Florida law lets an adult carry a concealed weapon or concealed firearm without a license. Under Florida Statute 790.01(1)(b), a person who is not licensed may still carry concealed if he or she otherwise satisfies the criteria for getting and keeping a license under Florida Statute 790.06(2)(a) through (f) and (i) through (n), (3), and (10). This has been the law since July 1, 2023.
The criteria that carry over are the disqualifiers: age 21 or older, no felony conviction, no recent drug offense, no adjudication of incapacity, no involuntary commitment. The two criteria that do not carry over are Florida Statute 790.06(2)(g), stating a desire to carry, and 790.06(2)(h), the training and competence requirement. Keep reading for what still applies, where you still cannot carry, and what a violation costs.
Deconstructing Florida's New Concealed Carry Law
Governor Ron DeSantis signed CS/HB 543 on April 3, 2023. It became chapter 2023-18, Laws of Florida, and took effect July 1, 2023. While this law allows individuals more leeway in carrying their firearms, gun owners must take the time to read about the new laws to ensure they remain compliant with both state and federal laws.
Clarifying Concealed Carry Law Misconceptions
This part of the page has changed since 2023. Chapter 2023-18 did not authorize open carry, and Florida Statute 790.053 still prints a ban on openly carrying a firearm. But in McDaniels v. State, decided September 10, 2025, Florida's First District Court of Appeal held that ban unconstitutional, and the Attorney General declined to appeal. Open carry by a law-abiding adult is not being enforced against in Florida today, even though the statutory text remains on the books. The location limits in Florida Statute 790.06(12) still apply.
Permitless carry is not limited to emergencies or to outdoor recreation. Florida Statute 790.01(1)(b) applies generally to anyone who meets the license criteria, whether they are driving to work or hiking. Some older summaries describe an evacuation-only rule; that is a different and narrower provision.
That narrower provision is Florida Statute 790.01(5)(a), and it exists for people who do not meet the criteria in subsection (1). It says a person does not violate the section by carrying a lawfully possessed concealed weapon or firearm while in the act of evacuating under a mandatory evacuation order issued during a state of emergency. The statute defines "in the act of evacuating" as immediate and urgent movement away from the evacuation zone within 48 hours after the order, which the Governor can extend.
Florida Statute 790.01(1)(b) also covers only a concealed weapon or concealed firearm as Florida Statute 790.06(1)(a) defines that term: a handgun, electric weapon or device, tear gas gun, knife or billie. It does not cover machine guns, and it is not a rule about carrying rifles or shotguns.
Regulations For Carrying A Concealed Weapon Despite The Change
This reform doesn't relieve anyone from defying federal laws and regulations on gun ownership. The firearm laws that have remained the same include the following:
- You must meet the license criteria. Florida Statute 790.06(2)(a) covers a United States citizen or a permanent resident alien residing in the United States, so citizenship is not required. You must be 21 or older under 790.06(2)(b), and not disqualified by a felony conviction, a chapter 893 drug offense in the past 3 years, an adjudication of incapacity, or an involuntary commitment.
- Do not use a firearm while impaired. Florida Statute 790.151 makes it a second-degree misdemeanor to use a firearm while under the influence of alcohol, a chemical substance or a controlled substance to the extent that normal faculties are impaired. "Use" there means discharging it or having it loaded and in your hand.
- The location bans did not change. Florida Statute 790.06(12)(a) bars carrying a concealed weapon into an elementary or secondary school facility, a college or university facility, a career center, a courthouse or courtroom, a polling place, a police or sheriff station, a detention facility, a meeting of the Legislature or of a county, municipal or school board governing body, the passenger terminal and sterile area of an airport, and the portion of an establishment licensed to dispense alcohol for on-premises consumption that is primarily devoted to that purpose. A knowing and willful violation is a second-degree misdemeanor under 790.06(12)(d). School property is covered separately and applies to everyone: under Florida Statute 790.115(2)(c)1. possessing a firearm there is a third-degree felony, reduced to a second-degree misdemeanor by Florida Statute 790.115(2)(e) for a person authorized to carry under Florida Statute 790.01(1). Treat the whole list as off limits whether or not you hold a license.
- Must Not Use Deadly Force Unnecessarily: The use of deadly force in self-defense is only permitted under specific circumstances.
