Florida gun laws cover a range of topics, including purchasing restrictions, concealed carry, and criminal offenses that involve firearms. Any person who owns or uses a gun in the State of Florida should be aware of these laws. Our Tampa criminal attorneys explain Florida gun laws.
Florida Concealed Carry Laws
Florida concealed carry laws are found in Florida Statutes Chapter 790. Under Florida law 790.06, you must do the following to get a Florida concealed carry permit:
- Submit a completed application to the Florida Department of Agriculture and Consumer Services
- Sign an oath that the application is truthful and complete
- Provide color photographs of the person seeking the permit
- Be at least 21 years old
- May not have physical infirmities that impact the ability to use a weapon
- May not have been adjudicated of incapacity
- No felony convictions ever; no substance-related convictions in the past three years
- Free of alcohol abuse
- There is no active domestic violence personal protection order for the applicant
- Eligible to possess a firearm under federal law
In addition to these requirements, the applicant must show proof of completion of an approved gun safety course. There are courses specifically for that purpose, but there are other types of courses that may fulfill the requirement like training for law enforcement. A person may receive a concealed carry permit only if the purpose of the application is lawful self-defense. The Florida Department of Agriculture and Consumer Services processes concealed carry permit applications. Each permit is valid for seven years.
Florida Concealed Carry Permit
The Florida concealed carry permit is available through the Florida Department of Agriculture and Consumer Services. The State of Florida allows reciprocity licensing with any state that gives reciprocity for a Florida concealed carry license. However, in all cases, the licensee must be at least 21 years old. The State of Florida must issue a concealed carry permit to anyone who meets the qualification requirements.
Do You Need a Concealed Carry Permit in Florida?
Yes, you need a concealed carry permit in Florida. Every person must have a concealed carry permit to have a concealed weapon. The only exceptions are for members of law enforcement and other officials who may qualify to have a weapon. Unless a statutory exception applies, Florida law requires all persons to have a concealed carry permit to possess a concealed weapon lawfully.
Florida Concealed Carry Reciprocity
Yes, Florida concealed carry reciprocity is available. For an out-of-state concealed carry license to be recognized in Florida, the state the license is from must, in turn, give reciprocity to Florida concealed carry permits. Even if the license is from a state with reciprocity, the person must be 21 years old for the reciprocity to be valid.
Florida law 790.15 is the law that provides for Florida concealed carry reciprocity. The Florida rules concerning when and how concealed carry may occur apply to everyone equally whether they have a license from Florida or they have Florida concealed carry reciprocity. The person carrying must have their license in their possession at all times while they are carrying.
Florida Gun Purchase Waiting Period
The Florida gun purchase waiting period is three days. Florida law 790.065 says that a person must wait three days before taking delivery of a purchased firearm. During that time, the seller must conduct a background check. Law enforcement may inspect the application. After the three-day waiting period and completion of the background check, the person buying the weapon may assume possession of it.
Requirements to Buy a Gun in Florida
The requirements to buy a gun in Florida include:
- Personal information including name and address
- Presentation of identification
- Hasn’t been determined mentally ill
- May not have ever been committed for substance abuse
- No felony offenses or misdemeanor domestic violence convictions
- Can’t have a domestic violence deferral in the past three years
- No convictions relating to stalking, resisting the police, explosives or treason
- Payment of the fee for a criminal history background check
When a person meets the requirements, they receive a unique approval number. Names and information about gun ownership are not public information in the State of Florida.
Can You Drink Alcohol While Carrying a Concealed Weapon in Florida?
No, you cannot drink alcohol while carrying a concealed weapon in Florida. Florida law 790.151 prohibits carrying a firearm while under the influence of an alcoholic beverage. The law makes it illegal to use a firearm while under the influence of alcohol or a controlled substance to the point that it impairs normal faculties. Under Florida law 790.151, the definition of “use” for the purpose of the law is having the weapon available for immediate discharge.
Florida Penalties for Concealed Carry Without a Permit
In Florida, it is a third-degree felony to concealed carry without a permit. Penalties can include prison time, fines, and other penalties. It’s a first-degree misdemeanor to carry another type of concealed weapon without a permit. Florida law 790.01 makes it a felony to concealed carry without a permit.
Florida Gun Involved in a Felony Offense – Florida Law 790.07
It is a second-degree felony to use a gun while committing a felony offense. Florida law 790.07 prohibits the use of a firearm during the commission of a felony. The person who violates this rule may receive the charge for the original offense as well as a separate charge for the use of the gun during the crime.
