uiStarter>Resources > Permitless Carry in Florida
Starting July 1, 2023, new legislation takes effect in the state of Florida which authorizes a person to carry a concealed weapon or firearm pursuant to a valid concealed weapons license or without a concealed weapons license provided that the criteria for obtaining a license is met.
Pursuant to section 790.001(3)(a), a concealed weapon or concealed firearm means a handgun, electronic weapon or device, tear gas gun, knife, or billie. It
include a machine gun as defined in section 790.001(9), Florida Statutes.
Please click here for more information from the Florida Department of Agriculture
Under this law, the criteria to carry a concealed firearm is the same criteria that would be required to be eligible for a permit. The list provided by JSO serves to highlight the main criteria for carrying a firearm lawfully. Just as this law protects a gun owner's right to carry a firearm, it is the same gun owner's responsibility to maintain compliance with all applicable local, state, and federal laws and regulations. Gun owners should exercise proper gun safety, storage, and carry valid identification when carrying a concealed firearm. It is a citizen's responsibility to get educated on the new laws. JSO does not assume any responsibility for a citizen's decision to carry a firearm unlawfully.
Myth vs. Fact
Addressing the misinformation surrounding Florida's Permitless Carry Law
Myth: Open carry is permitted.
Fact: Open carry is still illegal in Florida under most circ*mstances. You may openly carry a firearm if you are engaged in or traveling to / from fishing, camping, hunting, or test / target shooting.
Myth: Anybody can get a firearm without a background check.
Fact: The new law does not change who can purchase a firearm or the waiting period to period to purchase a firearm.
Myth: The new law doesn't restrict who can legally carry a firearm.
Fact: Actually to carry a concealed firearm in Florida, you must meet the same criteria required to apply for your Concealed Weapon License as outlined in F.S.S. 790.06.
Myth: Concealed Weapon License are going away.
Fact: The Florida Department of Agriculture will continue to maintain the program and issue new permits. Concealed Weapon License (CWL) still have benefits including reciprocity in other states that recognize Florida's CWLs and the ability to purchase / take delivery of firearms the same day in lieu of a three-day waiting period. For more information, please visit the Florida Department of Agriculture's website at:https://www.fdacs.gov/Consumer-Resources/Concealed-Weapon-License
Myth: You can carry a firearm anywhere.
Fact: There is still a list of prohibited places where you cannot carry a firearm. Please see the list below for more information.
Eligibility Requirements
A person is eligible for a concealed firearms license, and under the new law may carry without a CWL, if he or she satisfies all of the following requirements:
- Mustcarry a government issued ID (e.g. REAL ID)and display it upon demand by an officer;
- Mustbe a United States resident and citizen or hold a permanent resident status;
- Must be 21 years of age or older;
- Does not have anyphysical aliments preventing the safe handling of a weapon or firearm;
- Not prohibited from purchasing or possessing a firearm as a result of a prior conviction for a felony offense or other provision of Florida or federal law or set by the court system;
- Has not been committed under Florida State Statutes, Chapter 397,for abusing a controlled substance;
- Does not chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired;
- Notin possession of drugs / controlled substancewhile actively carrying a concealed weapon;
- Has not been adjudicated an incapacitated person in a guardianship proceeding;
- Has not been committed to a mental institution under Florida State Statute, Chapter 394;
- Has nothad an adjudication of guilt withheld or imposition of sentence suspended on any felony or one or more misdemeanor crimes of violence, unless three years have lapsed since probation or any other conditions set by court have been fulfilled or the record has been expunged;
- Does not have current injunctions in force for domestic or repeat violence
Prohibited Locations
Additionally, a person authorized to carry a weapon or firearm without a CWL may not carry the firearm or weapon in any location where a person with a CWL is not authorized to carry it. A violation is punishable as a second-degree misdemeanor.The locations include:
- Any place of nuisance as defined in section 823.05.
- Any police, sheriff, or Highway Patrol station;
- Any detention facility, prison or jail;
- Any courthouse; any courtroom, except that a judge may carry a concealed weapon and determine who may carry a concealed weapon in the courtroom;
- Any polling place;
- Any meeting of the governing body of a county, public school district, municipality, or special district;
- Any meeting of the legislature or a legislative committee;
- Any school, college, or professional athletic event not related to firearms;
- Any elementary or secondary school facility or administration building;
- Any career center;
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted for that purpose;
- Any college or university facility unless the holder is a registered student, employee, or faculty member of the college or university and the weapon is a stun gun or nonlethal electric weapon, or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
- The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; or
- Any place where the carrying of firearms is prohibited by federal law.
As provided in section 790.06(12)(d), any person who knowingly and willfully carries a concealed firearm in an unauthorized location commits a second-degree misdemeanor.
Under this law, the criteria to carry a concealed firearm is the same criteria that would be required to be eligible for a permit. The list provided by JSO serves to highlight the main criteria for carrying a firearm lawfully. Just as this law protects a gun owner's right to carry a firearm, it is the same gun owner's responsibility to maintain compliance with all applicable local, state, and federal laws and regulations. Gun owners should exercise proper gun safety, storage, and carry valid identification when carrying a concealed firearm. It is a citizen's responsibility to get educated on the new laws. JSO does not assume any responsibility for a citizen's decision to carry a firearm unlawfully.
