Eleanor Finch
On July 1, 2023, a new Constitutional Carry law went into effect in Florida, allowing authorized residents to carry concealed firearms or other weapons without a concealed weapons license. This law, also known as HB 543, was signed by Governor Ron DeSantis and enables individuals 21 years or older who are not prohibited from possessing a firearm to carry a concealed weapon without a government-issued permit. While this law expands gun rights for Floridians, it does not apply to everyone and certain possession restrictions remain in place.
| Characteristics | Values |
|---|---|
| Date of Implementation | 1 July 2023 |
| Bill Number | HB 543 |
| Signed into law by | Gov. Ron DeSantis |
| Who can carry a concealed weapon? | Florida residents aged 21 or older who are not prohibited from possessing a firearm |
| Requirements | Must carry a valid form of identification |
| Background check | Required |
| Possession restrictions | Yes |
| Reciprocity agreements | With 37 states |
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What You'll Learn
- Constitutional carry in Florida began on July 1, 2023
- It allows authorized Florida residents to carry a concealed firearm without a license
- It does not apply to those under 21, convicted felons, or illegal drug users
- Florida residents must still pass a mandatory background check before obtaining a firearm
- There are still possession restrictions and areas where carrying a firearm is prohibited
Constitutional carry in Florida began on July 1, 2023
Previously, Florida residents were required to obtain a concealed carry license to carry a hidden weapon. However, with the new law in place, authorized individuals over the age of 21 can now conceal a weapon without a government-issued permit. It is important to note that this law does not apply to everyone. For example, individuals under the age of 21, those found guilty of drug crimes, and illegal drug users are excluded. Additionally, carrying firearms in specific locations, such as police stations, detention facilities, schools, and government meetings, remains prohibited.
The constitutional carry law in Florida aligns with similar legislation in other states across the country. As of July 1, Florida joined a group of 26 states that allow constitutional carry, including Alabama, Alaska, Arizona, Arkansas, Georgia, and Idaho. This new law has sparked discussions and varying opinions among Floridians. Some individuals support the law, arguing that it empowers law-abiding citizens and promotes greater gun rights.
On the other hand, there are concerns about the potential consequences of this law. Some worry that it may lead to more Floridians getting injured or facing legal troubles. Additionally, there is a concern that individuals without proper training will now have access to firearms. Despite these concerns, Florida residents who choose to carry a concealed weapon are advised to be responsible and proficient in using their firearms. They are also encouraged to store their weapons safely and follow the law at all times.
While the constitutional carry law removes the permit requirement for carrying concealed weapons, Florida still maintains certain restrictions on gun possession and purchasing. Residents must pass a mandatory background check and a three-day waiting period before obtaining a firearm. Additionally, convicted felons and individuals designated as "delinquent" are prohibited from possessing or acquiring firearms.
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It allows authorized Florida residents to carry a concealed firearm without a license
Florida's new "Constitutional Carry" law, which came into effect on July 1, 2023, allows authorized Florida residents to carry a concealed firearm or other weapons without a license. This means that eligible Florida residents no longer need a concealed weapons license or permit to carry a concealed firearm. The law was signed by Governor Ron DeSantis, who stated that it empowers law-abiding citizens and provides greater gun rights for many residents.
However, it is important to note that this law does not apply to everyone. Individuals under the age of 21, those found guilty of drug crimes, and illegal drug users, including medical marijuana cardholders, are excluded from this authorization. Additionally, there are still possession restrictions on who can legally purchase and possess firearms in the state. Florida residents must pass a mandatory background check, and convicted felons and those designated as "delinquent" are prohibited from obtaining or possessing firearms.
The new law also does not impact the background check and three-day waiting period required to purchase a gun in Florida. It is worth noting that Florida residents who wish to carry a concealed firearm in another state must ensure that the state has reciprocity agreements with Florida. As of 2023, Florida has reciprocal agreements with 37 states.
While the "Constitutional Carry" law provides more flexibility for authorized Florida residents to carry concealed firearms, it is crucial for individuals to remain responsible and proficient in using their firearms safely. Proper training, secure storage, and adherence to the law are essential aspects of responsible gun ownership, as highlighted by the Marion County Sheriff's Office and firearms instructors in the state.
