HOLT, Fla., Sept. 27, 2025—The First District Court of Appeals in Tallahassee struck down Florida’s general ban on the open carrying of firearms Sept. 10.

This action declared Section 790.053 of the Florida Statutes unconstitutional.

However, the decision is not final for 30 days to allow any appeals to be filed. If no appeals are filed during this timeframe, the law will become final next month.

According to an Okaloosa County Sheriff’s Office news release Sept. 12, deputies have been informed of the court decision and given guidance on how to handle open-carry situations according to policy and Florida law.

They will also undergo additional training to ensure proper application of the law and help them to educate the public and what people can and can’t do in regards to the law.

“As your sheriff, I fully support the Constitution and our Second Amendment rights,” said Sheriff Eric Aden. “Your OCSO deputies are highly trained and will continue to serve with excellence as we transition to an open-carry state.”

To that end, there are certain places open carry is not permitted.

• Board of County Commission meetings
• City council meetings
• Courthouses
• Election polling locations
• Police stations and Sheriff’s Offices
• Bars – including the bar areas of restaurants
• Schools, school-sponsored events, school property, buses or bus stops, college/university campuses
• Airport terminals
• Churches or synagogues
• Movie theaters – including Regal and AMC
• Any Florida theme parks
• County jail

This is not an all-inclusive list.

Additionally, it is up to the discretion of the owners of a property or business whether they will allow open carry. This may include grocery stores, retail stores and restaurants (but never in the bar area of a restaurant, regardless of a permissible open-carry policy).

Publix, Aldi’s, Walmart, Sam’s Club, Target, Trader Joe’s and other businesses do not allow open carry in their stores.

It should be noted that if a person openly carrying a weapon refuses to leave after being asked to do so by the business owner, that person commits an armed trespass crime which is a third-degree felony punishable by up to five years in prison and a fine up to $5,000 in the state of Florida.

If a call comes in to the sheriff’s office by citizens who are unaware of the change in Florida laws, OCSSO deputies will respond as if to an armed-person call, said Aden.

“We ask for your cooperation and understanding as deputies work to verify law circumstances,” he said. “Our priority is both safety and constitutional rights.”

Staff and OCSO news release