Florida criminal charge
Open carrying of weapons in Florida
Open carrying of weapons is a Misdemeanor of the Second Degree under Florida criminal law, defined by Fla. Stat. § 790.053. As a Misdemeanor of the Second Degree, it is punishable within the statutory sentencing range Florida sets for that offense class. Florida sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by Fla. Stat. § 790.053.
What is the penalty for open carrying of weapons in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
Common questions about open carrying of weapons in Florida
Is open carrying of weapons a felony or a misdemeanor in Florida?
Open carrying of weapons is a Misdemeanor of the Second Degree in Florida under Fla. Stat. § 790.053.
What are the penalties for open carrying of weapons in Florida?
As a Misdemeanor of the Second Degree, open carrying of weapons carries up to 60 days (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $500 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).
Which Florida statute covers open carrying of weapons?
Open carrying of weapons is governed by Fla. Stat. § 790.053 (Open carrying of weapons).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.