Florida Gun Laws

Florida authorizes a person to carry a concealed weapon or concealed firearm without a license if the person otherwise satisfies the criteria for receiving and maintaining a CWFL under § 790.06(2)(a)-(f) and (i)-(n), (3), and (10). This includes being 21 or older (or 18+ with qualifying military/veteran status) and not federally or state prohibited. Effective July 1, 2023 under HB 543 / Ch. 2023-18.

"A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she: (a) Is licensed under s. 790.06; or (b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license."

Fla. Stat. § 790.01(1) statute

Chapter 2023-18 (Committee Substitute for House Bill 543) amended § 790.01 to authorize permitless concealed carry, amended § 790.015 to extend the same eligibility framework to nonresidents, and amended § 790.06 to remove the in-possession license-carry requirement for existing licensees. Signed by Governor DeSantis April 3, 2023; effective July 1, 2023.

"amending s. 790.01, F.S.; authorizing a person to carry a concealed weapon or concealed firearm if he or she is licensed to do so or meets specified requirements."

Ch. 2023-18, Laws of Florida (CS/HB 543) statute

A person carrying a concealed weapon or concealed firearm without a license under § 790.01 must carry valid identification at all times in actual possession of the weapon and must display the ID on demand of a law enforcement officer. A violation is a noncriminal $25 civil infraction.

"Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer. A violation of this subsection is a noncriminal violation punishable by a $25 fine."

Fla. Stat. § 790.013 statute

The Concealed Weapon or Firearm License (CWFL) is issued by the Florida Department of Agriculture and Consumer Services (FDACS), valid statewide for 7 years, requires the applicant to be 21 or older (18+ for servicemembers/honorable veterans), to be eligible to possess a firearm under federal and state law, and to demonstrate competence with a firearm through one of several enumerated courses or equivalent experience (no specific minimum number of hours is set by statute). Fees up to $55 initial / $45 renewal.

"Licenses are valid throughout the state for 7 years after the date of issuance... The Department of Agriculture and Consumer Services shall issue a license if the applicant: (a) Is a resident of the United States and a citizen... (b) Is 21 years of age or older."

Fla. Stat. § 790.06 statute

Florida is the only state in the nation that issues its concealed-carry license through the Department of Agriculture and Consumer Services (FDACS) rather than a state police, public safety, or attorney general agency. FDACS administers eligibility, training-course approval, fingerprinting, and reciprocity for the CWFL.

"Concealed Weapon License"

FDACS — Concealed Weapon License ag

The CWFL (optional permit) requires the applicant to demonstrate competence with a firearm by completing one of several enumerated training options: a hunter-safety course; an NRA firearms course; a firearms safety course offered by a law-enforcement agency, college, training school, or other entity using NRA/CJSTC/FDACS-certified instructors; equivalent experience through organized shooting competition or U.S. military service; or a course conducted by a state-certified or NRA-certified instructor. Florida statute does not specify a minimum number of hours.

"Demonstrates competence with a firearm by any one of the following: Completion of any hunter education or hunter safety course... Completion of any National Rifle Association firearms safety or training course... Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor."

Fla. Stat. § 790.06(2)(h) (training-course requirement for CWFL) statute

Section 790.053(1) remains on the books and prohibits openly carrying any firearm or electric weapon as a second-degree misdemeanor, subject to narrow exceptions (chemical spray, defensive electric weapons, hunting/fishing/target shooting). However, this statute was held unconstitutional by the First District Court of Appeal in McDaniels v. State (Sept. 10, 2025), and the Florida Attorney General has directed statewide non-enforcement as of Sept. 15, 2025.

"Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."

Fla. Stat. § 790.053(1) statute

On September 15, 2025, Florida Attorney General James Uthmeier issued statewide guidance to law enforcement agencies and prosecuting authorities advising that, following McDaniels v. State (Fla. 1st DCA Sept. 10, 2025) striking down § 790.053 on Second Amendment grounds, prosecutors and police should refrain from arresting or prosecuting law-abiding citizens for visible carry. The AG's office will no longer defend convictions under § 790.053(1). The decision is binding on all Florida trial courts under Pardo v. State, 596 So. 2d 665 (Fla. 1992).

"Because no Florida court will any longer be empowered to convict a defendant for violating Section 790.053(1), prudence counsels that prosecutors and law enforcement personnel should likewise refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others."

