What Is Florida’s New Concealed Carry Law?

Florida’s new concealed carry law, in effect since July 1, 2023, lets any U.S. citizen or lawful permanent resident who is at least 21 and otherwise legally allowed to possess a firearm carry a concealed handgun without a license, without training, and without an application. It did not legalize open carry, did not change who is eligible to carry, and did not change where carrying is off-limits.¹ The Concealed Weapon License program still exists, and for several practical reasons many Floridians continue to get one.

Who Actually Qualifies

Permitless carry borrows its eligibility list from the licensing statute. If you would not qualify for a Concealed Weapon License, you do not qualify to carry without one.² You must be:

At least 21 years old.
A U.S. citizen or lawful permanent resident.
Free of any felony conviction that disqualifies you from possessing a firearm.
Free of a violent misdemeanor conviction unless three years have passed since completion of all court conditions, or the record has been sealed or expunged.
Free of a drug conviction within the past three years and of any commitment for substance abuse.
Not a chronic alcohol abuser to the point of impaired normal faculties.
Not subject to an active domestic violence or repeat violence injunction.
Not adjudicated incapacitated in a guardianship proceeding or committed to a mental institution.
Not otherwise prohibited from possessing a firearm under state or federal law.

The statute requires residence in the United States, not in Florida. A visitor from another state who meets every other qualification can carry concealed in Florida without any Florida paperwork.²

The law covers handguns, stun guns, tear gas guns, knives, and billies. It does not cover machine guns, and it only covers concealed carry.³

Open Carry Is Still a Crime

This is where people get themselves in trouble. The 2023 law removed the license requirement for concealed carry only. Openly carrying a firearm or stun gun on your person remains a second-degree misdemeanor punishable by up to 60 days in jail.⁴ The narrow exception is a brief, unintentional display by someone who is lawfully carrying concealed, so long as the display is not angry or threatening. Self-defense chemical sprays and nonlethal stun guns made solely for defensive use can be carried openly; a handgun cannot.

Where Concealed Carry Is Still Off-Limits

Permitless carriers face the same location restrictions as licensed carriers. Carrying in any of the following places can result in criminal charges regardless of license status:⁵

Police stations, sheriff’s offices, and highway patrol stations.
Jails, prisons, and detention centers.
Courthouses and courtrooms.
Polling places.
Meetings of county or municipal governing bodies, school boards, and the legislature.
Elementary and secondary school buildings and grounds, career centers, and college or university facilities. Stun guns are permitted for registered students, employees, and faculty at colleges and universities.
School and college athletic events not related to firearms.
The bar section of any establishment whose primary purpose is serving alcohol for on-site consumption. A restaurant with a bar area restricts the bar, not the whole restaurant.
Passenger terminals and sterile areas at airports. A legally encased, unloaded firearm may be brought into the terminal to be checked as baggage.
Any location where federal law prohibits firearms.

Private Property and Workplace Parking

Florida does not automatically give “no firearms” signs the force of criminal law, so a sign alone generally will not get you arrested. If an owner or manager asks you to leave because you are armed and you refuse, however, you are trespassing, and trespass while armed is a third-degree felony punishable by up to five years in prison.⁶ Honor signs and leave immediately if asked.

Employers are a special case. State law bars them from prohibiting firearms kept locked out of sight inside employees’ personal vehicles in workplace parking lots.⁷ An employer can still ban firearms inside the building.

The Federal School Zone Trap

This is the one that catches permitless carriers off guard. The federal Gun-Free School Zones Act prohibits possessing a firearm within 1,000 feet of any school. The law contains an exception for holders of a state-issued concealed carry license, because the license involves a law enforcement background check.⁸ Permitless carriers have no license, so they do not qualify for that exception.

A 1,000-foot radius around every school covers an enormous share of any Florida city or suburb. A permitless carrier driving through such an area is technically violating federal law, which carries a fine of up to $5,000 and up to five years in federal prison. To comply without a license, a carrier would have to stop before entering the zone, unload the firearm, and lock it in a container that is not readily accessible. Getting a Florida Concealed Weapon License eliminates the problem.

What You Have to Do While Carrying

Anyone carrying concealed without a license must have valid identification on them and must show it to any law enforcement officer who asks. Failing to carry or display ID is a noncriminal violation with a $25 fine.⁵ A driver’s license or state ID card satisfies this.³

Florida’s self-defense rules apply the same way to licensed and permitless carriers. Non-deadly force is justified when you reasonably believe it necessary to defend against an imminent threat, and there is no duty to retreat before using it. Deadly force is justified only when you reasonably believe it necessary to prevent imminent death, serious bodily injury, or the commission of a violent felony against yourself or another person.⁹ These rules did not change in 2023, and anyone carrying a firearm needs to understand them before, not after, they matter.

Penalties if You Don’t Qualify

Carrying a concealed firearm without meeting the eligibility requirements is a third-degree felony punishable by up to five years in prison. Carrying a concealed weapon other than a firearm, such as a knife or stun gun, while ineligible is a first-degree misdemeanor punishable by up to one year in jail.¹

Why Many Floridians Still Get the License

The Concealed Weapon License is now optional, but skipping it gives up several concrete advantages.

The first is reciprocity. Florida has reciprocity agreements with 37 states, meaning a Florida license lets you carry concealed in those states under their laws.¹⁰ Permitless carry does not travel. If you ever cross a state line with a firearm, the license is close to essential.

The second is the federal school zone exception described above. For anyone who regularly drives near schools, which in a developed Florida county means almost everyone, the license removes a serious federal exposure.⁸

The third is the handgun waiting period. Florida requires three days between purchase and delivery of a handgun at retail. License holders are exempt and may take possession as soon as the background check clears.¹¹

Applications go through the Florida Department of Agriculture and Consumer Services and require proof of firearms competency, fingerprinting, and a background check.¹²

1
Justia. Florida Code 790.01 – Carrying of Concealed Weapons or Concealed Firearms
2
Florida Legislature. Florida Code 790.06 – License to Carry Concealed Weapon or Firearm
3
Jacksonville Sheriff’s Office. Permitless Carry in Florida
4
Florida Senate. Florida Code 790.053 – Open Carrying of Weapons
5
Florida Senate. Florida Code 790.013 – Carrying of Concealed Weapons or Concealed Firearms Without a License
6
Florida Legislature. Florida Code 810.09 – Trespass on Property Other Than a Structure or Conveyance
7
Florida Senate. Florida Code 790.251 – Protection of the Right to Keep and Bear Arms in Motor Vehicles
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
Florida Legislature. Florida Code 776.012 – Use or Threatened Use of Force in Defense of Person
10
Florida Department of Agriculture and Consumer Services. Concealed Weapon License Reciprocity
11
Florida Senate. Florida Code 790.0655 – Purchase and Delivery of Handguns, Mandatory Waiting Period
12
Florida Department of Agriculture and Consumer Services. Applying for a Concealed Weapon License