Florida’s firearms laws changed dramatically in September 2025, when a state appeals court struck down the long-standing ban on openly carrying firearms in public. This ruling reshapes Florida open carry law personal injury liability, creating new considerations for victims, businesses, and property owners.
At Uriarte Law, we focus on protecting victims and clarifying legal rights. Here’s what you need to know about how open carry could impact personal injury claims in Florida.
Florida Open Carry Law Update: What Changed and Why It Matters for Liability
For decades, Florida prohibited the open carry of firearms. That prohibition was recently overturned in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), where the First District Court of Appeal ruled the state’s open-carry ban unconstitutional.
While the ruling makes open carry legal, enforcement is still evolving. Some counties’ sheriffs have expressed concern. Although they cannot require strict concealment, they are closely monitoring individuals who display a firearm in a rude, careless, angry, or threatening manner, which can still trigger criminal charges or civil liability.
Other restrictions remain in place, including:
- Certain individuals (such as convicted felons or those with restraining orders) cannot legally carry.
- Firearms are still prohibited in specific places like schools, courthouses, and secure government buildings.
- Private property owners and employers retain the right to restrict guns on their premises.
How Florida’s Open Carry Law Impacts Personal Injury Liability
Personal injury law isn’t about punishing someone for breaking the law; it’s about holding people financially responsible when their negligence harms others. With more firearms now visible in public, new questions arise:
1. Premises Liability Risks Under Florida’s Open Carry Law
If someone lends or gives a firearm to a person they know is unfit, for example, a minor, someone intoxicated, or a person with a history of violence, and an injury results, that individual may face liability. Florida courts have recognized negligent entrustment in firearm cases for decades.
2. Premises Liability
Property and business owners must keep their premises reasonably safe. If an owner allows armed individuals without proper safeguards and an injury occurs, victims may have grounds for a premises liability claim. This is particularly relevant for events, bars, and large gatherings.
3. Employer Responsibility
Employers may face exposure if they fail to implement clear workplace gun policies. Posting “No Firearms” signs, training staff, and creating incident-response plans are proactive ways to limit risk.
4. Insurance Coverage Questions
Homeowners, renters, and commercial insurance policies often contain exclusions for intentional acts involving firearms. Victims injured by gunfire may need to explore every available policy and legal theory to ensure they are compensated.
What Victims Should Do After a Firearm Injury in Florida
If you or a loved one is injured because of someone else’s firearm, protecting your health and your legal rights is critical:
- Call 911 and seek immediate medical care.
- Document everything, photos, videos, injuries, witness statements.
- Get a copy of the police report.
- Do not give a statement to insurance without legal advice.
- Contact an experienced personal injury attorney as soon as possible.
How Businesses Can Reduce Liability Under Florida’s Open Carry Law
Even though open carry is now legal, businesses still have rights, and responsibilities. To reduce liability risks:
- Update employee handbooks and policies.
- Post clear “No Firearms” signs if you choose to prohibit carry.
- Train staff on how to respond to armed patrons.
- Review insurance policies with your broker or attorney.
Florida’s new open-carry law doesn’t just affect criminal law, it reshapes the civil landscape too. Injuries caused by firearms are complex cases that demand experienced legal guidance.
At Uriarte Law, we stand with victims and communities. If you or someone you know has been injured due to negligent firearm use or lack of safety measures, our team is here to help. Understanding Florida open carry law personal injury liability is crucial to protecting your rights and building a strong claim.
Understanding Personal Injury Liability Under Florida’s Open Carry Law.
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