Can I Carry a Gun in Florida? Permitless Carry and Restrictions

Yes, you can carry a gun in Florida, and since July 1, 2023, you can carry one concealed without any permit as long as you meet the state’s eligibility requirements.1Executive Office of the Governor. Governor Ron DeSantis Signs HB 543 – Constitutional Carry You must be at least 21, a U.S. citizen or lawful permanent resident, and free of the criminal history and mental health adjudications that would disqualify you from a Concealed Weapon License. Open carry is still illegal in almost every situation, a long list of locations remain off-limits, and federal restrictions apply on top of everything.

Who Qualifies to Carry Concealed

Florida Statute 790.01 lets you carry concealed without a license if you “satisfy the criteria for receiving and maintaining” a Concealed Weapon License under 790.06.2The Florida Legislature. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms Those criteria, pulled from 790.06(2) and (3), are:3The Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm

  • Age 21 or older. Active military servicemembers and honorably discharged veterans can carry at 18.
  • U.S. resident who is a citizen or lawful permanent resident.
  • No felony convictions. A felony conviction bars firearm possession entirely.
  • No disqualifying withheld adjudications. If a court withheld adjudication on a felony, a misdemeanor domestic violence charge, or any misdemeanor crime of violence, you must wait three years after finishing probation before you can carry.
  • No drug conviction under Florida law or a similar law of another state within the past three years.
  • No chronic substance abuse. Two or more DUI convictions within three years creates a legal presumption of habitual use.
  • No adjudication of mental defect and no involuntary commitment to a mental institution.
  • No physical infirmity preventing safe handling of a firearm.

If you carry concealed without meeting these criteria, the state can charge you with a felony. The prosecution has to prove both that you lacked a license and that you were ineligible for one.2The Florida Legislature. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms

If You Are Visiting Florida

Permitless carry is not limited to Florida residents. A visitor who is a U.S. resident, is 21 or older, and meets Florida’s eligibility criteria can carry concealed while in the state. If you don’t meet every Florida-specific criterion but hold a valid concealed carry license from your home state, Florida will recognize that license.4Florida Department of Agriculture and Consumer Services. Concealed Weapon License Reciprocity The military exception applies to visitors as well: active servicemembers and honorably discharged veterans can carry at 18. Whichever path authorizes you to carry, the same prohibited-location rules and open carry ban apply.

Carrying in Your Vehicle

You do not need to be eligible for permitless carry to have a firearm in your car. Florida Statute 790.25(4) lets anyone 18 or older who can lawfully possess a firearm keep one inside a private vehicle, as long as it is “securely encased” or otherwise not readily accessible for immediate use.5The Florida Legislature. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons Securely encased means a glove compartment (locked or unlocked), a gun safe, a snapped holster, a zippered case, or a closed container with a lid. A gun sitting loose on the seat or in a door pocket does not qualify.

If you meet the permitless carry criteria or hold a CWL, you can go further and carry the firearm concealed on your person while inside the vehicle. If you are 18 to 20 and do not have a license, the securely-encased approach is your only legal option. Long guns can be carried anywhere inside a private vehicle when transported for a lawful purpose.

Where You Cannot Carry

Florida Statute 790.06(12) lists 15 categories of places where concealed carry is prohibited, whether or not you have a license. Violating this rule is a second-degree misdemeanor punishable by up to 60 days in jail.3The Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm6Florida Senate. Florida Code 775.082 – Penalties, Applicability of Sentencing Structures, Notification to Department of Revenue The prohibited locations include:

  • Elementary and secondary school facilities, administration buildings, and career centers
  • College and university facilities (a narrow exception lets registered students, employees, or faculty carry a nonlethal defensive stun gun)
  • Courthouses and courtrooms, unless the presiding judge authorizes it in that courtroom
  • Meetings of county commissions, school boards, city councils, special districts, and legislative committees
  • Polling places on election days
  • Police stations, sheriff’s offices, and highway patrol stations
  • Prisons, jails, and other detention facilities
  • The portion of any establishment licensed for on-premises alcohol consumption that is primarily devoted to that purpose (the bar area itself, not necessarily the whole restaurant)
  • School, college, or professional athletic events not related to firearms
  • Airport passenger terminals and sterile areas (though you can bring a lawfully encased firearm to the terminal to check as baggage)
  • Places declared a nuisance under Florida Statute 823.05
  • Anywhere federal law prohibits firearms

That last category is broad. Post offices, including their parking lots, are off-limits under federal regulation.7USPS. Possession of Firearms and Other Dangerous Weapons on Postal Service Property Is Prohibited by Law Federal courthouses, VA hospitals, military bases, and any federal building with security screening are prohibited under 18 U.S.C. 930. National parks generally allow concealed carry under the state law that applies, but visitor centers, ranger stations, and other federal facilities inside a park are prohibited zones.

