time that it will not be appealed.
WHAT THIS MEANS FOR THE PUBLIC:
1. The only place open carry cannot be prohibited is where the government property is open to the public and unrestricted.
2. Private property owners may still prohibit the open carry of firearms on their property. These owners can issue trespass warnings to anyone who carries openly. For example, grocery stores, shopping centers, etc. may prohibit the open carry of a firearm.
3. This right to open carry is not absolute. Florida law explicitly prohibits the carrying and possession of firearms on school grounds, school-sponsored events, university or college campuses, correctional facilities, etc.
4. All other firearm restrictions remain in effect. These include improper exhibition, felons in possession, and individuals forbidden by court order.
5. LCSO encourages everyone to exercise their Constitutional Rights in a safe and courteous manner.
6. Because of this ruling, there will be an adjustment period for both law enforcement and the general public.
The Levy County Sheriff's Office will work with other agencies to keep everyone updated on any further legal changes.
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FLORIDA LAW UPDATE:
On September 10, 2025, the Florida First District Court of Appeal held, in the McDaniels versus State case, that Florida's law forbidding open carry of firearms was unconstitutional. That law was codified in Section 790.053 of the Florida Statutes. The court found that the Second Amendment of the US Constitution does guarantee the right to openly carry firearms. While the court decision is not final, it appears at this time that it will not be appealed.
WHAT THIS MEANS FOR THE PUBLIC:
1. The only place open carry cannot be prohibited is where the government property is open to the public and unrestricted.
2. Private property owners may still prohibit the open carry of firearms on their property. These owners can issue trespass warnings to anyone who carries openly. For example, grocery stores, shopping centers, etc. may prohibit the open carry of a firearm.
3. This right to open carry is not absolute. Florida law explicitly prohibits the carrying and possession of firearms on school grounds, school-sponsored events, university or college campuses, correctional facilities, etc.
4. All other firearm restrictions remain in effect. These include improper exhibition, felons in possession, and individuals forbidden by court order.
5. LCSO encourages everyone to exercise their Constitutional Rights in a safe and courteous manner.
6. Because of this ruling, there will be an adjustment period for both law enforcement and the general public.
The Levy County Sheriff's Office will work with other agencies to keep everyone updated on any further legal changes.