Jacksonville Open Carry:

Know Before You Show

A 2026 Legal Guide to the McDaniels v. State Ruling & JSO Policies

The legal landscape for firearms in Florida has shifted dramatically since 2023. As of January 2026, "Constitutional Carry" has been joined by a landmark appellate ruling that effectively ended the state’s 38-year ban on open carry.

However, the transition has been marked by "legal gray areas" and differing enforcement policies between counties.

Is Open Carry Legal in Florida in 2026?

For decades, the answer was a firm "No." But as of September 25, 2025, the answer became a qualified "Yes."

Following the appellate court ruling in McDaniels v. State, the Florida First District Court of Appeal declared the state’s open carry ban unconstitutional.

Florida Attorney General James Uthmeier subsequently issued guidance that open carry is now the law of the state.

What You Need to Know Before You Carry

While open carry is generally permitted for law-abiding adults, it is not "absolute."

There are three major traps that can still lead to a felony arrest:

1. The "Regional Confusion" Trap

While the Attorney General has directed all law enforcement to stop enforcing the ban, some local sheriffs (particularly in South Florida) have argued that until the Florida Supreme Court issues a final statewide ruling, the old ban may still technically apply in their jurisdictions.

• Advice: If you are openly carrying in Jacksonville (Duval County), you are generally within the "Safe Zone" of the First District ruling. However, proceed with extreme caution if traveling south to Miami or Orlando.

2. Private Property & "Armed Trespass"

The new ruling does not give you the right to openly carry on private property against the owner's wishes.

• If a business (like a grocery store or restaurant) has a "No Firearms" sign or asks you to leave because you are carrying, you must comply immediately.

• Failure to do so can result in a charge of Armed Trespass, which remains a third-degree felony in Florida.

3. Prohibited "Sensitive" Locations

Even with open carry legalized, the list of "gun-free zones" remains strictly enforced. It is still illegal to carry (openly or concealed) in:

• Schools and University campuses

• Courthouses and Police Stations

• Polling places on election days

• Government meetings (City Council, Legislature)

• The "Bar" area of a restaurant primarily devoted to alcohol

Crucial Distinctions in 2026

Although open carry is now legal, it is not "unrestricted." In Duval County, you must still adhere to these specific boundaries to avoid a felony charge:

• Constitutional Carry (effective July 1, 2023) - You can carry concealed without a permit if you are 21+.

• Open Carry  (effective Sep 25, 2025)- You can carry visibly in a holster in most public areas.

Open Carry vs. Concealed Carry in 2026

Florida remains a Permitless Carry state. You do not need a license to carry a concealed firearm, provided you are at least 21 years old (though the 2026 Legislature is currently debating lowering this age to 18).

A Warning on "Brandishing" (Fla. Stat. § 790.10)

The legalization of open carry did not legalize "menacing displays."

If you exhibit your firearm in a "rude, careless, angry, or threatening manner," you can be charged with improper exhibition of a dangerous weapon.

The line between "openly carrying" and "threateningly displaying" is often subjective and up to the responding officer’s discretion.

Stopped While Carrying? Don’t Become a Test Case.

Because this law is still in its infancy in 2026, law enforcement interactions can be unpredictable.

If you are stopped by police while openly carrying:

1. Stay Calm: Keep your hands visible and away from your firearm.
2. State Your Intent: Inform the officer you are lawfully carrying for self-defense.
3. Do Not Consent to Searches:  If you have been detained, charged with "Armed Trespass," or had your firearm seized, do not provide a statement without an attorney present. Invoke your right to silence.

Protect your rights and your 2nd Amendment standing. Call Irvin Daphnis immediately at 904-934-2210.