Private Property

Businesses and private property owners can prohibit firearms on their premises. Florida does not specify a required sign format, but if you remain armed after being asked to leave or after seeing a no-weapons policy, you face trespass charges. Trespassing while armed is a more serious offense and can result in jail time and loss of your carry rights.

Places of Worship

Florida Statute 790.06(13) specifically authorizes a person “licensed under this section” to carry a concealed weapon on property owned or used by a religious institution.8Florida Senate. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm That language refers to CWL holders. Whether it extends to permitless carriers is a gray area, because permitless carry is authorized under 790.01 rather than 790.06. If carrying at worship matters to you, holding the formal license removes the doubt. Either way, the religious institution can prohibit firearms on its property.

Open Carry Is Still Illegal

Florida Statute 790.053 makes it unlawful to openly carry a firearm or electric weapon where others can see it, and this applies even if you hold a CWL. Anything you carry in public must be completely hidden from view. Violating the ban is a second-degree misdemeanor, up to 60 days in jail.9The Florida Legislature. Florida Code 790.053 – Open Carrying of Weapons

The exceptions are narrow. Under Florida Statute 790.25 you can openly carry while fishing, camping, hunting, or traveling directly to or from those activities, and you can carry openly inside your own home or place of business.5The Florida Legislature. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons Outside those situations, keep it concealed or leave it secured.

When You Can Actually Use the Gun

Carrying a firearm legally is not the same as being allowed to use it. Florida Statute 776.012 permits non-deadly force when you reasonably believe it is necessary to defend yourself or another against an imminent use of unlawful force, and you have no duty to retreat first.10The Florida Legislature. Florida Code 776.012 – Use or Threatened Use of Force in Defense of Person

Deadly force, which includes drawing and firing a weapon, is justified only when you reasonably believe it is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony. Florida’s Stand Your Ground provision removes any duty to retreat before using deadly force, provided you are not engaged in criminal activity and you are somewhere you have a right to be. The controlling phrase is “reasonably believes.” A subjective feeling of danger is not enough; the threat has to be one a reasonable person in the same situation would view as imminent and serious. Drawing on someone during a verbal argument that has not escalated to a physical threat is not protected.

Traffic Stops and Police Encounters

Florida does not require you to proactively tell a law enforcement officer you are carrying. You do not have to volunteer that information during a traffic stop or any other encounter. You do, however, have to carry valid identification whenever you are armed, and you must show it when an officer asks. Failing to produce ID on demand is a noncriminal violation with a $25 fine.11Florida Senate. Florida Code 790.013 – Requirement for Persons Carrying Concealed Weapons or Concealed Firearms Without Licenses

If an officer asks whether you are armed, answer truthfully. Keep your hands visible, do not reach toward the weapon, and follow instructions.

Why Getting the License Still Makes Sense

Since you can carry concealed without one, the formal Concealed Weapon License might look pointless. It isn’t. Florida’s CWL is recognized in 37 other states, so it lets you carry legally across most of the country.4Florida Department of Agriculture and Consumer Services. Concealed Weapon License Reciprocity Without the license, your Florida permitless carry rights end at the state line. The license also resolves the worship-property ambiguity, and if you buy a firearm from a licensed dealer, holding a Florida CWL exempts you from the three-day waiting period.

How to Get a Concealed Weapon License

The Florida Department of Agriculture and Consumer Services processes all CWL applications. You have to demonstrate firearms competence through one of several accepted routes: an NRA training course, a hunter safety course, a law enforcement firearms course, or any firearms training program using certified instructors, among other options in the statute.3The Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm

The application requires a valid photo ID, your training certificate, fingerprints, and a recent photograph. Applying in person at an FDACS regional office lets staff take your photo and prints on-site. Applying by mail or online means scheduling a separate fingerprint appointment at a local sheriff’s office or police department.12Florida Department of Agriculture and Consumer Services. Applying for a Concealed Weapon License

The base cost is $97, which covers the $55 license fee and $42 fingerprint processing fee. If you apply through a county tax collector, expect a convenience fee of up to $22 on top, bringing the total to as much as $119.13Florida Department of Agriculture and Consumer Services. Concealed Weapons License Fees FDACS has 90 days from receiving a complete application to issue or deny the license, and the finished permit is mailed to your home address.