Florida Statute 790.53 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.053

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.

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Amendments to 790.053

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.053

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.053 - CARRYING PROHIBITED WEAPON - CARRYING WEAPON OPENLY - M: S

Cases Citing Statute 790.053

Total Results: 23

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

Statutes (1989), or carry a weapon openly. Compare § 790.053, Fla. Stat. (1989) with § 790.25(2)(b)1., Fla

Regalado v. State

25 So. 3d 600, 2009 Fla. App. LEXIS 19620, 2009 WL 4827513

District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 71732

Cited 10 times | Published

before Officer Castro could effectuate a stop. Section 790.053(1), Florida Statutes (2008), prohibits “any

James v. State

16 So. 3d 322, 2009 Fla. App. LEXIS 13775, 2009 WL 2949271

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1641236

Cited 8 times | Published

from the ordinary sight of another person"); § 790.053, Fla. Stat. (2007) ("Except as otherwise provided

Florida Retail Federation, Inc. v. Attorney General

576 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003

District Court, N.D. Florida | Filed: Jul 28, 2008 | Docket: 2253198

Cited 6 times | Published

places, a person may not openly carry a gun, see § 790.053, except for specific purposes such as hunting

Hayes v. State

748 So. 2d 1042, 1999 WL 743519

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1750384

Cited 6 times | Published

on section 790.053, Florida Statutes (1993), which provides for a lesser penalty. Section 790.053, Florida

TS v. Clemons

770 So. 2d 197, 2000 WL 1434688

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1778892

Cited 4 times | Published

a prohibited weapon openly in violation of section 790.053. He was placed in secure detention as authorized

MacKey v. State

83 So. 3d 942, 2012 WL 832836, 2012 Fla. App. LEXIS 4063

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2416394

Cited 3 times | Published

firearm was "concealed." [3] But see, e.g., § 790.053 Fla. Stat. (2010) (prohibiting the open carrying

Santiago v. State

77 So. 3d 874, 2012 Fla. App. LEXIS 504, 2012 WL 126488

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60304831

Cited 2 times | Published

at his or her home or place of business[.] Section 790.053 prohibits the open carrying of firearms, and

State v. Brown

36 So. 3d 770, 2010 WL 1875571

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1119367

Cited 2 times | Published

(2007); § 790.25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.082(4)(a)

Dale Lee Norman v. State of Florida

215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612631

Cited 1 times | Published

case, we determine the constitutionality of section 790.053, Florida Statutes (2012) (“Florida’s Open Carry

Bethel v. State

93 So. 3d 410, 2012 WL 2579544, 2012 Fla. App. LEXIS 10802

District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60310578

Cited 1 times | Published

electric weapon or device” except as provided by law. § 790.53(1) & (3), Fla. Stat. (2008). The totality of the

State v. Brown

36 So. 3d 770, 2010 Fla. App. LEXIS 6547

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 60294475

Cited 1 times | Published

(2007); § 790.25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.082(4)(a)

Nehemiah Devince Brock v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891670

Published

openly carrying a weapon in violation of section 790.053, Florida Statutes, the trial court withheld

The State of Florida v. Andre Adams

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630875

Published

open carrying of a weapon in violation of section 790.053, Florida Statutes (2022),1 and one count of

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

“threatening manner, not in necessary self-defense.” § 790.053(1), Fla. Stat.; see also § 790.10, Fla. Stat.

RICHARD BURNS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419170

Published

carrying of weapons or firearms imposed by section 790.053, Florida Statutes (2020), or the requirements

TREVOR DOOLEY v. STATE OF FLORIDA

268 So. 3d 880

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865430

Published

count of openly displaying a firearm under section 790.053. Mr. Dooley asserted a claim of immunity pursuant

United States v. Presley

645 F. App'x 934

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2016 | Docket: 65962208

Published

prohibits the open carry of a firearm. Fla. Stat. § 790.053(1). A person can legally carry a firearm while

Dale Norman v. State

159 So. 3d 205, 2015 Fla. App. LEXIS 2178, 2015 WL 669582

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634853

Published

Carrying of a Weapon (a firearm) in violation of section 790.053, Florida Statutes (2012). The trial court initially

Pamphile v. State

110 So. 3d 517, 2013 WL 1316372, 2013 Fla. App. LEXIS 5342

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230331

Published

uses of a firearm which are exceptions to section 790.053, Florida Statutes’ prohibition on openly carrying

Ago

Florida Attorney General Reports | Filed: May 17, 1991 | Docket: 3257375

Published

a firearm in violation of s. 790.053, F.S. Section 790.053, F.S., specifically prohibits the open carrying

Ago

Florida Attorney General Reports | Filed: Aug 24, 1989 | Docket: 3257199

Published

firearms and weapons in the State of Florida.1 Section 790.053, F.S., states that except as otherwise provided

Sunday v. State

537 So. 2d 1096, 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64640176

Published

only to offenses involving the application of section 790.053 (prohibiting persons from openly carrying firearms