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Gun Laws in Florida: Who Can Carry and Who Can’t?
Introduction
Florida has some of the most gun-friendly laws in the United States, but there are still restrictions on who can own, carry, and use firearms legally. Violating Florida’s gun laws can result in serious criminal charges, including felony convictions, fines, and jail time.
This guide explains who can legally carry a gun in Florida, where guns are prohibited, and the penalties for carrying a firearm illegally.
Who Can Legally Own a Gun in Florida?
Florida does not require a permit to purchase a firearm, but you must meet certain eligibility requirements.
You CAN Own a Gun in Florida If:
✔️ You are 18 or older (to purchase a rifle or shotgun)
✔️ You are 21 or older (to purchase a handgun)
✔️ You are a U.S. citizen or lawful permanent resident
✔️ You have no felony convictions
✔️ You are not subject to a restraining order for domestic violence
✔️ You are not mentally incompetent or involuntarily committed
🚨 Background Checks:
- If you buy a gun from a licensed dealer, you must pass a background check through the Florida Department of Law Enforcement (FDLE).
- There is a three-day waiting period for handgun purchases (except for those with a concealed carry permit).
Who Cannot Own a Gun in Florida?
Florida law prohibits firearm ownership for certain individuals.
🚫 You CANNOT own or possess a gun if:
- You have a felony conviction (unless your civil rights have been restored)
- You have been convicted of domestic violence
- You are currently under an active restraining order
- You were dishonorably discharged from the U.S. military
- You were involuntarily committed for mental health reasons
- You are a convicted drug user or addict
- You are in the U.S. illegally
⚠️ Possessing a firearm as a convicted felon is a second-degree felony in Florida, punishable by up to 15 years in prison.
Constitutional Carry and Open Carry in Florida
Does Florida Allow Open Carry?
🚫 No. Open carry of firearms is illegal in Florida except for certain activities such as:
✔️ Hunting
✔️ Fishing
✔️ Camping
✔️ Target shooting
If you openly carry a firearm outside of these exceptions, you could face a misdemeanor charge.
Does Florida Have Permitless Carry?
✅ Yes. As of July 1, 2023, Florida allows permitless concealed carry for law-abiding gun owners.
This means that any eligible gun owner over 21 can carry a concealed firearm without needing a permit. However, background checks for gun purchases still apply.
Where Can You Carry a Gun in Florida?
Even if you legally own a firearm, there are places where carrying a gun is prohibited.
🚫 You CANNOT carry a firearm in:
- Schools, school events, or college campuses
- Government buildings (courthouses, police stations, polling places)
- Airports (beyond TSA checkpoints)
- Bars or establishments where alcohol is the primary business
- Sporting events
- Hospitals and mental health facilities
🚨 Carrying a firearm in a prohibited place is a third-degree felony, punishable by up to 5 years in prison.
Stand Your Ground and Self-Defense Laws in Florida
Florida has strong self-defense laws, including:
✔️ Stand Your Ground Law – You have no duty to retreat before using force in self-defense.
✔️ Castle Doctrine – You can use deadly force to defend your home, vehicle, or occupied dwelling if someone unlawfully enters.
However, self-defense must be justified—you cannot provoke a situation and then claim Stand Your Ground as a defense.
Illegal Firearm Possession and Penalties in Florida
Carrying or possessing a firearm illegally can result in severe penalties, including:
1. Carrying a Concealed Firearm Without Authorization (Before Permitless Carry Law)
🚨 Charge: Third-degree felony
💰 Fine: Up to $5,000
⏳ Prison Sentence: Up to 5 years
2. Possession of a Firearm by a Convicted Felon
🚨 Charge: Second-degree felony
💰 Fine: Up to $10,000
⏳ Prison Sentence: Up to 15 years
3. Carrying a Firearm in a Prohibited Location
🚨 Charge: Third-degree felony
💰 Fine: Up to $5,000
⏳ Prison Sentence: Up to 5 years
🚨 Enhanced Penalties for Firearms in Criminal Acts
Florida has a 10-20-Life law under F.S. § 775.087, which imposes mandatory minimum sentences for crimes involving firearms:
✔️ 10 years if a firearm was possessed during a felony
✔️ 20 years if a firearm was discharged during a felony
✔️ 25 years to life if someone was injured or killed
Defenses to Firearm-Related Charges
If you are arrested for illegal gun possession, an experienced criminal defense attorney can explore several defenses:
1. Unlawful Search and Seizure
- If the police searched your car, home, or person without probable cause or a warrant, the evidence may be suppressed in court.
2. Lack of Knowledge
- If you did not know the firearm was in your possession (e.g., someone else left a gun in your car), this may be a defense.
3. Self-Defense
- If you used a firearm to protect yourself or another person, self-defense may justify your actions.
4. Firearm Ownership Was Legal
- If you were lawfully carrying a firearm and police mistakenly arrested you, the charges may be dropped.
What to Do If You Are Arrested for a Firearm Offense in Florida
If you are charged with a gun-related crime, take these steps immediately:
✔️ Remain Silent – Do not admit to gun possession or explain your actions.
✔️ Do Not Consent to a Search – If officers ask to search your vehicle or home, say:
“I do not consent to a search.”
✔️ Request a Lawyer Immediately – A criminal defense attorney can protect your rights.
✔️ Gather Evidence – If you have a valid firearm permit or self-defense claim, save all records.
🚨 DO NOT try to “talk your way out” of an arrest—this often makes the situation worse.
How a Gun Crime Defense Attorney Can Help
A firearm conviction can lead to:
❌ Prison time
❌ Loss of firearm rights
❌ A permanent criminal record
An experienced criminal defense attorney can:
✔️ Challenge illegal searches or arrests
✔️ Prove lawful possession
✔️ Argue self-defense in Stand Your Ground cases
✔️ Negotiate to reduce or dismiss charges
At Bonderud Law, we aggressively defend clients facing firearm-related charges in Florida. If you have been arrested for a gun crime, contact us today for a consultation.
Conclusion
Florida has strong gun rights protections, but there are still serious consequences for carrying a firearm illegally. If you are facing gun charges, seek legal representation immediately—your future may depend on it.