It has been over two months since the First District Court of Appeal struck down Florida’s long-standing ban on open carry in McDaniels v. State on September 10, 2025. The court held that Florida’s 1987 open-carry prohibition violated the Second Amendment.
On September 15, 2025, Attorney General James Uthmeier confirmed that “open carry is now the law of the state”. Within days, confusion spread among businesses, law enforcement, and employees about how to interpret the decision.
It was described as “a hot mess of confusion,” as workers struggled to communicate whether firearms were permitted in restaurants, retail stores, and entertainment venues..
Now that the ruling has settled in, Florida businesses, particularly those in the alcohol and hospitality sectors, need to take steps to align policies with both state law and operational safety, if they haven’t already.
What the Court’s Decision Does (and Doesn’t) Allow
While the appellate decision broadened where firearms may be carried, many restrictions remain under Florida law:
- Schools – prohibited under F.S.S. 790.115
- Detention facilities – prohibited under F.S.S. 951.22
- Courthouses – prohibited by judicial administrative order
And most importantly to thousands of Florida businesses: portions of premises licensed for on-premises alcohol consumption – under F.S.S. 790.06(12)(a), open carry is not permitted in any area “primarily devoted” to dispensing or consuming alcoholic beverages
In practice, this means that a firearm cannot be openly carried in a bar area or lounge of a licensed premises where alcoholic beverages are primarily served and consumed. However, other areas of the same establishment such as dining room areas, hotel lobbies, retail spaces, or outdoor patios may allow open carry unless the owner or operator has chosen to prohibit it. Importantly, private property owners retain full authority to restrict or ban firearms on their licensed premises, and they may do so through clearly posted signage and written policy.
Compliance Guidance for Alcohol-Licensed and Firearm Businesses
Businesses operating at the intersection of regulated products, public access, and property management should carefully evaluate their policies in light of the recent open carry decision. While each operation is unique, there are several key considerations that may help smooth over operations during this period.
- Identify restricted zones. Map out alcohol-service areas “primarily devoted” to alcohol beverage consumption and clearly mark them as firearm-restricted.
- Update signage. If you prohibit firearms across your entire premises, post visible “No Firearms” notices at every entrance.
- Train staff. Front-line employees should know what areas are off-limits, how to enforce policies, and when to involve law enforcement. During the first two weeks, many businesses were faced with the question “Do you allow open carry?” and the response from frontline workers varied from location to location.
- Coordinate with property owners. If you lease space in a shopping center, hotel, or mixed-use facility, ensure lease language reflects your firearm and alcohol-service policies.
- Review insurance and liability coverage. Open carry may affect risk assessments and insurer requirements.
- Monitor legislative updates. Lawmakers are expected to clarify “sensitive places” and business-owner rights in the 2026 legislative session. Although the state establishes the overarching firearm laws, local governments may issue clarifying ordinances, administrative guidance, or enforcement policies that apply within their jurisdictions. Businesses operating within those city or county limits must also comply with any local regulations or directives adopted in response to the state’s open carry framework.
At Spirit Law Partners, we draw on deep, practical experience in both the alcohol beverage and firearm regulatory industries to guide clients through Florida’s evolving legal landscape. As a police officer and as a former Special Agent with the Florida Division of Alcoholic Beverages and Tobacco, our law firm has the background on how state and federal regulators interpret and enforce compliance standards. That experience allows our firm to develop strategies that protect businesses while promoting public safety.
Our team assists clients with Federal Firearm License (FFL) filings before the ATF, Florida DOA licensing and compliance for firearm and security companies, and alcohol licensing and zoning for restaurants, bars, hotels, and entertainment venues. We frequently advise on mixed-use operations where firearm restrictions and alcohol service overlap. This combination of regulatory insight and operational understanding gives Spirit Law Partners a distinct advantage in helping clients balance compliance obligations with day-to-day business realities.
The appellate decision on open carry marks a substantive change in Florida law, but it has also introduced uncertainty. Spirit Law Partners continues to advise hospitality, alcohol, firearm, and security clients statewide on adapting to this evolving environment.
If your business needs to update its firearm policies, license compliance, or risk-management protocols in light of Florida’s new open-carry law, contact Spirit Law Partners for guidance.