Details On Florida's Concealed Carry Permit Process
A license is no longer required to carry concealed in Florida, but plenty of people still get one. A Florida license is valid for 7 years under Florida Statute 790.06(1)(c), it is recognized by many other states through reciprocity while Florida Statute 790.01(1)(b) is not, and Florida Statute 790.0655(2)(a) exempts a license holder from the 3-day waiting period between purchasing and taking delivery of a firearm. The Florida Department of Agriculture and Consumer Services still issues it:
- Complete an application either online or by mail.
- Applicants must submit their fingerprints for a background check.
- An application fee covers the cost of processing, fingerprinting, and issuing the license.
- After documentation is submitted, there is usually a waiting period during which the Florida Department of Agriculture and Consumer Services processes the application.
What Changed In Practice
The practical change is that the license, and with it the training requirement, became optional rather than mandatory. Florida Statute 790.01(1)(b) incorporates Florida Statute 790.06(2)(a) through (f) and (i) through (n) but not 790.06(2)(h), the paragraph requiring proof of competence with a firearm through a hunter safety course, an approved firearms course, military service or prior licensure. Someone carrying under 790.01(1)(b) has demonstrated nothing to anyone.
The Eligibility Rules Did Not Change
Every disqualifier that kept someone from getting a license still keeps them from carrying without one. A person convicted of a felony is still barred from possessing a firearm under Florida Statute 790.23. A person adjudicated incapacitated or involuntarily committed is still disqualified under Florida Statute 790.06(2)(i) and (j). Permitless carry widened who may carry without a license; it did not widen who may carry at all.
Who Bears The Burden In Court
Florida Statute 790.01(4) puts the burden on the state. In a prosecution under 790.01(2) or (3), the state must prove as an element of the offense both that the person is not licensed under 790.06 and that the person is ineligible to receive and maintain a license under the listed criteria. That is a meaningful change from the old law, where a license operated as an affirmative defense the defendant had to raise.
Perspectives On The New Gun Law
The law has sparked fierce debate among various groups and highlights the polarizing nature of gun rights legislation in America.
Advocates For Constitutional Rights And Self-defense
Advocates for constitutional rights and self-defense strongly support Florida's new concealed carry laws. They argue that these laws uphold the Second Amendment right to bear arms and allow individuals to protect themselves in potentially dangerous situations.
These supporters believe that law-abiding citizens should be able to carry firearms without unnecessary restrictions or permits because they trust responsible gun owners to use their weapons responsibly.
They emphasize the importance of self-defense as a fundamental right and argue that it should not require government authorization or oversight. Advocates also argue that concealed firearm carry can deter crime and contribute to a safer society.
Opposition And Concerns From Gun Control Advocates
On the other hand, gun control advocates argue that eliminating safety training and permit requirements may increase the risk of accidental shootings, firearms falling into the wrong hands, and an overall threat to public safety.
They fear an escalation of violence in already volatile situations if people can carry concealed firearms without any training requirement or agency review before they do it.
Critics fault the lack of training and question whether individuals have the necessary knowledge and skills to handle firearms responsibly.
Penalties For Illegally Carrying Without A Permit
While the law changes the requirements for obtaining a concealed carry permit and allows individuals to carry a concealed weapon without a permit in certain situations, it does not mean carrying a concealed weapon is without consequences.
The penalty depends on what you were carrying and whether you qualified. Under Florida Statute 790.01(3), a person who does not meet the criteria in 790.01(1) and carries a concealed firearm commits a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Under Florida Statute 790.01(2), the same person carrying a concealed weapon or electric weapon that is not a firearm commits a first-degree misdemeanor, up to 1 year in jail and a $1,000 fine. Someone who does meet the 790.01(1) criteria commits neither offense. A felony conviction, in turn, bars firearm possession under Florida Statute 790.23.
Using a firearm while impaired is a separate and lesser charge. Florida Statute 790.151(4) makes it a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. The statute reaches use, not mere possession: Florida Statute 790.151(1) and (2) define using a firearm as discharging it or having it loaded and in your hand, and 790.151(5) exempts lawful self-defense and defense of property.
The penalties for violating Florida's gun laws can be severe and have long-lasting consequences that extend far beyond the immediate legal consequences. A conviction for a gun-related offense can result in losing employment opportunities, difficulty obtaining housing, and damage to personal relationships.
Contact An Experienced Criminal Defense Attorney Today
If you are charged with carrying a concealed firearm or any other gun offense in Florida, the state has to prove you were ineligible under Florida Statute 790.01(4), and that is where these cases are often won or lost. Weinstein Legal Team defends firearm charges in courts throughout Florida.
Call us today at (954) 845-0505 to schedule a free consultation and learn more about how we can help you protect your rights and defend against the charges you’re facing.