Does Florida Have Open Carry?
Open carry is not legal in the state of Florida, but there are exceptions that allow you to open carry while participating in outdoor activities such as lawful hunting, camping, target practice at a designated range, and fishing. It’s a misdemeanor in the second degree to unlawfully open carry a gun.
There are other exceptions for carrying a weapon that can be found in Florida law 790.25 that highlight the lawful ownership, possession, and use of a firearm or other weapons.
Concealed carry, however, is legal for residents of Florida as long as they have a concealed weapons license. For non-residents of Florida, they are legally allowed to concealed carry with a CCW permit from any state Florida honors. In addition to handguns, the Florida CWL allows for the concealed carry of other weapons such as a knife or electronic weapons.
Florida law 790.053 states: “A person may openly carry, for purposes of lawful self-defense: A self-defense chemical spray.”
Regarding pepper spray laws for Florida, the canister size can be no larger than 2oz., the person carrying pepper spray must not have any convicted felonies, the pepper spray cannot be used against a police officer and can only be used in self defense situations, and carrying pepper spray does not require a concealed weapon license.
Contact Our Attorneys for Injuries From Criminal Attacks
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 FLA. STAT. § 790.06 (2019)
 FLA. STAT. § 790.15 (2019)
 FLA. STAT. § 790.065 (2019)
 FLA. STAT. § 790.151 (2019)
 FLA. STAT. § 790.07 (2019)
The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
How much does it cost to restore gun rights in Florida? ›
If after reviewing the eligibility for the restoration of your firearms rights, we determine that your record determines that you qualify, we only charge an additional $995 to prepare and file the application for the restoration of your gun rights.What disqualifies you from getting a concealed carry permit in Florida? ›
A conviction for a misdemeanor crime of violence in the last three years. A conviction for violation of controlled substance laws or multiple arrests for such offenses. A record of drug or alcohol abuse. Two or more DUI convictions within the previous three years.What misdemeanors prohibit gun ownership in Florida? ›
If you have been convicted or found guilty of a misdemeanor crime of violence, you are not eligible for a Concealed Weapon or Firearm License unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.Can I carry a gun without a concealed weapons permit in Florida? ›
Although in Florida people do not need a permit to buy or own a gun, they do need a concealed weapon permit to carry a concealed weapon.How far back does a Florida gun background check go? ›
Florida state law does not limit how far back a background check can go in the state.Can a felon live in a house with a gun in Florida? ›
Yes, it is possible for you to live with a felon and a firearm in the same house. However, the convicted felon cannot possess the firearm. In Florida, there are two types of possession: actual and constructive. Actual possession is when someone has exclusive control or custody over the firearm.Is a holstered gun considered concealed in Florida? ›
A concealed firearm is “any firearm … which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” This lisence/permit allows you to carry the weapon on you in away that is hidden from the public (i.e under your shirt, in your jacket, ankle holsters, etc.)Can you have a medical card and own a gun in Florida? ›
In the interview, Commissioner Fried stated that under Florida law a person with a Medical Marijuana card could apply for and receive a Concealed Weapon or Firearm License (CWFL). Further, she said that those who already have an MMC should not lose their CWFL.Can you have a CCW and a medical card in Florida? ›
Medical Marijuana and a Concealed Weapon License
Before we delve much deeper, we want to assure you that in Florida, it is legal to have a CWL and medical marijuana card at the same time. One does not preclude the other, contrary to popular belief.
In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1).