FL Attorney General Guidance Memorandum on McDaniels v. State ag

Section 790.25 codifies a broad set of lawful uses of firearms and historically permitted any person to possess a firearm in a private conveyance if the firearm was securely encased or not readily accessible for immediate use. Following HB 543 (2023), a person authorized to carry a concealed weapon or concealed firearm under § 790.01 may carry such weapon or firearm on his or her person in a private conveyance — meaning permitless carriers may keep a loaded handgun in the glove box, center console, or anywhere else in the vehicle.

"providing that a person who is authorized to carry a concealed weapon or concealed firearm may carry such weapon or firearm on his or her person in a private conveyance."

Fla. Stat. § 790.25(5) statute

Florida's 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act' prohibits public and private employers from preventing any customer, employee, or invitee from possessing a legally owned firearm locked inside or to a private motor vehicle in the employer's parking lot. The 2023 HB 543 amendment expanded the definition of 'employee' to include any person authorized to carry a concealed weapon or concealed firearm under § 790.01 — closing the prior loophole that had limited protection to permit holders only.

"No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area."

Fla. Stat. § 790.251 statute

Florida has bidirectional reciprocity agreements with 37 states. A Florida CWFL is honored in each of those states, and a concealed-weapon license issued to a resident of any of those states is honored in Florida. The states are: AL, AK, AZ, AR, CO, DE, GA, ID, IN, IA, KS, KY, LA, ME, MI, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, PA, SC, SD, TN, TX, UT, VT, VA, WV, WI, WY.

"Florida has reciprocity (mutual recognition agreement between two states to recognize a concealed weapon license issued by the other state) with the states listed below."

FDACS — Concealed Weapon License Reciprocity ag

A nonresident may carry a concealed weapon or concealed firearm in Florida if the person is 21 or older (18+ for servicemembers/veterans), satisfies the substantive eligibility criteria of § 790.06, and either holds a valid concealed-carry license from their state of residence or — following HB 543 — otherwise qualifies for permitless carry under § 790.01 on the same terms as a Florida resident.

"A nonresident of Florida may carry a concealed weapon or concealed firearm... if he or she... Satisfies the criteria for receiving and maintaining a license to carry a concealed weapon or concealed firearm under s. 790.06... [or] Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence."

Fla. Stat. § 790.015 statute

Florida codifies a castle doctrine: a person in a dwelling, residence, or occupied vehicle is presumed to hold a reasonable fear of imminent peril of death or great bodily harm when defensive force is used against another who was unlawfully and forcibly entering or had entered, or was removing or attempting to remove another against their will. The presumption does not apply if the entrant has a lawful right to be there or the defender is engaged in criminal activity.

"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle."

Fla. Stat. § 776.013 statute

Florida — the original Stand Your Ground state (2005) — imposes no duty to retreat. A person not engaged in criminal activity who is in a place where they have a right to be has the right to stand their ground and use or threaten deadly force to prevent imminent death, great bodily harm, or a forcible felony.

"A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be."

Fla. Stat. § 776.012 statute

Florida law does not impose a general duty to proactively inform a law enforcement officer that you are armed. Permitless carriers under § 790.01 must carry valid identification and display it on an officer's demand under § 790.013, but this is a passive obligation triggered by police request, not an affirmative duty to volunteer the fact of carry.

"Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer."

Fla. Stat. § 790.013 (display ID on demand); no duty-to-disclose statute statute

Section 790.06(12)(a) lists places where a licensee (and by reference any permitless carrier under § 790.01) may not carry a concealed weapon or firearm: places of nuisance, police/sheriff/highway patrol stations, detention facilities, courthouses, courtrooms, polling places, governing body meetings, legislative meetings, school/college/professional athletic events not related to firearms, K-12 facilities, career centers, the bar portion of establishments licensed to dispense alcohol on-premises, college/university facilities, and the secure side of airports.

"Any place of nuisance... Any police, sheriff, or highway patrol station... Any detention facility, prison, or jail... Any courthouse... Any polling place... Any meeting of the Legislature or a committee thereof... Any school, college, or professional athletic event not related to firearms... Any elementary or secondary school facility or administration building."

Fla. Stat. § 790.06(12) statute

Willful and knowing possession of any firearm on K-12 or post-secondary school property, school buses, or school-sponsored events is a third-degree felony, subject to narrow exceptions for approved firearms-training programs, career-center firing ranges, and firearms securely encased in a vehicle pursuant to § 790.25.

