Is Florida a Constitutional Carry State? Rules, Limits, and Penalties

Yes, Florida is a constitutional carry state. Since July 1, 2023, when House Bill 543 took effect, you can carry a concealed firearm in public without first getting a government-issued license, as long as you meet the same eligibility rules that used to apply to license holders.¹ The permit went away. The rules around who, where, and how did not.

Florida became the 26th state to adopt this approach. The common shorthand is “constitutional carry,” though the law itself uses the term “permitless carry.” Either way, it applies only to concealed carry. Open carry remains a crime.

Who Can Carry Without a Permit

Dropping the license requirement did not lower the bar for who qualifies. You are authorized to carry concealed only if you meet every criterion that would have qualified you for a license under Fla. Stat. § 790.06.² You just no longer need to apply, pay a fee, or wait for a card.

The core requirements:

At least 21 years old.
A U.S. citizen or permanent resident.
No physical condition that prevents safe handling of a firearm.
No felony conviction.
No misdemeanor domestic violence conviction with adjudication withheld or a suspended sentence, unless three years have passed with all court conditions met, or the record is expunged.³
No controlled substance offense in the past three years.
No chronic pattern of alcohol or drug abuse that impairs your normal faculties.

Military servicemembers and honorably discharged veterans get a lower age floor. They can carry at 18 instead of 21.⁴

Federal law adds its own list of prohibited persons under 18 U.S.C. § 922(g). Anyone convicted of a crime punishable by more than a year in prison, anyone subject to a domestic violence restraining order, unlawful drug users, people committed to a mental institution, and anyone dishonorably discharged from the military cannot possess a firearm, period.⁵ A Florida disqualification that expires after three years does not override a lifetime federal bar.

One more rule people miss: you must carry valid government-issued identification when you carry a firearm without a license, and show it to law enforcement on request.⁶ This is not optional.

Open Carry Is Still Illegal

HB 543 did not legalize open carry. Visibly displaying a firearm in public is still a second-degree misdemeanor under Fla. Stat. § 790.053, punishable by up to 60 days in jail and a $500 fine.⁷⁸ This is the single biggest point of confusion with the new law. Your firearm has to stay hidden from view.

The narrow exceptions involve outdoor recreation. You can openly carry while actively fishing, hunting, camping, or traveling directly to and from those activities.⁹ Outside those situations, keep it concealed.

Where You Still Can’t Carry

Permitless carry does not mean carry-anywhere. Fla. Stat. § 790.06(12) lists locations where no one may bring a concealed weapon or firearm, licensed or not:³

Police stations, sheriff’s offices, and highway patrol stations.
Jails, prisons, and detention centers.
Courthouses and courtrooms (a judge may authorize exceptions in their own courtroom).
Elementary and secondary schools, career centers, and school administration buildings.
College and university campuses. The only exception is a nonlethal stun gun designed solely for self-defense, carried by a registered student, employee, or faculty member.
Polling places.
Meetings of any county commission, school board, city council, special district, or the Legislature.
School, college, or professional athletic events not related to firearms.
Any portion of an establishment licensed to serve alcohol on premises where serving alcohol is the primary purpose.
Airport passenger terminals and sterile areas, except for a properly cased firearm being checked as baggage.
Any place where federal law prohibits firearms.

That last line reaches a lot of buildings. Under 18 U.S.C. § 930, knowingly possessing a firearm in a federal facility is a federal crime punishable by up to one year in prison.¹⁰ A federal facility means any building the federal government owns or leases where federal employees regularly work. Post offices, Social Security offices, VA hospitals, federal courthouses, and IRS offices all count. Post offices ban firearms on the entire property, including the parking lot.¹¹

Private businesses are a different situation. A “no firearms” sign on a store or restaurant does not, by itself, make carrying there a crime under Florida law. But the owner can ask you to leave once they know you are armed, and refusing to go triggers trespass charges under Fla. Stat. § 810.08. Respect the sign or be ready to leave immediately if asked.

Carrying in a Vehicle

Florida’s vehicle rules predate permitless carry and are more permissive than most people assume. Under Fla. Stat. § 790.25(4), anyone 18 or older who lawfully possesses a handgun can keep it inside a private vehicle, provided the firearm is securely encased or not readily accessible for immediate use.⁹ “Securely encased” generally means a glove compartment, snapped holster, gun case, or closed container.

If you meet the full permitless carry criteria, you can carry concealed on your person inside the vehicle the same way you would outside it. The vehicle provision matters most for people aged 18 to 20, who cannot carry concealed on their person but can still keep a handgun accessible in their car.

Visitors From Other States

Non-residents get the same rights as Florida residents. If you are a U.S. resident, at least 21 years old, and meet Florida’s eligibility criteria (or hold a valid concealed carry license from your home state), you can carry concealed in Florida without any Florida paperwork.⁴ Every Florida restriction still applies to you: the prohibited locations, the open carry ban, the ID requirement. The military and veteran age exception for 18-year-olds applies to visitors too.

Why a Florida License Still Has Value

The concealed weapon license is not pointless now. Florida has reciprocity agreements with 37 states, meaning those states honor a Florida concealed weapon license.⁴ If you travel to a state that recognizes Florida permits but has not adopted its own permitless carry law, your Florida license may be the only thing that lets you carry legally there.

A Florida CWL also lets you skip the state’s three-day waiting period when buying a firearm from a dealer. For frequent buyers, that alone can justify keeping the license. The Florida Department of Agriculture and Consumer Services handles applications and runs the background check.

Penalties for Getting It Wrong

The stakes are high. Under Fla. Stat. § 790.01, carrying a concealed firearm when you do not meet the eligibility requirements is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.²¹² Carrying a concealed weapon that is not a firearm, such as certain knives or electric weapons, while ineligible is a first-degree misdemeanor, carrying up to a year in jail.

Openly carrying a firearm is a separate charge even if you otherwise qualify. It stays a second-degree misdemeanor regardless of your eligibility to carry concealed.⁷

Know whether you qualify before you carry, keep the firearm concealed, carry ID, and learn the location list. That is what constitutional carry in Florida actually looks like.

1
Executive Office of the Governor. Governor Ron DeSantis Signs HB 543 – Constitutional Carry
2
The Florida Legislature. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms
3
The Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Concealed Firearm
4
Florida Department of Agriculture and Consumer Services. Concealed Weapon License Reciprocity
5
ATF. Identify Prohibited Persons
6
Florida Senate. CS/HB 543 – Public Safety
7
The Florida Legislature. Florida Code 790.053 – Open Carrying of Weapons
8
Florida Senate. Florida Code 775.082 – Penalties, Applicability of Sentencing Structures, Mandatory Minimum Sentences
9
The Florida Legislature. Florida Code 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
10
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
11
United States Postal Service. Possession of Firearms and Other Dangerous Weapons on Postal Service Property Is Prohibited by Law
12
Florida Senate. Florida Code 775.083 – Fines