How long after expungement can I buy a gun in Florida? ›
How long after expungement can I buy a gun in Florida? If you seal or expunge your case you do not have to wait the three years to get the Florida concealed weapons permit. Remember that any conviction for a felony makes you ineligible to get a concealed weapons permit or even own a firearm.Do misdemeanors carry points in Florida? ›
Prior criminal convictions (both felony and misdemeanor) are included in any defendant's scoresheet and receive an assigned point value based on the level of the offense.Can you carry a gun in a bank in Florida? ›
Can You Carry a Concealed Weapon in a Bank in Florida? There is no Florida statute prohibiting Florida CWL holders from carrying in a bank.What is Florida's new gun law? ›
House Speaker Paul Renner unveiled a bill last week that would allow people to carry a concealed weapon without a permit. People who carry concealed weapons in Florida must complete a gun safety course, but that could change under a bill that has the backing of the state's Republican leaders.What is the stand your ground law in Florida? ›
Florida's “Stand-Your-Ground” law was passed in 2005. The law allows those who feel a reasonable threat of death or bodily injury to “meet force with force” rather than retreat. Similar “Castle Doctrine” laws assert that a person does not need to retreat if their home is attacked.Does Florida have the 7 year rule background check? ›
Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA's “7-year rule,” for example, certain criminal records must be removed from an applicant's history after seven years.How far back does a FBI background check go in Florida? ›
In general, background checks cover seven years of criminal and court records, but some may go back further. Federal and state employment laws may also limit how far back employers can search.What is a Level 2 background check in Florida? ›
Level 2: a state and national fingerprint-based check and consideration of disqualifying offenses and applies to those employees designated by law as holding positions of responsibility or trust.Can a felon go to a shooting range in Florida? ›
Shooting ranges have the right to review a customer's criminal background before granting them entry. In Florida, people with a felony conviction are not allowed to possess, operate, or own a gun.How many years can a felon get for having a gun in Florida? ›
Further, the penalty for felons possessing or carrying firearms is severe. Even if that's the only charge you're facing, felon in possession of a firearm is a second-degree felony in Florida. That means up to 15 years in prison, with a minimum mandatory term of 3 years.
What felons can't do in Florida? ›
Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.How many rounds can you carry in Florida? ›
Florida has no laws regulating large capacity ammunition magazines.Where you Cannot conceal carry in Florida? ›
- Any place of nuisance as defined in Section 823.05, F.S.
- Any police, sheriff or highway patrol station.
- Any detention facility, prison or jail.
- Any courthouse.
- Any courtroom*
- Any polling place.
- Any meeting of the governing body of a county, public school district, municipality or special district.
You are allowed to openly carry a weapon on your own property (see Florida Statute 790.25 (n)); however, if you have a guest on your property, they are not legally able to openly carry that weapon, even if you give them permission.Does having a medical card show up on a background check Florida? ›
Medical marijuana cards can only be obtained through a doctor, meaning HIPAA law prevents this information from being disclosed. Because medical marijuana cards are technically part of a candidate's health records, this information cannot be shared.Can you buy ammo if you have a medical card in Florida? ›
Finally, although Federal law never makes it illegal to purchase a firearm if you possess a Medical Marijuana card, it does state that a person cannot sell a firearm or ammunition to a person if they have reasonable cause to believe they are an unlawful user of a controlled substance.How much can you buy from a dispensary at a time Florida? ›
How Much Flower Can I Purchase in Florida? The answer to this question depends partially on the state laws and partially on your own doctor. The state of Florida has set a limit that says patients may not purchase more than 2.5 ounces of smokable marijuana within a given 35-day stretch of time.How much can you carry with a medical card in Florida? ›
PATIENT POSSESSION LIMITS
A 35-day supply limit for marijuana in a form for smoking shall not exceed 2.5 ounces. …
In Florida, a patient can expect to pay about $75 for their medical marijuana card which will be issued from the Florida Department of Health. There is a renewal fee for the card too. This is $75 and it covers the card for a full year.How does a convicted felon get his rights back in Florida? ›
Types of Clemency
Full Pardon – A Full Pardon unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction, including the right to own, possess, or use firearms.
Can a felon hunt in Florida? ›
The answer in short is that a convicted felon who has had his or her civil rights restored by the Florida Board of Executive Clemencyor who uses a firearm that qualifies as an “antique firearm” under Florida Statute 790.001 can legally hunt.How long does it take to get your rights restored in Florida? ›
→ Individuals who have previously had their civil rights restored under Florida law and are convicted of another felony offense must wait at least 7 years after completing all non-financial terms of the sentence for their subsequent conviction before they are eligible for civil rights restoration in Florida again.Can I get a gun permit with a sealed record in Florida? ›
If you seal or expunge your case you do not have to wait the three years to get the Florida concealed weapons permit. Remember that any conviction for a felony makes you ineligible to get a concealed weapons permit or even own a firearm.Can police see expunged records in Florida? ›
Once a record has been expunged under Section 943.0585, F.S. it is no longer available to be disseminated to anyone, under any circumstances, absent a court order so authorizing.How long does a misdemeanor stay on your record in the state of Florida? ›
Even though there are some issues with your credit report that might go away after seven years, this is not the case with a criminal record. If you have been convicted of a misdemeanor in the State of Florida, it is going to stay on your record forever unless you are able to have the conviction overturned.What is a first time offender in Florida? ›
In Florida, a first-time offender is a person that is facing a criminal conviction for the first time. Depending on the severity of the crime, first-time offenders may receive the court's mercy. Court leniency is less likely to be available for violent crimes and offenses that involve the use of weapons.Can you get rid of a misdemeanor in Florida? ›
The Florida Department of Law Enforcement (FDLE) has set guidelines by which this is determined. If you have ever been adjudicated guilty of any crime, felony or misdemeanor, you will not be able to qualify to have a criminal history record sealed or expunged.How I can I legally carry a gun anywhere I want in Florida? ›
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. Concealed carry is legal for residents with a Florida CWL and for non-residents with a CCW permit from a state that Florida honors.Can you open carry a pistol in your car in Florida? ›
Stat. Section 790.25(5). "Open carry" means someone can see your gun, but it must still be securely encased inside your vehicle. Thus, carrying a firearm inside your vehicle is not so much about whether the gun can be seen, but rather whether it is securely encased.Can I take my gun on vacation to Florida? ›
Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen does not have a concealed weapon license.
