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Florida Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
While most gun regulations are state-level, federal laws apply nationwide, licensing gun dealers and restricting ownership of certain weapons like machine guns, sawed-off shotguns, and silencers. Federal law also prohibits firearm possession by certain individuals, such as convicted felons and drug users.
Florida’s gun laws are less restrictive compared to many states. The state does not ban assault weapons or limit magazine capacity and does not require a purchase permit or firearm license. However, there is a three-day waiting period between purchasing and receiving a firearm. After the Parkland shooting, additional gun control measures were enacted.
In 2005, Florida implemented the nation’s first stand-your-ground law, which became prominent after the 2012 shooting of Trayvon Martin by George Zimmerman. The law allows individuals to use force in self-defense without the duty to retreat if they believe it will prevent death, great bodily harm, or a forcible felony. It also provides immunity from criminal prosecution and civil suits when self-defense is claimed.
Signed into law on March 9, 2018, following the Parkland shooting, this act made several changes:
- Banned bump stocks.
- Extended mental health services.
- Introduced a red flag law allowing courts to temporarily remove firearms from those deemed at risk.
- Permitted sheriffs to appoint trained school employees as “guardians” to be armed on school grounds.
Before 2023, individuals needed to apply for a concealed weapons license, pass a background check, and complete firearms safety training. This process helped prevent unauthorized possession and aided law enforcement.
In 2023, Florida enacted a permitless carry law, allowing eligible individuals to carry a concealed weapon without a license. Despite this, many still apply for the state license to benefit from reciprocity in other states.
Regardless of license status, firearms are prohibited in certain locations, including:
- Schools and administration buildings
- Colleges and universities
- Places of nuisance (e.g., houses of prostitution)
- Law enforcement facilities
- Detention facilities and prisons
- Courthouses
- Polling places
- Government and legislative meetings
- School and professional athletic events
- Career centers
- Portions of bars serving alcohol
- Airports
- Hospitals providing mental health services
- Federally prohibited locations
Exceptions may apply for law enforcement or designated security officers in specific situations.
- Section 8 — Right to Bear Arms
- Section 790.001 — Unlicensed carrying of concealed weapons or firearms
- Section 790.01 — Carrying of concealed weapons or firearms
- Section 790.053 — Open carrying of weapons
- Section 790.06 — License to carry concealed weapon or firearm
- Section 790.064 — Firearm possession and ownership disability
- Section 790.065 — Sale and delivery of firearms
- Section 790.0655 — Purchase and delivery of firearms; mandatory waiting period
- Section 790.07 — Persons with weapons engaged in criminal offenses
- Section 790.115 — Possessing or discharging weapons on school property
- Section 790.17 — Furnishing weapons to minors or unsound persons
- Section 790.174 — Safe storage of firearms
- Section 790.221 — Possession of short-barreled rifles, shotguns, or machine guns
- Section 790.222 — Bump fire stocks prohibited
- Section 790.23 — Firearm possession by felons and delinquents
- Section 790.233 — Firearm possession prohibited under domestic violence injunctions
- Section 790.235 — Firearm possession by violent career criminals
- Section 790.25 — Lawful ownership, possession, and use of firearms
- Section 790.251 — Right to bear arms in motor vehicles
- Section 790.27 — Alteration or removal of firearm serial numbers
- Section 790.31 — Armor-piercing or exploding ammunition
- Section 790.33 — Preemption of firearms regulation
- Section 790.401 — Risk protection orders
Possession of the following is illegal unless compliant with federal law:
- Short-barreled rifles and shotguns
- Machine guns
- Firearms with altered or removed serial numbers
- Armor-piercing or exploding bullets in handguns
- Dragon’s breath, bolo, or flechette shotgun shells
- Bump-fire stocks
Florida mandates a three-day waiting period between purchasing and receiving a firearm from a licensed dealer, excluding weekends and holidays. Exceptions include:
- Concealed carry permit holders
- Firearm trade-ins
- Purchasers of rifles or shotguns who have completed a hunter safety course
- Law enforcement or correctional officers purchasing rifles or shotguns
Firearm ownership is prohibited for individuals who:
- Have felony convictions or juvenile delinquency adjudications for felonies (under 24 years old)
- Are under injunctions for domestic violence or stalking
- Are deemed violent career criminals
- Have been adjudicated mentally defective or committed to a mental institution
- Are under a risk protection order
- Are minors (unless hunting or under adult supervision)
Florida does not require a permit or license to own a gun.
No permit is required to carry a concealed firearm, but legal possession and location restrictions apply.
Open carry is illegal in most situations.
Applicants must:
- Be a U.S. citizen or permanent resident
- Be at least 21 (or 18 for military personnel or veterans)
- Not have physical infirmities that prevent safe handling
- Have no felony convictions (unless rights restored)
- Have no recent drug crime convictions
- Not habitually use substances impairing normal faculties
- Demonstrate competence with a firearm
- Not be adjudicated incapacitated or committed to a mental institution
- Not have recent domestic violence convictions or injunctions
Ownership or possession of machine guns is prohibited, except for antiques or federally permitted firearms.
Penalties include:
- Third-degree felony: Up to 5 years imprisonment and $5,000 fine
- Second-degree felony: Up to 15 years imprisonment and $10,000 fine
- Second-degree misdemeanor: Up to 60 days imprisonment and $500 fine
- Trespassing with a firearm: Third-degree felony (up to 5 years imprisonment and $5,000 fine)
- Carrying a concealed firearm into schools or events: Second-degree misdemeanor (up to 60 days imprisonment and $500 fine)
Enacted in 2018, allowing law enforcement to petition for risk protection orders to remove firearms from individuals deemed a significant danger.
Florida does not require background checks for private firearm sales.
Florida law permits the use of deadly force in self-defense without a duty to retreat if the individual is not engaged in criminal activity and is in a place where they have a right to be.
