Open Carrying of Weapons
Open carrying of a firearm or electric weapon or device when not otherwise authorized by law.
Florida Statute
§ 790.053
Open carrying of weapons
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Open carry is generally prohibited, subject to statutory exceptions. A brief ordinary-sight display of an otherwise lawfully concealed firearm is separately addressed by the statute.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Open Carrying
F.S. § 790.053(3)
Open carrying of a firearm or electric weapon or device, outside a statutory authorization.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
The defendant openly carried a firearm or electric weapon or device on or about the defendant's person.
Plain language: The item was carried openly rather than concealed.
- Element 2AND — Required
Required Facts
The conduct was not otherwise provided by law or within a statutory exception.
Plain language: Confirm the applicable authorization or exception before charging.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Quick Reference
A covered firearm or electric weapon openly carried is generally a second-degree misdemeanor; review statutory authorizations and the brief-display provision.