What Happened?

As a reminder for all employers in Florida, recent legal developments have changed the state’s firearm regulations that may affect your workplace policies. On September 10, 2025, the First District Court of Appeal ruled Florida’s open carry ban unconstitutional in the court decision of the McDaniels v. State case. The Florida Attorney General confirmed the ruling applies statewide, making open carry legal on public property as of September 25, 2025.

Overview

Why this matters:

• Private employers can still prohibit firearms inside the workplace.
• Florida law requires allowing employees to store firearms in locked vehicles on company property.

• Employers cannot search vehicles and employees may only remove firearms for self-defense.

Action Steps for Compliance

• Review and update weapons policies to align with Florida law (§790.251).
• Communicate policies clearly to employees and visitors.
• Train supervisors and managers on open carry rules and enforcement procedures.
• Establish law enforcement contacts for quick response to firearm-related incidents.

Additional Information

Key Risks for Employers

• Increased confusion among employees about what is allowed.
• Potential workplace safety concerns and liability issues.
• Enforcement challenges, especially for customer-facing businesses.

For additional details:

• Florida Statute – 790.053 Open carrying of weapons
• McDaniels v. State of Florida – Case No. 1D2023-0533

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