"Except as provided in paragraph (e), a person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree."

Fla. Stat. § 790.115 statute

Florida is a point-of-contact state: licensed firearm dealers must run the federally required criminal-history check through the Florida Department of Law Enforcement (FDLE), which queries FCIC and NCIC. State law does not require background checks for in-state private transfers between unlicensed individuals. CWFL holders are exempted from the dealer-administered check by § 790.065(1)(b).

"A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person... until she or he has... Requested, by means of a toll-free telephone call or other electronic means, the Department of Law Enforcement to conduct a check of the information."

Fla. Stat. § 790.065 statute

Florida's Constitution mandates a 3-day waiting period (excluding weekends and legal holidays) between the purchase and retail delivery of any handgun. CWFL holders are exempt by constitutional text. Section 790.0655 extends the waiting period to 'the later of 3 days OR completion of the records check' for non-licensees (2018 amendment in Ch. 2018-3).

"There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph."

Fla. Const. art. I, § 8(b) (3-day handgun waiting period) statute

Section 790.0655 implements the constitutional handgun waiting period and extends it: a mandatory waiting period of 3 days (excluding weekends and legal holidays) OR completion of the FDLE records check under § 790.065, whichever occurs later, applies between the purchase and delivery of a firearm. Holders of a Florida CWFL are exempt, as are trade-ins and certain hunter-safety-certified rifle/shotgun purchases. Retailer violations are a third-degree felony.

"A mandatory waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later."

Fla. Stat. § 790.0655 statute

Following the 2018 Marjorie Stoneman Douglas Public Safety Act, Florida prohibits the sale or transfer of any firearm (handgun or long gun) by a licensed dealer to a person younger than 21. Federal law independently sets 21 for handgun dealer-sales and 18 for long gun dealer-sales; Florida's law raises the dealer-sale minimum to 21 for long guns. The age-21 rule remains in force despite an ongoing federal challenge (NRA v. Bondi, 11th Cir.).

"A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer."

Fla. Stat. § 790.065(13) statute

Federal law requires that handguns be purchased from a federally licensed dealer only by buyers 21 or older, and long guns at 18. Florida raises the long-gun dealer-sale minimum to 21 (above the federal floor). Private in-state transfers between unlicensed individuals are not bound by these federal minimums but are subject to Florida's age-21 prohibition on firearm transfers under § 790.065(13).

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal floor) atf

Florida does not require firearm registration. State law affirmatively prohibits any state or local government agency from keeping or maintaining a list, record, or registry of privately owned firearms or their owners (§ 790.335).

"Section 790.335 — List, record, or registry of legally owned firearms or law-abiding firearm owners prohibited."

Fla. Stat. § 790.335 (registry prohibited) statute

Florida has a Risk Protection Order (red flag) law enacted in 2018 as part of the Marjorie Stoneman Douglas High School Public Safety Act. Only law enforcement officers or agencies may petition (not family members). A final order requires clear and convincing evidence that the respondent poses a significant danger and may last up to 12 months. Temporary ex parte orders are available pending a hearing within 14 days.

"Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months."

Fla. Stat. § 790.401 statute

Florida has no state assault-weapon ban and § 790.33 preempts the entire field of firearm and ammunition regulation, prohibiting local governments from enacting one. Knowing-and-willful violators of preemption face civil penalties of up to $5,000 personally and may be removed from office by the Governor.

"It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal."

Fla. Stat. § 790.33 (preemption); no AWB statute statute

Florida imposes no magazine-capacity limit, and § 790.33 preemption bars local governments from imposing one.

"the general assembly preempts the whole field of the regulation of firearms, ammunition, or components."

Fla. Stat. § 790.33; no capacity statute statute

Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration. Florida does not impose state-level prohibitions on suppressors, SBRs, or SBSs beyond what federal law requires.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

Florida prohibits importing, transferring, distributing, selling, possessing, or giving away bump-fire stocks as a third-degree felony. The state prohibition (enacted as part of the 2018 Marjorie Stoneman Douglas Public Safety Act) remains on the books even after the U.S. Supreme Court vacated the federal ATF bump-stock rule in Garland v. Cargill (2024).

"A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock. A person who violates this section commits a felony of the third degree."

