Florida’s Open Carry Shift: Implications for Employers

Quick Hits

• Florida’s First District Court of Appeal has ruled the state’s open carry ban unconstitutional, leading the state attorney general to declare open carry as “the law of the state,” with the Florida Sheriffs Association advising deputies not to enforce the ban.
• Despite the court ruling, certain locations such as schools, government buildings, and places primarily serving alcohol remain gun-free zones under state and federal law, and improper exhibition of firearms continues to be illegal.
• Employers in Florida can prohibit firearms on their premises and should provide clear notices, but they cannot ban legally-owned firearms locked inside vehicles in parking lots or retaliate against employees for having them.

What’s changed

• Law‑abiding adults may openly carry firearms in public where carry is otherwise allowed.
• Some sheriffs and police departments have already suspended arrests under section 790.053. Others have questioned whether the court’s decision is applicable statewide and whether it is not effective until September 25, 2025.

What hasn’t changed

Certain locations remain gun‑free under state law, including but not limited to:

• Police/sheriff/highway patrol stations; detention facilities; courthouses/courtrooms
• Polling places; government‑body meetings; Florida Legislature meetings
• K‑12 schools and administration buildings; school/college/professional athletic events (not firearms‑related)
• Career centers; college/university facilities
• Any portion of establishments primarily devoted to on‑premises alcohol consumption  
• Airport passenger terminals and “sterile” areas of airports, as defined under federal civil aviation security regulations
• Places prohibited by federal law

Improper exhibition remains illegal (displaying a firearm in a rude, careless, angry, or threatening manner). In addition, felon‑in‑possession and other disqualifiers still apply.

Rights as a private employer/property owner

Employers may prohibit firearms (open or concealed) on private premises (other than parking areas as noted below). Employers may want to provide clear notices such as readily visible “no weapons” signs at entry points. Any person carrying a firearm who violates the private property owner’s warning to depart may be committing armed trespass, a third-degree felony.

Parking lots and employees

Florida’s “guns in parking lots” law (section 790.251 of the Florida Statutes) generally prohibits employers from banning any customer, employee, or invitee from possessing any legally-owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area. Additionally, employers may not make a verbal or written inquiry regarding the presence of a firearm locked inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, an employer may not take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. Limited statutory exceptions apply (e.g., certain restricted properties). The statute includes an anti-retaliation provision.

Employers can prohibit employees and customers from bringing guns into their places of business (other than parking areas).

Next Steps

The appellate court’s ruling is expected to stand, and the September 15, 2025, guidance from Florida’s attorney general deems open carry enforceable statewide now. Legislative clarification may follow.

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

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