§ 790.053, Fla. Stat. · Chapter 790. WEAPONS AND FIREARMS
Open carrying of weapons.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
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.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
- Text hash
- sha256 06c64545170274982485a63cd6233485ade443c890b066492ceea92c17d3bd2b
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 790.01, Fla. Stat.Carrying of concealed weapons or concealed firearms.Printed as s. 790.01(1)
Cited by 5 provisions
Provisions in this library whose text cites § 790.053, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 790.25, Fla. Stat.Lawful ownership, possession, and use of firearms and other weapons.Printed as ss. 790.01, 790.053, and 790.06
- § 943.051, Fla. Stat.Criminal justice information; collection and storage; fingerprinting.Printed as s. 790.053
- § 943.0585, Fla. Stat.Court-ordered expunction of criminal history records.Printed as s. 790.053
- § 943.059, Fla. Stat.Court-ordered sealing of criminal history records.Printed as s. 790.053
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.