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It does not apply to those under 21, convicted felons, or illegal drug users
Florida's new "Constitutional Carry" law came into effect on July 1, 2023, allowing authorized Florida residents to carry a concealed firearm or other weapons without a concealed weapons license. However, this law does not apply to everyone, including those under 21, convicted felons, and illegal drug users.
For those under the age of 21, the law does not apply unless they are a member of the Armed Forces. In Florida, the minimum age to purchase any firearm is 21, and applicants for a Concealed Weapons License (CWL) must also be at least 21 years old.
Convicted felons are prohibited from carrying or possessing a firearm in Florida. This restriction is in line with the state's stance on criminal justice reform, and Governor DeSantis's voting record and past remarks suggest that constitutional carry is unlikely to apply to felons.
Regarding drug users, there is a legal gray area in Florida's new law. While medical marijuana patients are allowed to carry concealed weapons under state law, federal rules prohibit the purchase of firearms by unlawful drug users. This discrepancy has not been fully addressed, and it is unclear whether medical marijuana cardholders will be denied concealed carry permits.
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Florida residents must still pass a mandatory background check before obtaining a firearm
As of July 1, 2023, a new "Constitutional Carry" bill in Florida allows authorized residents to carry a concealed firearm or other weapons without a concealed weapons license. This means that Florida residents no longer need a concealed carry license to carry a hidden firearm or weapon. However, it is important to note that Florida residents must still adhere to mandatory background check procedures before obtaining a firearm.
Florida law generally requires gun dealers to conduct background checks on buyers before the sale or transfer of a firearm. As a "point of contact" state for the National Instant Criminal Background Check System (NICS), Florida firearms dealers must initiate the background check process by contacting the Florida Department of Law Enforcement (FDLE) instead of the FBI. This involves the dealer obtaining a completed form and proper photo identification from the buyer and then requesting a check from the FDLE.
The FDLE is responsible for reviewing records to determine if the buyer is prohibited from purchasing a firearm due to specific criteria. These include convictions for misdemeanor crimes of domestic violence, certain court orders related to mental health, and drug-related crimes. Florida has also enacted an extreme risk protection order law, authorizing law enforcement to prevent dangerous individuals from accessing firearms for up to a year.
Additionally, Florida has closed the "Charleston Loophole." Previously, under federal law, gun dealers could deliver a firearm to a purchaser before the background check was complete if three business days had passed since the initiation of the check. Now, gun dealers in Florida are restricted from delivering a firearm until the expiration of a waiting period, which lasts for three days, excluding weekends and holidays, or upon the completion of the background check, whichever is later. This ensures that dealers do not sell firearms to individuals who have not passed the required background check.
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There are still possession restrictions and areas where carrying a firearm is prohibited
On July 1, 2023, a new "Constitutional Carry" bill went into effect in Florida, allowing authorized residents to carry a concealed firearm or other weapons without a concealed weapons license. However, it's important to note that there are still possession restrictions and areas where carrying a firearm is prohibited.
Firstly, while the new law removes the requirement for a concealed carry license, it does not change the age requirement. Buyers must still be at least 21 years old to purchase and possess a firearm. Additionally, individuals under the age of 21 are not permitted to conceal carry, even with a license, unless they are members of the Armed Forces.
Secondly, there are certain areas where carrying a firearm is prohibited, even with a license. These areas include schools, government meetings, polling places, and any place where liquor is sold. Furthermore, gun owners are not allowed to carry a firearm, even with a license, if they have been found guilty of drug crimes or are illegal drug users, including those with a medical marijuana card.
In addition, open carry is generally not legal in Florida, except for a few limited exceptions. These exceptions include activities such as fishing, camping, lawful hunting, or target practice at an indoor range. However, even in these cases, there may be specific regulations and restrictions that apply.
Lastly, while the new law removes some barriers to firearm possession and carry, Florida still has some regulations in place. For example, there is a mandatory waiting period of three days, excluding weekends and legal holidays, between the purchase and delivery of any handgun. This waiting period applies to purchases from licensed retailers and ensures that individuals acquiring firearms have a cooling-off period.
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Frequently asked questions
Constitutional carry in Florida, or HB 543, began on July 1, 2023.
The law allows authorized Florida residents to carry a concealed firearm or other weapons without a concealed weapons license.
Only Florida residents aged 21 or older who are not prohibited from possessing a firearm are eligible for constitutional carry. Florida residents who have been found guilty of drug crimes or are illegal drug users are not eligible.
