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Florida’s New Open Carry Regime and Its Impact on Businesses
20 October 2025
By Attorney Yoel Molina, Law Office of Yoel Molina, P.A.
Florida’s New Open Carry Regime and Its Impact on Businesses
Overview:
What Changed
In September 2025, a Florida appellate court invalidated the state’s decades-old ban on openly carrying firearms. That decision effectively legalized open carry for adults lawfully permitted to possess firearms. Law enforcement was instructed to stop enforcing the prior ban, making open carry legal in many public settings.
However, the ruling did not legalize carrying firearms everywhere. Carrying firearms in schools, courthouses, polling places, government buildings, and establishments serving alcohol remains prohibited. Threatening or aggressive display of a firearm remains illegal under brandishing laws.
Key Legal Principles for Businesses
While open carry is now legal in many areas, businesses retain rights to control firearms on their premises. The main legal considerations include:
1. Private Property Rights
Businesses may still prohibit firearms—open or concealed—on their premises. A business may enforce a no-weapons policy and ask violators to leave. If someone refuses, the business may seek law enforcement assistance for trespassing.
2. Parking Lot Protections
Florida law allows employees to store legal firearms in their locked vehicles in employer parking lots. Employers may not search vehicles, prohibit legal firearm storage, or retaliate against employees for exercising that right, as long as the firearms remain secure and are not brought inside.
3. Employee and Visitor Policy Distinctions
Businesses may impose different rules for employees and guests. For example:
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Employees may face discipline for violating internal weapons policies.
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Customers and visitors must be notified through signage and can be asked to leave if armed in violation of the policy.
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Employers must continue to follow state protections for firearm storage in personal vehicles.
4. Signage and Enforcement
Clear signage at entrances can help enforce a no-firearm policy. Signs should be highly visible and unambiguous. Enforcement should be consistent, calm, and supported by proper staff training.
If a guest refuses to comply, they may be asked to leave. Persistent refusal may justify a trespass call to law enforcement.
5. Liability and Insurance Considerations
Visible firearms may cause concerns for employee and customer safety. Businesses should consult with insurance providers to assess any coverage implications or policy changes based on their stance on firearms.
Reputation is also a factor. Some customers may avoid businesses that allow open carry, while others may support them. The decision should align with the business’s brand, clientele, and risk tolerance.
What Businesses Should Do Now
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Review Internal Policies Clarify whether open or concealed carry is permitted and outline consequences for violations.
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Post Appropriate Signage Use clear language at all entrances to state your firearms policy.
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Train Staff Provide staff with guidance on how to address situations involving armed individuals.
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Update Lease Agreements (for landlords) If you operate multi-tenant commercial property, update lease terms or building policies accordingly.
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Consult Legal Counsel Ensure your policies are compliant with the latest developments and state law protections.
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Coordinate with Law Enforcement Discuss with local police how to handle situations involving refusal to comply with no-weapons policies.
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Monitor Ongoing Legal Developments This area of law is rapidly evolving. Court decisions or future legislation may further change rights and responsibilities.
Conclusion
Florida’s shift to open carry significantly changes how businesses must approach firearms on their premises. While individuals may lawfully carry in public, private businesses still maintain the right to restrict firearms on their property. Consistent enforcement, updated policies, and clear communication will be essential in managing legal and safety risks.
For legal help drafting firearm policies or addressing compliance issues, contact Attorney Yoel Molina at
admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637.