Florida Firearm Carry Laws in 2026: What Law Students and Potential Clients Must Know

By CD Law Pro, P.A.

Firearm laws in Florida have seen some of the most significant judicial and statutory changes in recent memory. These developments — particularly the transformation of open-carry legal standards and evolving age-related carry restrictions — have generated widespread legal and public debate. At CD Law Pro, P.A., we believe that understanding these changes is essential for law students, defense practitioners, and individuals navigating the criminal justice system.

In this post, we break down the latest changes to firearm carry laws in Florida, why they matter, and how they can affect criminal charges and defense strategies.

📌 1. Open Carry of Firearms is Now Legal in Florida

One of the most impactful developments in Florida firearms law came in September 2025 when the First District Court of Appeal struck down the state’s longstanding ban on open carry under Florida Statute § 790.053. The court found the statute unconstitutional, holding that citizens have a right to openly carry firearms consistent with the Second Amendment.

What This Means in Practice

• Individuals may now openly carry firearms in public without a permit, absent specific statutory prohibitions.

• The ruling was not legislated by the Legislature; instead, it was a judicial determination. As a result, the law lacks clear boundaries on where open carry is allowed and where it is restricted — leaving ambiguities that can impact both law enforcement and civilians.

• Traditional criminal prohibitions — such as guns being prohibited in schools, polling places, and federal facilities — still applyunder state and federal law.

• Private property owners are permitted to prohibit firearms on their premises, often enforced as a trespass.

This ruling has drawn both praise and criticism, with law enforcement agencies and policy experts highlighting uncertainties that could lead to confusion at the street level.

📌 2. Concealed Carry Age Restrictions Under Scrutiny

While Florida has allowed permitless or “constitutional” carry since 2023, a significant judicial challenge has arisen regarding how the state treats young adults aged 18–20.

In October 2025, a Florida circuit court ruled that the statutory age restriction prohibiting concealed carry for individuals ages 18–20 violated the Second Amendment, dismissing a felony charge against a 19-year-old defendant who carried a concealed firearm.

Key Takeaways

• The decision in State of Florida v. Walkes held the age-based prohibition unconstitutional as applied to the defendant — signaling that lower courts are willing to scrutinize age-based limitations under Second Amendment standards.

• This ruling is a trial court decision and does not by itself strike down the age rule statewide. However, it reflects a trend in Florida courts toward broader constitutional interpretations of firearm rights.

• The interplay of this case with the open-carry ruling means young adults now face a rapidly changing legal environment with respect to both open and concealed carry rights.

Because these legal theories continue to evolve, attorneys must monitor future appellate rulingsand legislative responses that could uphold, overturn, or limit these constitutional interpretations.

📌 3. Legislative Responses and Proposed Bills

In addition to court decisions, the Florida Legislature has seen new bills introduced in the 2026 session that would affect firearm carry laws:

Bills Targeting Carry Locations and Restrictions

• Senate Bill 406 (2026) and House Bill 321 (2026) were both filed with the intent to define criminal penalties for carrying weapons and firearms into specific prohibited locations. These bills remain in early stages and illustrate lawmaker interest in crafting clearer statutory guidelines after the court-led changes to open carry.

Uncertainty Around Age and Purchase Restrictions

• Separate bills have sought to lower the age for rifle and long-gun purchases from 21 to 18 — mirroring broader statewide and national debates — though their ultimate passage remains unresolved.

The coming legislative sessions will be critical in determining how Florida codifies these substantive shifts in firearm law and criminal liability.

🔍 Why These Changes Matter

For law students — these developments are a living laboratory of constitutional and statutory interpretation, especially in areas of:

• Second Amendment jurisprudence

• Judicial review of age-based restrictions

• The interface of legislative policy and individual rights

For criminal defense practitioners and potential clients, the implications are real and immediate:

Defense Implications

• Open Carry Cases: Police confusion over open-carry legality could lead to unlawful arrests or charges — opening the door for constitutional defenses or motion practice challenging prosecutions.

• Age-Based Charges: Charges against 18–20-year-olds must be evaluated carefully for constitutional defenses tied to Bruen-style analysis.

• Location-Based Restrictions: Proposed and existing statutes define firearms-free zones with specific criminal penalties. Defenses often hinge upon whether a person knew or should have known that a location was prohibited.

Practical Client Counseling

Criminal defense attorneys must stay current with these developments to properly advise clients — including:

• Risks associated with carrying firearms under evolving case law

• How to handle encounters with law enforcement

• Potential defenses to weapons charges

  
  

🧠 Conclusion — Staying Ahead in a Changing Legal Landscape

Florida’s firearms carry laws have undergone transformative changes over the past year — through both court rulings and legislative initiatives. The legal landscape is unsettled in major areas, including open carry and age-based concealed carry rules.

At CD Law Pro, P.A., we recognize that effective criminal defense requires deep understanding of current law, strategic advocacy, and clear communication to clients. Whether you are a law student looking to grasp how Florida courts interpret constitutional rights, or a defendant facing firearms charges, staying informed is essential.