Florida’s Open Carry Era Begins: The Impact on Retailers

Quick Hits

• On September 10, 2025, the First District Court of Appeal in McDaniels v. State of Florida ruled that Florida’s Open Carry Ban (790.053, Florida Statutes) was unconstitutional.
• Pursuant to the appellate court’s ruling and guidance from Florida’s attorney general, effective September 25, 2025, open carry is permitted (with important exceptions and restrictions) in Florida.
• Retailers in Florida may still prohibit open carry on their premises. Clearly communicating company open-carry policies to employees and the public while providing relevant training to frontline staff tasked with enforcing those policies can be helpful in mitigating risk.

While technically the appellate panel’s opinion appears only to cover the counties within the First District Court of Appeals, Florida Attorney General James Uthmeier issued guidance advising that open carry should be considered lawful throughout the state of Florida. Furthermore, the Florida Sheriffs Association, composed of sixty-seven county sheriffs in Florida, has advised deputies that they should no longer enforce the prior Open Carry Ban, except in situations where exclusions apply, or conduct is inconsistent with permitted open carry. For example, open carry is still prohibited in government buildings, on government property, and in schools. Additionally, it is still illegal to brandish a weapon in a threatening or angry manner.

Interestingly, some law enforcement officials, even those who strongly support Second Amendment rights, such as Polk County Sheriff Grady Judd, have not been enthusiastic about open carry. Sheriff Judd, for example, has noted that concealed carry provides a safer, tactical advantage than open carry and avoids unnecessary legal risk. He has encouraged the public to refer to concealed carry and open carry laws for guidance on the timing, location, and manner of carrying firearms in Florida.

What Does This Mean for Retailers?

According to the National Retail Federation, Florida has approximately 4 million jobs supported, including 2.3 million direct retail jobs, across 387,600 retail establishments. This business activity contributes about $357.4 billion to the state’s economy, making retail a vital industry in Florida—and the biggest industry group potentially affected by the change to the constitutionality of the previous Open Carry Ban. What are the impacts, and what should retailers consider?

First, the McDaniels opinion, regardless of how it is ultimately resolved over time, does not prohibit private employers from prohibiting employees from open carry at work. It also makes no changes to laws protecting employees or invitees from maintaining firearms, properly secured, in their motor vehicles under 790.251, Florida Statutes. Notwithstanding that, Florida law provides that in the workplace, retailers may still control the presence of weapons, whether carried openly or concealed.

Second, retail establishments may prohibit customers, vendors, and the public in general from bringing weapons onto their properties. Violations of these policies may be considered armed trespass—a third-degree felony.

Many retailers already prohibit firearms and other weapons from being brought into their establishments. However, the McDaniels decision, with the media coverage it has garnered, and the Second Amendment as a contentious political issue, may pose new challenges to enforcing such policies. Moreover, retail employers trying to implement or enforce such policies might face hesitancy from front-line employees who must take action, as well as receive public pressure exerted through social media.

Retailers might want to consider undertaking the following when implementing or reaffirming existing policies:

• clearly notifying employees of the policies relating to both employees and nonemployees;
• providing notification to the public, in conspicuous places, of any prohibition on carrying firearms;
• outlining expectations and providing training to employees who might be on the frontlines of enforcing the policies, as well as to other employees and the public;
• ensuring those expectations take into consideration the safety of both employees and the public;
• involving law enforcement sooner rather than later to avoid the escalation of dangerous situations with recalcitrant individuals;
• preparing internal and external messaging and readying media response plans for issues surrounding open carry and possession of firearms in retail spaces.

Next Steps

Is the juice worth the squeeze? Due to issues such as loss prevention and general liability risk, the balancing act traditionally has tilted toward prohibiting firearms in most retail establishments. Indeed, insurance underwriters might view prohibitive policies as part of protective coverage and premium considerations for the retail industry, which could affect the cost of doing business. Retailers might also want to evaluate the impact that allowing open carry might have on workers’ compensation loss claims and consider general safety concerns under the Occupational Safety and Health Act and Occupational Safety and Health Administration (OSHA) regulations.

Whichever position a retail establishment takes, one thing is certain: Effective September 25, 2025, Florida has entered the open carry era, and being prepared is never a bad idea when faced with such a change.

Ogletree Deakins’ Florida offices will continue to monitor developments and will provide updates on the Florida, Hospitality, Retail, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

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