Is Florida a free gun carry state?

Florida is often considered a free or open carry state when it comes to guns, but the actual laws are more nuanced. In quick summary:

  • Florida is an open carry state for rifles, shotguns, and handguns while engaged in hunting, fishing, or camping activities.
  • Florida is not an open carry state for handguns in public places outside of the exceptions above.
  • Florida does allow concealed carry of handguns and other weapons with a valid concealed carry permit.

Open Carry Laws in Florida

Florida Statute 790.25 states that it is lawful for a person over 18 years old to openly carry a handgun, rifle, or shotgun while engaged in hunting, fishing, camping, or lawful shooting activities. This allows open carry while actively participating in these activities, while on the way to and from these activities, and while at range or shooting facility. Open carry is not allowed, however, while simply in possession of a valid hunting, fishing, or shooting license. The person must be actively participating in the activity itself.

It is also legal to open carry at your home, place of business, or in other locations you own or rent. Open carry is allowed while moving firearms between vehicles and places of residence or business as well.

Outside of the exceptions above, Florida is not an open carry state for handguns. Openly carrying a handgun outside of a vehicle, even while stationary in public, is generally prohibited. There are some exceptions, such as specific circumstances for military members, but in general the open carry of handguns outside of approved activities is not allowed.

Concealed Carry Laws in Florida

While open carry of handguns is restricted, Florida does allow concealed carry of handguns and other weapons with a valid Florida concealed carry license. This license allows you to carry a concealed weapon or firearm on your person or in close proximity, such as in a purse or bag. To obtain a Florida concealed carry license, you must:

  • Be at least 21 years old
  • Be a resident of the United States
  • Be of good moral character with no felony convictions or other disqualifying factors
  • Complete required training and safety courses
  • Submit fingerprints, passport photo, and application form
  • Pay required fees

With a concealed carry license, you can legally carry a concealed weapon anywhere it is not specifically prohibited, such as in government buildings, schools, airports, sports arenas, and bars. Private property owners and business may prohibit concealed weapons on their premises as well.

Types of Weapons Allowed with Concealed Carry

A Florida concealed carry license allows you to carry the following types of weapons:

  • Handguns
  • Electronic weapons or devices such as stun guns and tasers
  • Billy clubs
  • Tear gas guns
  • Knives or similar weapons

Firearms allowed for concealed carry include:

  • Handguns
  • Revolvers
  • Pistols
  • Shotguns
  • Rifles

Weapons not allowed for concealed carry, even with a license, include:

  • Machine guns
  • Zip guns
  • Firearms silencers
  • Armor-piercing ammunition
  • Plastic firearms or other non-detectable firearms
  • Short-barreled rifles or shotguns

Any firearm carried concealed must be in a holster or sheath intended for that purpose. It cannot simply be tucked into a waistband or pocket. The weapon should be securely encased for carry.

Additional Rules for Concealed Carry in Florida

In addition to legal requirements for obtaining a concealed carry license in Florida, there are other rules that apply when carrying a concealed weapon:

  • The license holder must carry valid identification anytime they are in possession of a concealed weapon.
  • A license only applies to the concealed carry of weapons by the license holder. You cannot legally conceal carry a weapon for another person who is unlicensed.
  • A concealed carry license does not grant any additional privileges or exemptions for the use of weapons. All other applicable state laws and regulations still apply.
  • A concealed weapon may not be carried into any establishment where firearms are prohibited, even with a valid license.

Because Florida has statewide preemption of firearms regulation, individual cities and counties cannot impose additional restrictions or requirements beyond state law for concealed carry permits.

Reciprocity with Other States

Florida has reciprocity agreements for concealed carry licenses with several other states. This means that a valid Florida concealed carry license will be honored in these other states:

States Honoring Florida Concealed Carry License
Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Montana
Nebraska
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

This means that as a Florida concealed carry license holder, you can legally carry a concealed weapon in any of the states listed above, subject to that state’s concealed carry laws. However, your Florida concealed carry license may not be valid in states without reciprocity agreements. And when carrying concealed out-of-state, you must still comply with any prohibitions or restrictions of that state.

How to Apply for a Concealed Carry License in Florida

To obtain a concealed carry license in Florida, you must submit an application through the Florida Department of Agriculture and Consumer Services Division of Licensing. Here are the steps:

  1. Complete a firearms training course at a licensed training facility.
  2. Submit fingerprints digitally or through hard card submission.
  3. Provide proof of training course completion.
  4. Complete the Florida concealed carry license application.
  5. Pay the application fee (currently $55).
  6. Submit your application through one of the approved procedures.
  7. Wait for your application to be processed – you will be contacted if any problems arise.
  8. If approved, your license will be mailed to you within 90 days.

When applying, you will need to provide identifying information such as your name, address, date of birth, social security number, and contact details. You will also need to answer questions regarding criminal history, mental competency, and other background information as required by law.

The whole process normally takes between 45-90 days on average. Once issued, a Florida concealed carry license is valid for 7 years before renewal is required.

Reasons a Concealed Carry License May Be Denied

There are certain conditions that may lead to denial of a concealed carry license application in Florida. Reasons a license can be denied include:

  • Being under 21 years of age
  • Not being a Florida resident for at least 6 months
  • Failure to complete required training or submit documents
  • Having a felony conviction
  • Being deemed a threat to public safety
  • Having a history of violence, substance abuse, or mental health issues
  • Providing false information on your application
  • Having an outstanding arrest warrant
  • Having a domestic violence injunction or restraining order
  • Dishonorable discharge from the armed forces

Some denial reasons may be appealed through a hearing process, while others prohibit licensure entirely unless expunged or reduced (as with certain felony convictions).

Places Off Limits for Concealed Carry in Florida

Even with a valid Florida concealed carry license, there are many locations where concealed weapons are prohibited. Examples include:

  • Police stations, sheriff offices
  • Government administration buildings
  • Courthouses and courtrooms
  • Legislative meetings
  • Prisons, jails, detention facilities
  • Polling places on election day
  • Schools, colleges, universities
  • Child care facilities
  • Airports, cruise ship ports
  • Mental health treatment facilities
  • Sports arenas, stadiums
  • Bars, nightclubs
  • Secure airport areas
  • Military bases and installations

Plus any private property whose owner displays a sign prohibiting concealed firearms. Be sure to understand and follow all restricted locations, even with a concealed carry license.

Penalties for Violating Florida Concealed Carry Laws

There are legal penalties for violating Florida’s concealed carry permit laws. Possible penalties include:

  • Carrying concealed illegally – Second degree misdemeanor. Up to 60 days in jail and up to $500 fine.
  • Carrying concealed into a restricted area – Third degree felony. Up to 5 years in prison and up to $5000 fine.
  • Unlicensed carry during a mandatory evacuation – Second degree misdemeanor. Up to 60 days in jail and up to $500 fine.
  • Providing false information on a CCW application – Third degree felony. Up to 5 years in prison and up to $5000 fine.

If you are charged with a crime, your concealed carry license may also be suspended or revoked. Violations can go on your permanent criminal record and prohibit you from obtaining a concealed carry license in the future.

Conclusion

While Florida has relatively gun-friendly laws regarding open carry while engaged in outdoor activities and licensed concealed carry otherwise, there are still important restrictions to understand. Open display of handguns in public places is still prohibited outside of exceptions. And a Florida concealed carry license does not grant unlimited rights to carry weapons anywhere. Know the rules for legal concealed carry, restricted locations, license requirements, reciprocity, and penalties to exercise your rights responsibly.

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