Florida Statutes

Fla. Stat. § 790.053 (2025)

Open carrying of weapons.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

790.053 Open carrying of weapons.—

(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145; s. 9, ch. 2023-18.

Arrestable Offenses under F.S. 790.053

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.053(1)CARRYING PROHIBITED WEAPONOPEN CARRY FIREARM OR ELECTRIC WEAPON/DEVICEM · 2nd

§790.053CARRYING PROHIBITED WEAPONRENUMBERED. SEE REC # 9855M · 2nd

Notes of Decisions

Cited in 31 cases (9 in the last 5 years), 1989–2026 · leading case: Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017).

Sort: Relevance Newest Treatment

Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). · cites it 75× “§ 790.053, Fla. Stat. (2012). In chapter 790, the Legislature enunciated a “Declaration of Policy” with regard to the “Lawful ownership, possession, and use of firearms and other weapons”: The Legislature finds as a matter of public policy and fact that it is necessary to…”

Dale Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015). · cites it 15× “§ 790.053, Fla. Stat. (2012). Additionally, section 790.”

Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013). · cites it 2× “§§ 5-73-120 , 5-73-315; Fla. Stat. § 790.053 (1); 720 Ill. Comp. Stat.”

Regalado v. State, 25 So. 3d 600 (Fla. 4th DCA 2009). · cites it 10× “shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor *610 of the first degree.”

Godwin v. State, 593 So. 2d 211 (Fla. 1992). · cites it 2× “Compare § 790.053, Fla. Stat. (1989) with § 790.25(2)(b)1.”

Lauranius Pierre v. City of Miramar, Florida, Inc., 537 F. App'x 821 (11th Cir. 2013). · cites it 3× “10 , and Open Carrying of Weapon, Fla. Stat. § 790.053 . The state later dismissed these charges, and Pierre filed this action.”

James v. State, 16 So. 3d 322 (Fla. 4th DCA 2009). · cites it 2× “(2007) (defining "concealed weapon” as any of a list of weapons which is "carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person”); § 790.053, Fla. Stat. (2007) ("Except as otherwise provided by law and in subsection (2),…”

Trevor Dooley v. State of Florida, 268 So. 3d 880 (Fla. 2d DCA 2019). · cites it 2× “10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053. Mr. Dooley asserted a claim of immunity pursuant to section 776.”

MacKey v. State, 83 So. 3d 942 (Fla. 3d DCA 2012). · cites it 2× “, § 790.053 Fla. Stat. (2010) (prohibiting the open carrying of a firearm); § 790.”

State v. Brown, 36 So. 3d 770 (Fla. 3d DCA 2010). · cites it 2× “25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.”

Florida Retail Fed'n, Inc. v. Attorney Gen., 576 F. Supp. 2d 1281 (N.D. Fla. 2008). “In other public places, a person may not openly carry a gun, see § 790.053, except for specific purposes such as hunting or to take the gun to a repair shop.”

Santiago v. State, 77 So. 3d 874 (Fla. 4th DCA 2012). “] Section 790.053 prohibits the open carrying of firearms, and section 790.”

Show all 31 citing cases →

— 790.053(1) — 6 cases

Regalado v. State, 25 So. 3d 600 (Fla. 4th DCA 2009). “shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor *610 of the first degree.”

Trevor Dooley v. State of Florida, 268 So. 3d 880 (Fla. 2d DCA 2019). “10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053. Mr. Dooley asserted a claim of immunity pursuant to section 776.”

Bethel v. State, 93 So. 3d 410 (Fla. 4th DCA 2012).

The State of Florida v. Andre Adams (Fla. 3d DCA 2025).

Richard Burns v. State of Florida (Fla. 4th DCA 2023).

— 790.053(3) — 2 cases

State v. Brown, 36 So. 3d 770 (Fla. 3d DCA 2010). “25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.”

State v. Brown, 36 So. 3d 770 (Fla. 3d DCA 2010).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.