Omar Bennett
Florida's permitless carry law, also known as constitutional carry, allows residents to carry concealed firearms without a permit, background check, or safety training. This law came into effect on July 1, 2023, and applies to both residents and non-residents of Florida who are 21 years or older. While this law removes some restrictions on firearm possession, there are still rules and exceptions in place to ensure public safety. For example, individuals convicted of a felony or adjudicated delinquent for a felony while under the age of 24 are prohibited from carrying concealed weapons. Additionally, there are restrictions on carrying concealed weapons into certain locations, such as jails, detention centres, police stations, and certain businesses.
| Characteristics | Values |
|---|---|
| Definition of "concealed carry" | The ability to publicly carry a legally owned firearm that is hidden from view |
| Florida's "concealed carry" law | Florida previously required special training and a license for "concealed carry" but this is no longer the case |
| "Permitless carry" | "Permitless carry" or "constitutional carry" allows the carrying of concealed firearms without permits, licensing or training |
| Eligibility | A person is eligible for a concealed firearms license if they are 21 or older and not prohibited by law to carry a firearm. The age requirement doesn't apply to law enforcement or corrections officers, military service members or veterans |
| Exceptions | Individuals convicted of a felony or those adjudicated delinquent for a felony while under the age of 24 are not permitted to carry a concealed weapon in Florida. Non-residents also face restrictions. |
| Locations | Florida's "permitless carry" law allows people to carry their concealed weapons into churches, synagogues, mosques and other religious institutions. It is illegal to bring a concealed weapon into a jail, detention centre, prison, police station, sheriff station or highway patrol station. |
| Businesses | Businesses may have "no firearms" policies. A business owner can legally tell a customer to leave their gun outside their establishment. |
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What You'll Learn
Florida's 'Stand Your Ground' law
In 2023, Florida became a "permitless carry" state, meaning that residents and non-residents can carry a concealed firearm in public without a permit, background check, or safety training. However, there are still some eligibility criteria that must be met to obtain a concealed carry permit. These include being a U.S. resident or citizen, being over the age of 21 (with exceptions for servicemembers and veterans), and not having any felony convictions or physical infirmities that prevent the safe use of a weapon.
Florida's "Stand Your Ground" law, enacted in 2005, expands the scope of a self-defense claim by eliminating the "duty of retreat" rule and presuming legal justification for the use of force in a person's dwelling, residence, or vehicle. This law provides potential immunity from prosecution for individuals whose actions fall within the provisions of the statute.
Prior to the "Stand Your Ground" law, a person could not use deadly force in self-defense without first attempting to retreat from the danger. However, the principle that a person may use deadly force in self-defense if they reasonably believe it is necessary to prevent imminent death or great bodily harm has been the law in Florida for over a century.
The "Stand Your Ground" law broadens the scope of self-defense by abolishing the "duty of retreat" rule and applying it to all places where a person is legally present. It also offers potential immunity to defendants whose use of force falls within the protections of the statute. This marks a significant departure from common law self-defense claims, which did not offer immunity from prosecution.
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Concealed carry restrictions
In the United States, the right to carry a concealed firearm is protected by the Second Amendment, but there are restrictions on this right. While some states have unrestricted concealed carry laws, allowing residents to carry a concealed firearm without a permit, other states have more stringent requirements.
Florida, for example, eliminated its permit requirement for concealed carry in 2023. However, there are still restrictions on who can carry a concealed firearm and where they can carry it. For instance, individuals convicted of a felony or certain misdemeanours are barred from carrying a concealed firearm in Florida. Additionally, concealed carry is restricted in places of nuisance as defined in Florida law, which includes places that endanger the health of the community or are "manifestly injurious to the morals or manners" of the community.
Other states, such as Texas, have different restrictions on concealed carry. Texas law sets the minimum age to carry a gun at 21 years old, although an amendment in 2022 allows 18-to-20-year-olds to apply for a Licence to Carry (LTC) if they meet other eligibility criteria. Additionally, there are federal laws that restrict certain individuals from possessing firearms, such as those with specific mental health issues or a history of domestic violence.
It is important to note that concealed carry restrictions can vary widely depending on the state and even the local jurisdiction. For example, tribal laws on Native American reservations can vary from "No-Issue" to "Shall-Issue" and "Unrestricted." Additionally, military installations typically have very restrictive rules regarding the possession and transport of firearms. As a result, individuals interested in concealed carry should carefully research the specific laws and restrictions in their state or jurisdiction.
