Florida is Now an Open-Carry State (What Does that Mean for Employers)

Recently, a Florida appeals court struck down a law that barred open-carry in the state (McDaniels v. State of Florida). State leaders have already indicated that they do not plan to appeal. As such, the case is effectively over and will not go to the Florida Supreme Court. Employers may want to consider reviewing and/or revising certain workplace policies. In this article, you will find an overview of some of the potential implications of this decision for employers in Florida.

Case Review: McDaniels v. State of Florida

In the case of McDaniels v. State, the First District Court of Appeal struck down Florida Statute § 790.053. It determined that the state’s ban on open carry violates the Second Amendment. More specifically, the court held that the statute could not satisfy the U.S. Supreme Court’s Bruen test. The reason is that Florida failed to point to a historical analog supporting prohibition of open publicly carried firearms. As a result, the Florida Attorney General directed law enforcement statewide to treat open carry as a lawful act. Florida will not appeal the decision. The consequence is that open-carry is now a permitted act in the state.

What Employers May Want to Do After the Florida Open-Carry Decision

Review and Update Workplace Firearms Policies

Employers should revisit their policies on weapons on premises. Even though open carry is now legal under McDaniels, private property rights remain. In other words, businesses may still prohibit weapons inside their facilities. Employers can make this clear and explicit. Many companies can benefit from clear, comprehensive workplace policies related to employee conduct, including things like carrying firearms and other weapons on the premises.

Parking Lot and Vehicle Exceptions (Florida has a Special Law)

Under Florida law (e.g. “Take Your Gun to Work” statutes), employers generally cannot discipline employees for having a firearm locked in a vehicle in a business parking lot. The ruling does not alter that protection. Employers should confirm their rulebooks allow legally parked firearms in vehicles even if they opt to restrict open carry within buildings. 

Training, Safety, and Security Protocols 

With open carry now permitted, employers should consider enhanced safety training, incident response plans, and security assessments. Some of the common policies for employers to consider are policies that are focused on de-escalation, interaction if an employee appears with a visible firearm, and reporting protocols. 

Compliance with Prohibited Location Laws 

Finally, even under McDaniels, certain locations remain off-limits (schools, courthouses, bars, etc.). Employers must ensure that facility signage and internal rules reflect prohibited areas. Claiming “open carry now overrides all rules” is not simply accurate. 

Get Help From a Florida Employment Attorney

Employment law can be complicated. Employers should take a proactive approach so that they can be sure that they have the proper practices in place. If you have any questions or concerns about employment law, please do not hesitate to contact a Florida employment law firm today.