Florida’s Open Carry Laws: What Does it Mean For Your Business?

Florida has now become a full open carry state, meaning that people can carry handguns in open view. Whether you’re a proponent of this or against it, the fact remains if you have a business, you may have questions about how to handle this new change in the law in Florida.

The Concerns

Business owners have one of two concerns. Either they will allow people to open carry in their businesses, but they’re concerned that doing so may not be allowed since certain businesses and properties still cannot allow it despite the law change, or else, they may want to prohibit open carry and may be wondering if they can legally do that.

Federal Law is Not Open Carry

The first thing to remember is that open carry is the law of the state, but is not necessarily the law of the federal government. That means that where federal law restricts open carry (or carrying guns at all), those restrictions will still apply.

Where Open Carry Still is Not Allowed

Any government property that is open to the public is restricted from open carry (or any possession of any firearm). So, despite open carry, people cannot take guns into courthouses, schools (which includes universities), airports, museums, or government meetings, to name a few.

Law enforcement agency buildings and prisons can also restrict open carry. That includes parking lots for these facilities. There are certain exceptions, like for law enforcement or judges, who are permitted to carry a weapon.

Although religious organizations can allow open carry, they do not have to. That includes any places or worship or religious institutions.

Mental health hospitals or hospitals that provide such services cannot allow forearms on their property.

Restaurants can, if they want to, allow open carry. However, they cannot allow guns of any kind in parts of the restaurant that have a bar, and that means that standalone bars can never allow open carry guns on their property. The part of the law that restricts bringing a concealed (or visible) weapon in areas that serve alcohol, is still in effect.

A Business’ Option

As a general rule, most businesses will still, if they want to, have the option of prohibiting customers from open carry on their property. Just because someone has a license, or is allowed to open carry, doesn’t mean that a private business can’t prohibit allowing it onto their property. In fact, many well known, big name retailers are prohibiting open carry within their stores.

Enforcing a Ban

While private businesses don’t have a direct enforcement mechanism, like any rule established by a private business, they can ask that people who are not abiding by the restriction, leave their property. If they do not leave, they are considered trespassing, and in fact, are doing so with a deadly weapon, an elevated change. You may want to reach out to local law enforcement in advance, to see how they will respond to these kinds of trespassing calls.

Assuming you aren’t restricted by any laws, you are therefore free to set your own policy. To avoid problems or getting law enforcement involved, it may be a good policy to post your business’ intentions in advance, somewhere conspicuous.

Let us help you navigate government laws and regulations. Call our West Palm Beach commercial litigation lawyers at Pike & Lustig to help you.

Sources:

news-journalonline.com/story/news/2025/09/18/florida-open-carry-law-still-restricted-in-some-places-heres-a-list/86214329007/

cbsnews.com/miami/news/florida-open-carry-law-what-to-know-gun-rights-control/