Florida’s constitutional carry law gives residents new freedoms to carry firearms without a permit. As of July 1, 2023, the Sunshine State joined more than two dozen other states that allow permitless carry, fundamentally changing how gun owners exercise their Second Amendment rights. While this law expands access to carrying firearms, it also comes with important legal requirements and potential pitfalls that every Florida gun owner needs to know.
Understanding your rights under Florida’s criminal defense laws is critical, and The Wiseman Law Firm is here to help you navigate these complex regulations. The constitutional carry law does not eliminate all regulations or give blanket permission to carry anywhere at any time. Those who fail to understand the boundaries of this law may face serious criminal charges, even if they believed they were acting within their rights.
What Constitutional Carry Means in Florida
Constitutional carry allows most law-abiding Florida residents to carry a concealed firearm without obtaining a concealed weapons permit. The law removed the requirement for training, background checks through the permit process, and fees previously needed to carry concealed. However, open carry remains illegal in most circumstances. Carrying a firearm in plain view can still result in criminal charges, except in specific situations like hunting or fishing.
You must be at least 21 years old to carry under constitutional carry provisions. The law does not change age requirements. People aged 18 to 20 must still obtain a concealed weapons permit to carry legally. The weapons charges you could face for violating this provision include carrying a concealed firearm without a license, which is a third-degree felony.
Who Cannot Carry Under Florida Law?
Not everyone can take advantage of constitutional carry. Florida law prohibits certain individuals from possessing firearms at all. These restrictions remain in place regardless of the permitless carry law. Convicted felons cannot possess firearms unless their civil rights have been restored. People with certain domestic violence convictions face federal and state prohibitions. Those adjudicated mentally defective or committed to mental institutions are also barred from gun possession.
Drug users and those convicted of drug crimes may be prohibited from carrying firearms. Federal law makes it illegal for unlawful users of controlled substances to possess guns. Florida adds its own restrictions for certain drug convictions. If you have questions about whether you can legally carry a firearm, seeking legal guidance before carrying is the safest approach.
Where You Cannot Carry in Florida
Constitutional carry does not override longstanding location restrictions. Certain places remain off-limits for firearms regardless of whether you have a permit. Schools, school buses, and school functions prohibit firearms with narrow exceptions for law enforcement and school personnel. Government buildings, courthouses, and polling places during elections are also restricted locations.
Private property owners can prohibit firearms on their premises. If a business posts proper no-guns signage, you must respect that restriction. Trespassing with a firearm on posted property can lead to enhanced criminal charges. Federal facilities like post offices and Social Security offices prohibit firearms under federal law. Airport terminals beyond security checkpoints are strictly off-limits. Bars primarily engaged in serving alcohol may prohibit firearms depending on the circumstances.
Stand Your Ground and Self-Defense Protections
Florida’s Stand Your Ground law provides legal protection for people who use force in self-defense. You have no duty to retreat before using force if you reasonably believe it is necessary to prevent death, significant bodily harm, or the commission of a forcible felony. This applies whether you are in your home, vehicle, or any place you have a legal right to be. Constitutional carry does not change these self-defense protections.
However, Stand Your Ground is not a license to use force without justification. You cannot claim self-defense if you were engaged in criminal activity or if you initially provoked the confrontation. The law requires your belief in the need for force to be reasonable under the circumstances. What seems reasonable to you may not meet legal standards. If you use deadly force, you may face intense scrutiny from law enforcement and prosecutors.
Interaction with Law Enforcement
If you are carrying a firearm and encounter law enforcement, Florida law does not require you to inform officers that you are armed unless you are asked. This differs from some other states that mandate immediate disclosure. That said, being cooperative and transparent with officers can prevent misunderstandings and potentially dangerous situations.
During a traffic stop, keep your hands visible and avoid sudden movements toward your firearm. If an officer asks whether you have weapons, answer truthfully. Lying to law enforcement can result in additional criminal charges. If you are legally carrying, you should not face arrest simply for possessing a firearm. However, officers may temporarily secure the weapon during the encounter for safety purposes.
Traveling with Firearms
Florida law allows you to transport firearms in your vehicle without a permit if they are securely encased or not readily accessible for immediate use. A firearm in a glove compartment, console, or other closed compartment is considered securely encased. A gun in a holster on your person while driving generally requires constitutional carry eligibility or a valid permit.
Interstate travel with firearms requires understanding both federal and state laws. The Firearm Owners Protection Act provides limited protection for transporting firearms across state lines if you are traveling from one place where you can legally possess the firearm to another such place. However, this protection is narrow and does not apply if you make extended stops in states with restrictive gun laws. If you plan to travel outside Florida with firearms, research the laws in every state through which you will pass.
Criminal Consequences for Violations
Violating Florida’s gun laws can result in serious criminal penalties. Carrying a concealed firearm without eligibility is a third-degree felony punishable by up to five years in prison. Possessing a firearm in a prohibited location can result in felony charges depending on the circumstances. Using a firearm during the commission of certain crimes triggers mandatory minimum sentences under Florida’s 10-20-Life law.
If you are charged with a weapons offense, you need immediate legal representation. Prosecutors take weapons charges seriously, and a conviction can have lasting impacts on your rights, employment, and freedom. Even if you believed you were legally carrying, misunderstanding the law is not a valid defense.
Contact The Wiseman Law Firm for Experienced Gun Rights Defense
Constitutional carry gives Florida residents greater freedom to exercise their Second Amendment rights, but those rights come with responsibilities. You must know where you can legally carry, who is prohibited from possession, and how to lawfully use force in self-defense. A single mistake can lead to felony charges that threaten your freedom and your future. If you are facing weapons charges or have questions about your rights under Florida’s gun laws, we are here to help. At The Wiseman Law Firm, Attorney Simon Wiseman brings more than two decades of trial-tested experience to every case. As a former prosecutor who has handled nearly 40 jury trials, he understands how the State of Florida builds its cases and now uses that insider knowledge to craft aggressive defenses for his clients.
Whether you are dealing with weapons charges, criminal defense matters, or other legal challenges, we provide the zealous representation you deserve. Contact us today to discuss your case. We are available 24 hours a day and are top-rated by our clients for the personal attention and results we deliver. Learn more about Attorney Simon Wiseman and how our proven track record can make a difference in your case.