Omar Bennett
On April 3, 2023, Florida became the 26th US state to pass a Constitutional Carry bill, allowing authorized residents to carry a concealed firearm or other weapon without a concealed weapons license. This law went into effect on July 1, 2023, and while it expands gun rights for many Floridians, it doesn't apply to everyone. This raises the question: will there ever be constitutional carry in Florida, and what are the implications for gun owners and the public?
| Characteristics | Values |
|---|---|
| Constitutional carry in Florida | Became a law in April 2023 |
| When did it go into effect? | July 1, 2023 |
| What does it mean? | Florida residents can carry a concealed firearm or other weapons without a concealed weapons license |
| Who does it apply to? | Authorized Florida residents who qualify for a concealed carry permit |
| Who is excluded? | Those under the age of 21, Florida residents with drug-related crimes, and illegal drug users |
| What are the rules? | The firearm must be concealed and cannot be carried in places where a person with a CWL is not authorized to carry it |
| What is the punishment for carrying a firearm in a restricted location? | Second-degree misdemeanor |
| What is recommended? | The ECSO recommends people be educated about gun safety |
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What You'll Learn
Florida's new constitutional carry law
Florida's new "Constitutional Carry" law, signed by Gov. Ron DeSantis in April 2023, came into effect on July 1 of the same year. The law allows authorized Florida residents to carry a concealed firearm or other weapons without a concealed weapons license, which was previously required. This makes Florida the 26th state to pass such a law, with over 50% of U.S. states having enacted similar legislation over the past two decades.
The new law removes the requirement for a training course and permit to carry a concealed firearm. However, it is important to note that the law does not apply to everyone. For example, it excludes individuals under the age of 21 who are not members of the Armed Forces, as well as Florida residents with drug-related convictions or those who are illegal drug users, including those with medical marijuana cards.
While the new law expands gun rights for many Floridians, it is important to remember that there are still restrictions on where firearms can be carried. The law does not permit the open carry of firearms and outlines a list of places where open and concealed weapons are prohibited. These include any place of nuisance, such as prostitution dens, illegal gambling halls, certain massage parlors, and areas of criminal gang activity, as well as any meeting of a governing body at the county, public school district, municipality, or special district level.
Despite the removal of permit requirements, law enforcement officers retain the authority to question individuals who are armed, and firearm owners are still responsible for every action taken with their weapons. The ECSO and gun safety instructors continue to emphasize the importance of education and training in gun safety, even though it is no longer a legal requirement.
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Concealed carry rules
On April 3, 2023, Florida became the 26th US state to pass a "Constitutional Carry" bill, allowing authorized residents to carry a concealed firearm or other weapons without a concealed weapons license. This law came into effect on July 1, 2023.
While this new act provides greater gun rights for Florida residents, it doesn’t apply to everyone. The previous eligibility requirements for a concealed carry permit included being at least 21 years old (unless in the military or a veteran), meeting citizenship and residency requirements, providing proof of competency with firearms, and not having a criminal record. These requirements still apply to those who do not qualify for a concealed carry permit, including those under 21 and people with drug crime convictions.
The new law also does not change the lengthy list of places where carrying a concealed weapon is restricted. These include any place of nuisance (such as prostitution dens and illegal gambling halls), any meeting of a governing body, and schools.
While Florida is now a Constitutional Carry state, it is also a Castle Doctrine state. This means that there is no duty to retreat if you are attacked in any place you have a lawful right to be. Instead, you may stand your ground and meet force with force if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
Although a permit is no longer required to carry a concealed weapon in Florida, it is still recommended that gun owners educate themselves about gun safety and be responsible with their firearms.
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Who is exempt from the law
On April 3, 2023, Florida became the 26th US state to pass a "Constitutional Carry" bill, allowing residents to carry a concealed firearm or other weapons without a concealed weapons license. However, this does not apply to everyone.
Those exempt from the law include:
- Those under the age of 21, unless they are a member of the Armed Forces.
- Florida residents found guilty of drug crimes or who are illegal drug users, including those with a medical marijuana card.
- Non-residents without a CCW permit from a state that Florida has a reciprocity agreement with.
- Buyers purchasing from a licensed vendor, who must be at least 21 years old.
- Buyers who have not completed a firearms training course or are not current or former military personnel.
- Buyers who have a criminal record or other condition that would make them ineligible for licensure.
- Buyers who have not satisfied the necessary citizenship and residency requirements.
In addition, open carry is not legal in Florida, except for a few limited exceptions such as when engaged in fishing, camping, lawful hunting, or target practice at an indoor range.
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The Castle Doctrine
In April 2023, Florida became the 26th US state to pass a Constitutional Carry or permitless carry law, allowing residents to carry a concealed firearm or other weapon without a concealed weapons license. This law came into effect on July 1, 2023.
While this law expands gun rights for many Florida residents, it does not apply to everyone. For example, it does not apply to those under the age of 21 (unless they are in the Armed Forces), or to Florida residents found guilty of drug crimes or who are illegal drug users.
While the Castle Doctrine provides broad protections for the use of force in self-defence, there are some limitations. For example, the force used must be reasonable and proportional to the threat, and it cannot be used as a pretext for vigilantism or to pursue an intruder once the threat has been neutralised.
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Gun safety and training
As of July 1, 2023, Florida became a constitutional carry state, allowing residents to carry a concealed firearm or other weapons without a concealed weapons license. While this new law provides greater gun rights for Florida residents, it is important to remember that gun safety and training are still essential.
Even though a permit is no longer required, responsible gun ownership includes proper training and education. Retired U.S. Navy firearms instructor Robert Vincent emphasizes the importance of training, stating that gun ownership is "all about the training." The ECSO and MCSO also recommend that individuals be educated about gun safety and responsible firearms use.
Florida previously had minimum eligibility requirements for obtaining a concealed carry permit, which included completing a firearms training class or providing proof of competency with a firearm. While these requirements are no longer mandatory, individuals are still encouraged to seek training to ensure they can safely and responsibly handle their firearms.
Proper gun safety training covers various topics, such as firearm proficiency, secure storage to prevent unauthorized access, and compliance with state gun laws. Understanding the legal implications of firearms use and the rules regarding carrying and using weapons in public spaces is crucial.
Additionally, some states have specific requirements for constitutional carry. For example, in Tennessee, an individual cannot carry a firearm without a permit if they have a history of DUIs in the last five or ten years. Therefore, staying informed about state-specific regulations is essential for lawful and safe gun ownership.
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Frequently asked questions
Constitutional carry grants the right to carry a gun without needing a permit. However, it doesn’t exempt one from the responsibility of firearms ownership.
Yes, in April 2023, Florida became the 26th constitutional carry state in the U.S.
Prior to the new law, the minimum eligibility requirements for Floridians applying for a concealed carry permit included being at least 21 years of age, meeting citizenship and residency requirements, providing a certificate of completion from a firearms training class, and not having a disqualifying criminal record.
The firearm must be concealed and cannot be openly carried. It is also restricted in places of nuisance, such as prostitution dens and illegal gambling halls, and any meeting of the governing body of a county, public school district, municipality, or special district.
Training is not required, but it is recommended. The ECSO and Florida Gun Class provide firearms training and education about gun safety.