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Concealed carry permits
Florida's permitless carry law allows residents to carry concealed firearms without a permit, background check, or safety training. However, it is important to note that this law comes with a set of rules and exceptions to ensure public safety and uphold firearm safety.
Rules and Exceptions
Florida's permitless carry law includes exceptions for certain individuals and locations. For example, individuals convicted of a felony or adjudicated delinquent for a felony while under the age of 24 are not permitted to carry a concealed weapon in Florida. Additionally, permitless carry is not applicable everywhere. For instance, you cannot bring a concealed weapon into a jail, detention centre, prison, police station, sheriff station, or highway patrol station.
Eligibility Criteria
To be eligible for a concealed carry permit in Florida, individuals must meet specific criteria. They must be at least 21 years old, with some exceptions for military personnel and veterans. They must also be a legal resident of the U.S. and not suffer from any physical infirmity that prevents the safe use of a weapon. A valid form of identification is also required.
While Florida has transitioned to a permitless carry state, the state still maintains its system for issuing concealed carry permits. These permits are valid for seven years and can be renewed by submitting a renewal form. The personal identifying information of individuals who have applied for or received a concealed carry permit is kept confidential and exempt from state public records provisions.
Places Where Concealed Carry is Restricted
While concealed carry is allowed in many places in Florida, there are some restrictions. For example, openly carrying a gun in Florida is illegal and can result in a second-degree misdemeanour charge. Additionally, some businesses, such as Trader Joe's, have "no firearms" policies and do not allow weapons of any kind in their stores.
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Non-resident concealed carry
Florida's "'constitutional carry'" or "permitless carry" law allows residents and non-residents to carry a concealed firearm in public without a permit, licensing, or training. However, non-residents must be 21 or older and not prevented by Florida law from possessing firearms. The age requirement does not apply to servicemembers or veterans.
Non-residents must still adhere to the eligibility criteria for obtaining a Florida concealed carry permit. This includes being a U.S. resident and citizen or a permanent resident alien of the United States. Additionally, they must have a valid form of identification and not suffer from any physical infirmity that prevents the safe use of a weapon. Anyone convicted of a felony or ruled delinquent for committing a felony under the age of 24 is barred from carrying a concealed firearm.
Florida's concealed carry law also specifies a list of places where open and concealed weapons are restricted. These include any place of nuisance as defined in s. 823.05, which includes places that endanger the health of the community, are "manifestly injurious to the morals or manners" of the community, or "annoy the community," such as prostitution dens, illegal gambling halls, specified massage parlours, and areas of criminal gang activity. Weapons are also restricted at any meeting of the governing body of a county, public school district, municipality, or special district.
It is important to note that Florida concealed firearms licenses are valid for seven years from the date of issue, and renewal forms must be mailed to the licensee at least 90 days before expiration. The personal identifying information of individuals who have applied for or received a license to carry a concealed firearm is confidential and exempt from state public records provisions.
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Concealed carry locations
In 2023, Florida became a "'permitless carry' state, meaning that residents and non-residents can carry a concealed firearm in public without a permit, provided they meet the eligibility criteria for obtaining a Florida concealed carry permit. However, there are still places in Florida where carrying a firearm is prohibited.
Locations where carrying a firearm is prohibited in Florida:
- Any place of nuisance as defined in s. 823.05 (an open term that includes places that endanger the health of the community, become "manifestly injurious to the morals or manners" of the community, or "annoy the community", such as prostitution dens, illegal gambling halls, specified massage parlors, and anywhere criminal gang activity occurs).
- Any meeting of the governing body of a county, public school district, municipality, or special district.
- Jails, detention centers, or prisons.
- Police, sheriff, or highway patrol stations.
- Schools, including private schools.
- Businesses with "no firearms" policies.
Locations where carrying a concealed firearm is permitted in Florida:
- Florida malls.
- Walmart (but not openly carried).
- Theaters.
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Frequently asked questions
“Concealed carry” means you can publicly carry a legally owned firearm that is hidden from view.
"Permitless carry" or "constitutional carry" allows individuals to carry a firearm without a permit, licensing or training.
Yes, since July 1, 2023, Florida has been a "constitutional carry" state, allowing residents to carry concealed firearms without a permit, background check, or safety training. However, there are exceptions for certain individuals and locations to ensure public safety.
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