How many guns can you own legally in Florida? ›
Florida imposes no restrictions on sales or purchases of multiple firearms.Can I carry my gun in Florida without a license? ›
Although in Florida citizens are allowed to possess a gun, only authorized people can carry a concealed weapon. In other words, if you do not have a license or fall into one of the lawful uses established by the Florida Statute § 790.25(3), you cannot carry a gun out in the open or a concealed weapon.Can I own a gun without a Licence in Florida? ›
Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement. There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms.Can police come on your property without permission Florida? ›
A warrant may give police officers permission to enter a property. If the police want to enter your property to search for something such as drugs, they generally need a warrant to do so. That is, unless police have some other reason to believe that a crime is being committed.Can you detain a trespasser in Florida? ›
(By law, any property owner who believes the culprit poses a threat and has committed a trespassing crime, may take the culprit into custody and detain the individual until law enforcement officers arrive.)Does Florida have Make my day law? ›
As long you're not engaged in an unlawful activity yourself, in Florida you have no "duty to retreat" (hence "stand your ground") and can "meet force with force" when trouble arises, as long as you're not the aggressor.Can you get your gun rights back if you have a felony in Florida? ›
Full Pardon – A Full Pardon unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction, including the right to own, possess, or use firearms.How do I restore my rights after a felony in Florida? ›
Those wishing to restore their rights must submit a Restoration of Civil Rights Application accompanied by certified court documents for each felony conviction. Every application that meets the requirements may be referred to the Florida Parole Commission for an investigation, report and recommendation.Can I own a gun with an expunged felony in Florida? ›
In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1).What is a Level 2 clemency in Florida? ›
Level-2 status was. given to offenders who had committed severe offenses.' Level-3 offenders were required to. petition for a hearing before the Clemency Board to have their civil rights restored.¹ Level-3. offenders were persons who had been convicted of certain serious offenses, such as murder or a.
What felons Cannot do in Florida? ›
Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.What is the 7 year rule in Florida? ›
According to the FCRA's “7-year rule,” for example, certain criminal records must be removed from an applicant's history after seven years. These records include civil lawsuits, judgments against an applicant, arrest records, and paid tax liens. The FCRA also imposes a few additional restrictions on Florida employers.Does your criminal record clear after 7 years in Florida? ›
If you have a criminal record it does not go away automatically after 7 (seven) years whether you were convicted or not. If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes.What qualifies for clemency in Florida? ›
Who qualifies for clemency? An offender must have completed their sentence including the terms of supervision, must not have any pending criminal charges or outstanding detainers/warrants, have paid all victim restitution, and must meet the timeframes established by the Board of Executive Clemency.Can I get a firearms Licence with a criminal record? ›
Can I apply for a licence if I have a criminal record? Section 21 of the Firearms Act 1968 prohibits a person from possession of any type of firearm if you have been given a custodial sentence when convicted of a criminal offence.How long does it take to get clemency in Florida? ›
This is not a quick process, and you should expect that your clemency will take six months to a year to be completed. You will find that the season and whether or not you have a lawyer will impact the speed with which your clemency case is resolved.What is Rule 5d of Executive clemency of Florida? ›
SPECIFIC AUTHORITY TO OWN, POSSESS, OR USE FIREARMS (Rule 5. D.): This type of investigation requires that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 8 years.How much is it to expunge your record in Florida? ›
Once your record is expunged in Florida, you will be able to apply to a wide range of state and local government jobs such as teaching or law enforcement. As with any court filing there is a small fee. In Florida the cost for an expungement petition is $75.