What is open carry? Florida lawmaker wants to strike down gun laws

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If a state representative gets his way, it will soon be legal to carry guns openly in Florida just about anywhere.

State Rep. Joel Rudman, a family medicine practitioner and Navarre Republican running for former Rep. Matt Gaetz’s congressional seat, filed a bill Monday to make Florida an open carry state and remove some of the designated gun-free zones from state law.

The bill would also repeal the state’s “red flag” law passed after the 2018 mass shooting at Marjory Stoneman Douglas High School which established when and under what circumstances law enforcement could confiscate weapons from someone who was deemed a threat and prevent them from buying more.

“‘Shall not be infringed’ will mean something here in the Gunshine state!” Rudman posted on Facebook.

Here’s what that would mean.

What does “open carry” mean?

“Open carry” means you can publicly carry a legally owned firearm that is kept in plain sight or partially concealed, usually holstered.

Some states require a separate permit or license to open carry, some do not. Four states — California, Illinois, New York and Florida — and Washington, D.C. currently ban open carry, according to USConcealedCarry.com.

In Florida, openly carrying a firearm is a second-degree misdemeanor with a $500 fine or a maximum of 60 days in jail, with exemptions for law enforcement, military, and other officials; weapons manufacturers; people shooting lawful target practice; or anyone “engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition,” according to Florida Statute 790.25, which has led to some Second Amendment supporters organizing gatherings of armed fishermen in highly public places.

What would HB 31, the open carry bill do in Florida?

HB 31, Carrying and Possession of Weapons and Firearms, would allow anyone to “openly carry on or about his or her person any otherwise legal firearm or electric weapon or device.”

The bill also makes the following changes:

• Removes open carry bans in:
  • Courthouse parking lots
  • Polling places
  • School and college events
  • Professional athletic events
  • Career centers
  • College or university facilities
• Removes “red flag” laws that currently allow law enforcement to seize firearms from a person who poses a potential threat to themselves or others and has made a credible threat of violence but refuses to surrender their weapons.
• Amends the bump stock ban to allow firearms to be converted to increase the rate of fire faster than a person could shoot unassisted, but not as fast as automatic weapon fire.
• Removes the license fees for carrying a concealed weapon and any background investigation fees

Firearms would still be banned in courtrooms and meetings of the Florida Legislature, although the bill clearly specifies that judges and members of the Legislature would be permitted to carry their own concealed weapons or firearms in those respective places.

Last year, Florida passed a law allowing concealed carry without a permit. This bill would extend that to all legally owned firearms, concealed or not.

Showing off your firearm or weapon in a “rude, careless, angry, or threatening manner” without it being in necessary self-defense would still be against the law in Florida.

Is ‘open carry’ the same as ‘constitutional carry’? What is ‘Right-to-Carry’?

There’s some overlap in the terms. A quick primer:

“Open carry” means you can publicly carry a legally owned firearm in plain sight or partially concealed.

“Concealed carry” means you can publicly carry a legally owned firearm that is hidden from view.

“Constitutional carry” allows both, without permits, licensing or training.

Right-to-Carry (RTC) laws refer to the entire class of legislation allowing legal firearm owners to carry concealed weapons, either without a permit or with one in states with requirements for them. RTC laws started in Florida in 1987, according to the NRA.

Would I need a license to carry a legal weapon in Florida?

Under this bill, no, although you would still have to keep valid identification on you at any time you’re carrying a forearm, which a law enforcement officer may ask to see at any time. Violation of this means a $25 fine.

If HB 31 passes, can I carry any weapon I want?

Any weapon you are allowed to own in Florida, yes. Machine guns or fully automatic weapons are still prohibited, as are short-barreled rifles and “destructive devices” such as bombs, grenades, or similar devices “containing an explosive, incendiary, or poison gas.”

Do I need a license to buy a gun in Florida?

Florida does not require a permit or license to buy a gun and does not require registration.

There is no limit on the number of firearms you can own or buy in a single transaction. Background checks are required and there is a three-day waiting period, although individual counties and cities may extend them up to five days.

When would HB 31, the open carry law, take effect?

If passed by the Florida Legislature in the 2025 session, the law would take effect as soon as Gov. Ron DeSantis signed it.

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