Fla. Stat. § 790.222 statute

Florida operates the strongest firearm preemption regime in the country, with personal civil penalties. Local governments and individual officials face up to $5,000 in personal fines, possible removal from office by the Governor, and a private right of action for affected gun owners (up to $100,000 in damages plus attorney fees with contingency-fee multiplier). Public funds may not be used to defend or reimburse a willful preemption violator.

"If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred."

Fla. Stat. § 790.33 statute

The 2018 Marjorie Stoneman Douglas High School Public Safety Act (CS/SB 7026 / Ch. 2018-3) raised the minimum dealer-sale age for all firearms (including long guns) to 21, extended the firearm-purchase waiting period to the later of 3 days OR completion of the records check, banned bump-fire stocks, and created the state's Risk Protection Order (red flag) law at § 790.401. Signed by Governor Rick Scott March 9, 2018.

"prohibiting a person younger than a certain age from purchasing a firearm; prohibiting the sale or transfer... revising the mandatory waiting period to the later of either 3 days... creating s. 790.401, F.S.; defining terms; creating an action known as a petition for a risk protection order."

Ch. 2018-3, Laws of Florida (CS/SB 7026 — Marjorie Stoneman Douglas High School Public Safety Act) statute

Chapter 2023-18 (HB 543) amended § 790.01 to allow eligible adults to carry a concealed weapon or concealed firearm without a license, created § 790.013 imposing an ID-on-demand requirement on permitless carriers, expanded § 790.251 employer parking-lot protection to cover permitless carriers (not just CWFL holders), and authorized permitless carriers to keep a concealed firearm in a private conveyance under § 790.25. Signed by Governor DeSantis April 3, 2023; effective July 1, 2023.

"authorizing a person to carry a concealed weapon or concealed firearm if he or she is licensed to do so or meets specified requirements... providing that a person who is authorized to carry a concealed weapon or concealed firearm may carry such weapon or firearm on his or her person in a private conveyance."

Ch. 2023-18, Laws of Florida (CS/HB 543 — Permitless Concealed Carry) statute

On September 10, 2025, Florida's First District Court of Appeal held in McDaniels v. State that Fla. Stat. § 790.053(1)'s ban on the open carry of firearms is incompatible with the Second Amendment under NYSRPA v. Bruen and United States v. Rahimi. The court found that 'open carry was the default mode of bearing arms' at the founding. On September 15, 2025, Attorney General James Uthmeier issued a statewide guidance memorandum directing law enforcement and prosecutors to cease enforcement of § 790.053(1) against law-abiding citizens.

"In McDaniels v. State, the First District Court of Appeal struck down Florida's ban on open carry (Section 790.053, Florida Statutes), finding that 'law-abiding, adult citizens' have a right to carry 'firearm[s] openly in public' under the Second Amendment."

McDaniels v. State (Fla. 1st DCA, Sept. 10, 2025) — Open-carry ban struck down ag

Florida's First District Court of Appeal held that the statutory ban on open carry violates the Second Amendment under NYSRPA v. Bruen and United States v. Rahimi, finding that 'open carry was the default mode of bearing arms' at the founding. Attorney General James Uthmeier issued a Sept. 15, 2025 statewide guidance memorandum directing law enforcement and prosecutors to cease enforcement of § 790.053(1) against law-abiding citizens. The statute remains on the books but is unenforceable as a practical matter.

McDaniels v. State (Fla. 1st DCA Sept. 10, 2025); AG Guidance Memorandum Sept. 15, 2025

Amended § 790.01 to allow eligible adults (21+, or 18+ with qualifying military/veteran status) to carry a concealed weapon or concealed firearm without a CWFL. Created § 790.013 ID-on-demand rule for permitless carriers. Expanded § 790.251 employer parking-lot protection to cover permitless carriers (not just CWFL holders). Authorized permitless carriers to keep firearms on their person in a private conveyance. Signed by Governor DeSantis April 3, 2023.

Chapter 2023-18, Laws of Florida

Raised the minimum dealer-sale age for all firearms (handgun and long gun) to 21; extended the firearm-purchase waiting period to the later of 3 days or completion of the FDLE records check; banned bump-fire stocks (§ 790.222); and created Florida's Risk Protection Order (red flag) law at § 790.401. Signed by Governor Rick Scott in response to the Parkland school shooting.

Chapter 2018-3, Laws of Florida