In a landmark shift for the Sunshine State, Florida has officially joined the ranks of "open carry" states as of late 2025. Following the 2023 "permitless concealed carry" legislation, this new legal landscape allows eligible adults to openly carry firearms in public, with specific exceptions.

This major policy change has sparked intense debate: Will it deter criminals, or will it lead to more violence? As criminal defense attorneys, we look beyond the politics to the data and the legal realities our clients face.

The Legal Landscape: What Changed?

Prior to September 2025, Florida was one of the few states that generally prohibited the open carrying of firearms, even for license holders. The new ruling, supported by guidance from the Attorney General, effectively nullifies that ban. [1]

However, "open carry" is not "carry anywhere." Strict prohibitions remain for:

• Government buildings and schools
• Polling places
• Airports and seaports
• Private businesses that post prohibitions

Crime Trends: The "More Guns, Less Crime" Debate

Proponents of open carry often cite the "deterrence theory"—that visible firearms discourage criminals. Opponents argue it leads to escalation. The data from other states offers a mixed but critical picture.

Evidence from Other States

A 2022 study by Johns Hopkins University found that states relaxing concealed carry restrictions saw a significant increase in firearm assaults. [2] Conversely, some pro-gun advocacy groups point to lower violent crime rates in certain open-carry states like Vermont and Maine, though these states have vastly different demographics than Florida.

The Florida Context

In Florida, the 2023 permitless carry law was followed by a complex shift in crime patterns. While it is too early for definitive 2025 open carry statistics, initial reports suggest an increase in accidental brandishing charges and firearm thefts from vehicles, as more guns are present in public spaces.

Impact on the Criminal Justice System

For our clients, the most immediate impact is not just crime rates, but police interactions.

1. "Brandishing" vs. Carrying: The line between legally carrying a firearm and "improper exhibition" (brandishing) can be thin. An angry gesture while carrying openly can now lead to a felony charge.
2. Officer Safety & Escalation: Police encounters may become more tense. Officers approaching a visibly armed individual may be quicker to draw their own weapons, increasing the risk of tragic misunderstandings.
3. Self-Defense Claims: "Stand Your Ground" cases will likely become more complex. Determining who was the initial aggressor in a conflict between two openly armed individuals is a legal challenge that will play out in courtrooms across the state.

At The Mirvis Law Firm, P.C., we are closely monitoring these developments. If you choose to carry, know the law, know your rights, and understand that the responsibility of carrying a weapon openly comes with heightened legal scrutiny.

References: [1] Florida’s Open Carry Era Begins: The Impact on Retailers, Ogletree Deakins (Sep 26, 2025). [2] Study Finds Significant Increase in Firearm Assaults, Johns Hopkins Bloomberg School of Public Health (Sep 20, 2022). [3] The Facts Are Clear: Permitless Carry will Make Florida Less Safe, Giffords Law Center (Feb 22, 2023).