You can carry a gun on a boat in Florida. State law treats a privately owned vessel as a private conveyance, the same category as your car, so an adult who lawfully possesses a firearm can keep it aboard without a concealed carry license as long as it is securely stored. If you hold a Florida Concealed Weapon or Firearm License, or you qualify under the state’s permitless carry law, you can carry a concealed handgun on your person while on the boat. The catch is in the details. Storage that doesn’t meet the statutory definition, or a stop in the wrong location, can turn a legal firearm into a felony charge.
Your Boat Counts as a Private Conveyance
Florida Statute 790.25(4) puts privately owned boats in the same legal category as cars and trucks. A person 18 or older who lawfully possesses a handgun may keep it inside a private conveyance, provided it is securely encased or not readily accessible for immediate use.1Florida Senate. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
The encasement requirement applies specifically to handguns. Long guns, meaning rifles and shotguns, can be carried anywhere in a private conveyance without being encased, as long as you are carrying them for a lawful purpose.1Florida Senate. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
What Securely Encased Actually Means
If you don’t have a concealed carry license and don’t qualify for permitless carry, your handgun has to be securely encased while on the boat. Florida Statute 790.001(15) defines that term as any of the following: a glove compartment (locked or unlocked), a snapped holster with the snap engaged, a gun case (locked or unlocked), a zippered gun case, or a closed box or container that requires opening a lid or cover to access the firearm.2Florida Senate. Florida Code 790.001 – Definitions
The same statute defines “readily accessible for immediate use” as a firearm carried on your body or close enough that you could grab and use it just as quickly as if it were on your body.2Florida Senate. Florida Code 790.001 – Definitions A handgun sitting loose on the console fails both tests. A handgun in a closed tackle box under the helm passes. Some deliberate action beyond simply reaching for the gun has to be required.
Carrying a Concealed Handgun on Your Person
To wear a concealed handgun on your body while aboard, you need authorization under Florida Statute 790.01(1). Two paths qualify.3Florida Senate. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms
- A Florida Concealed Weapon or Firearm License issued through the Florida Department of Agriculture and Consumer Services.
- Permitless carry, meaning you don’t hold a license but meet all the eligibility criteria for one.
Permitless carry took effect on July 1, 2023. It doesn’t mean anyone can carry concealed. You still have to meet the same background requirements as a license applicant, including age, no felony convictions, no domestic violence injunctions, and no disqualifying drug or alcohol history.4Florida Department of Agriculture and Consumer Services. Eligibility Requirements for a Florida Concealed Weapon License Florida Statute 790.25(4)(b)(2) specifically confirms that someone authorized under 790.01(1) may carry a concealed weapon on their person inside a private conveyance.1Florida Senate. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
The Fishing Exception
Florida Statute 790.25(2)(h) carves out a separate exception for anyone engaged in fishing, camping, or lawful hunting, or traveling to or from such an activity.1Florida Senate. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons This applies “notwithstanding” the concealed carry and open carry statutes. Someone actively fishing from a boat has broader carry rights than someone just cruising.
Many boaters’ situations fall into this exception. If you’re heading out to fish, you have a statutory right to possess your firearm that doesn’t depend on encased storage or a license. The exception applies while you are genuinely engaged in the activity or traveling to and from it. Stopping at a waterfront bar on the way home stretches the definition, and law enforcement knows it.
Open Carry Is Still Prohibited
Florida generally prohibits open carry. Under Florida Statute 790.053, it is unlawful to openly carry a firearm on or about your person.5FindLaw. Florida Code 790.053 – Open Carrying of Weapons That rule applies on your boat the same as on land. A holstered handgun visible on your hip while you’re docked at a marina or idling through a no-wake zone violates the statute unless an exception applies.
Two exceptions matter for boaters. Anyone who lawfully carries a concealed firearm may briefly and openly display it, as long as the display isn’t angry or threatening. That covers incidental exposure, like a cover garment shifting while you pull an anchor. And the fishing exception discussed above exempts people actively engaged in that activity from the open carry prohibition.
