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Florida’s Open Carry Law: What It Means for Restaurants and Food Service Establishments

20 October 2025

Florida’s Open Carry Law: What It Means for Restaurants and Food Service Establishments

 

Background: Florida Legalizes Open Carry

 

In September 2025, a Florida appellate court decision struck down the state’s longstanding ban on openly carrying firearms in public. The court found the ban unconstitutional, and state agencies have since stopped enforcing the prohibition.
As a result, adults who are legally allowed to own firearms in Florida may now carry them openly in public, with some exceptions. While this represents a major shift in public carry rights, it does not override property owners' rights to control firearms on their premises—including restaurants.
 

What Florida Restaurants Need to Know

 

Restaurants now face new legal and operational challenges. While customers may be lawfully carrying firearms in public, restaurants still have the right to restrict them under certain conditions. Here’s what every restaurant owner, manager, and employee should understand.
 

1. Restaurants Can Prohibit Open Carry Inside

 

A restaurant is private property. As such, owners can choose to ban firearms (both open and concealed) from the premises. This includes dining areas, kitchens, restrooms, and other interior spaces. Customers who fail to comply with a no-firearms policy may be asked to leave, and refusal can lead to a trespassing situation.
 
To enforce this effectively, restaurants must provide clear and visible signage at entrances stating that firearms are not permitted.
 

2. Bars and Alcohol-Serving Areas Remain Off-Limits

 

Even with the new open carry allowance, firearms are still prohibited in areas where the primary business is selling alcohol for consumption on the premises. This includes standalone bars and any bar section of a restaurant that serves primarily alcohol.
 
If your restaurant has a dedicated bar area, firearms—whether carried openly or concealed—are still prohibited there under existing Florida law.
 

3. Employee Conduct and Policy Enforcement

 

Restaurants may also enforce internal policies that prohibit employees from carrying firearms on the job, even if they are otherwise licensed or legally allowed to carry.
However, employers must still respect state law that allows employees to keep a legal firearm locked in their personal vehicle in the restaurant’s parking lot. A restaurant cannot discipline or search an employee solely for storing a firearm securely in their vehicle, provided they do not bring it onto the premises.
 

4. Handling Armed Guests: Safety and De-Escalation

 

If a visibly armed patron enters a restaurant that prohibits firearms, staff should be trained to handle the situation calmly:
  • Politely inform the individual of the restaurant’s no-firearm policy.
  • Request that they either secure the firearm elsewhere (such as in a vehicle) or leave the premises.
  • If the individual refuses, escalate to management or contact local law enforcement as needed.
It’s crucial to train staff not to confront or escalate such situations independently.
 

5. Signage and Policy Clarity

 

To avoid confusion and ensure enforceability:
  • Post signs at every entrance stating, “No Firearms Allowed on Premises.”
  • Include a firearms clause in employee handbooks.
  • If applicable, separate bar areas should have additional signage emphasizing the legal restriction on carrying firearms in alcohol-dominant spaces.
  •  

6. Insurance, Liability, and Reputation

 

Allowing open carry could impact customer comfort, employee morale, and insurance coverage. Before allowing or tolerating firearms on the premises, restaurant owners should:
  • Review liability policies with their insurer.
  • Assess customer preferences in the local area.
  • Weigh reputational risk based on branding and clientele.
Some restaurants may decide to prohibit all firearms to promote a family-friendly or low-conflict environment, while others may adopt a neutral policy depending on their customer base.
 

What Restaurant Owners Should Do Now

 

  • Review current policies regarding weapons and update them based on the open carry ruling.
  • Decide whether your restaurant will prohibit or permit firearms on site.
  • Post signage that reflects your firearms policy clearly and consistently.
  • Train front-of-house and management staff on how to respond to armed patrons.
  • Coordinate with law enforcement on protocol for refusal-to-comply situations.
  • Consult legal counsel to ensure compliance and liability protection.
 

Conclusion

 

Florida’s new open carry law introduces a significant change for restaurant owners. While individuals may now legally carry firearms in public, restaurants retain the right to maintain gun-free premises. The key is having clear policies, proper signage, trained staff, and a plan for handling exceptions.
 
For help drafting or reviewing firearm policies for your restaurant, or to discuss risk management and legal compliance, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637.