Firearms and Alcohol on the Water
Florida Statute 790.151 makes it illegal to use a firearm while under the influence of alcohol, chemical substances, or controlled substances when your normal faculties are impaired.6Florida Senate. Florida Code 790.151 – Using Firearm While Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances
“Use” is defined broadly. It covers discharging the firearm, but it also covers having a loaded firearm in your hand. If you’re impaired and holding a loaded handgun on your boat, you’ve committed the offense even without pulling the trigger.6Florida Senate. Florida Code 790.151 – Using Firearm While Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances A violation is a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine.7Florida Senate. Florida Code 775.083 – Fines If you plan to drink on the boat, keep the firearm securely encased and leave it there.
Places You Still Can’t Take It
Some locations remain off-limits regardless of your license status or how the gun is stored. Florida Statute 311.12 makes it a first-degree misdemeanor to possess a concealed weapon in a restricted area of a commercial seaport, including inside a vessel within that zone.8Florida Senate. Florida Code 311.12 – Seaport Security Seaports are required to post clear notices, so you’ll typically see signs before you enter a restricted zone.
The concealed carry statute also lists locations where even licensed or permitless-eligible carriers cannot bring firearms. Several can come up during a day on the water: bars and restaurants where the portion you enter primarily serves alcohol for on-premises consumption, courthouses, police stations, schools, and anywhere carrying is prohibited by federal law.9Florida Department of Agriculture and Consumer Services. Possession Restrictions – Concealed Weapon License If you dock and walk into a waterfront bar, the firearm needs to stay locked on the boat.
Coast Guard Boardings
The U.S. Coast Guard has sweeping authority to board any vessel in U.S. waters without a warrant. Under 14 U.S.C. § 522, Coast Guard officers can board your boat, examine documents, and inspect the vessel at any time to enforce federal law.10GovInfo. 14 USC 522 – Law Enforcement No probable cause or reasonable suspicion is required. That authority is far broader than what police can do during a traffic stop.
During a routine safety inspection, Coast Guard personnel may encounter your firearm. Compliant storage under Florida law protects you. If the gun is sitting loose in a spot that suggests it’s readily accessible and you don’t have a license or permitless carry eligibility, you could face questions. Keep your storage compliant and, if you hold a license, have it accessible along with your boat registration and ID.
Crossing into Foreign or Other State Waters
Florida firearms rights end at the U.S. territorial boundary. The Bahamas requires any firearm or ammunition aboard a vessel entering Bahamian waters to be declared with Bahamian Customs at the first port of entry. Only shotguns and handguns may be declared, and they must remain locked on the vessel at all times. Failing to declare a firearm can result in up to 10 years in prison and a $10,000 fine under the Bahamas Firearms Act. Across the broader Caribbean, CARICOM member states prohibit importing firearms or ammunition without a license from the local authority, and the ATF warns that the U.S. Embassy cannot secure your release if you are arrested for illegally bringing a firearm into a foreign country.11ATF. Traveling with Firearms
Interstate boat travel is governed by the Firearm Owners Protection Act at 18 U.S.C. § 926A. It allows you to transport a firearm through any state as long as you can legally possess it at both your starting point and destination, the firearm is unloaded, and neither the gun nor ammunition is readily accessible from the passenger area.12Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms The statute uses the term “transporting vehicle” and doesn’t specifically mention boats, so applying it to watercraft involves some legal uncertainty. If you’ll enter another state’s waters, research that state’s rules before you go.
Penalties for Getting It Wrong
Penalties scale with the violation. Carrying a concealed firearm on your person without qualifying under the license or permitless carry provisions is a third-degree felony, punishable by up to five years in prison.3Florida Senate. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms13FindLaw. Florida Code 775.082 – Penalties This is the charge that catches people who assume the private conveyance rule lets them wear a holstered gun without a license. It doesn’t. The private conveyance provision protects securely encased storage, not carry on the person.
For a concealed weapon other than a firearm, like a knife or electric weapon, unlicensed carry is a first-degree misdemeanor with up to one year in jail and a $1,000 fine.3Florida Senate. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms Using a firearm while impaired is a second-degree misdemeanor; possessing a firearm in a seaport restricted area is a first-degree misdemeanor. Boating into the Bahamas with an undeclared gun sits at the far end of the range at up to a decade in a foreign prison.