Florida Gun Laws

• Open Carry Legalized (2025/2026 Update): A massive shift occurred in late 2025 when the First District Court of Appeal in McDaniels v. State struck down Florida's 1987 ban on open carry as unconstitutional. The state declined to appeal, meaning open carry is now completely legal in Florida for law-abiding adults, provided they abide by strict location restrictions.
• Permitless Concealed Carry: Building upon its 2023 legislation, Florida firmly operates as a permitless concealed carry state. Anyone 21 or older who meets the statutory requirements for a license may legally carry a concealed weapon without applying to the state.
• Strict State Preemption: Florida aggressively enforces state preemption, imposing heavy financial penalties and potential removal from office on any local mayor, city council, or county commission that attempts to enact local gun control ordinances.

Florida is a "Shall Issue" state for the Concealed Weapon License (CWL), administered by the Florida Department of Agriculture and Consumer Services (FDACS). Many residents still obtain a CWL to bypass the mandatory waiting period and secure out-of-state reciprocity.

• Minimum Age: 21 years old (or 18 for active-duty military or honorably discharged veterans).
• Training Requirements: Applicants must demonstrate competence with a firearm by taking a state-approved training course (such as an NRA basic pistol course or hunter safety course) that includes a live-fire exercise.
• Background Checks: A full state (FDLE) and federal (FBI) background check is mandatory.
• Fingerprints: Electronic Live Scan fingerprints submitted through an approved law enforcement agency or tax collector's office are required.
• Application Fees: The initial license fee is $55, plus a $42 fingerprint processing fee, totaling $97. Local tax collector offices may add a $22 convenience fee.
• Processing Times: FDACS is statutorily required to issue or deny the license within 90 days of receiving a complete application, though many are processed in 2 to 4 weeks.

Florida maintains very few restrictions on firearm models or magazine capacities, deferring instead to federal NFA laws.

• Magazine Capacity: No restrictions. Standard and high-capacity magazines are fully legal to own, sell, and carry.
• "Assault Weapon" Bans: None. Florida does not regulate semi-automatic firearms based on cosmetic features.
• Restricted Ammunition: Florida law specifically prohibits the manufacture, sale, or delivery of armor-piercing handgun ammunition, exploding ammunition, and "dragon's breath" shotgun shells.
• Banned Models: No specific firearm makes or models are banned by name.

Florida boasts some of the strongest self-defense protections in the nation, providing comprehensive legal shielding for justified shooters.

• Stand Your Ground: Yes. Florida law states that a person who is not engaged in criminal activity and who is in a place they have a right to be has no duty to retreat. They may meet force with force, including deadly force, to prevent imminent death or great bodily harm.
• Castle Doctrine: Yes. The law applies a legal presumption that an intruder unlawfully and forcefully entering a home or occupied vehicle intends to commit an unlawful act involving force, justifying the use of deadly force.
• Duty to Retreat: No. Florida eradicated the duty to retreat in 2005.
• Civil Immunity: Yes. Florida law provides complete immunity from civil lawsuits and criminal prosecution. If charged, a defendant can demand a pre-trial immunity hearing where the state bears the burden to prove by clear and convincing evidence that self-defense was not justified.

Florida’s transportation laws are highly permissive for both permit holders and those carrying under constitutional carry protections.

• Handguns: Law-abiding adults 21+ may carry a loaded, concealed handgun on their person while in a vehicle. Individuals aged 18-20 cannot carry on their person but may transport a loaded handgun if it is "securely encased" (in a closed console, glove box, or snapped holster) or not readily accessible for immediate use.
• Long Guns: May be legally transported in a private motor vehicle, loaded or unloaded, provided they are not brandished in a threatening manner.
• Federal Gun-Free School Zone Act: Relying solely on permitless carry offers no federal exemption for driving within 1,000 feet of a K-12 school. A state-issued Florida CWL is required to legally bypass this federal restriction.

Florida mandates waiting periods for all firearms but does not enforce universal background checks on private transfers.

• Dealer Sales: All sales through an FFL require a background check facilitated by the Florida Department of Law Enforcement (FDLE).
• Private Sales: Private, face-to-face transactions between Florida residents do not require a background check or registration.
• Waiting Periods: There is a mandatory 3-day (72-hour) waiting period for the purchase of ALL firearms (handguns and long guns) from a dealer, or until the background check clears, whichever is later.
• CCW Bypass: A valid Florida CWL totally exempts the buyer from the 3-day waiting period, allowing same-day take-home of the firearm once the NICS/FDLE check clears.

Florida utilizes a Red Flag law known as a Risk Protection Order (RPO), enacted following the 2018 Parkland tragedy.

• Who Can File: Only law enforcement officers or law enforcement agencies can petition the court for an RPO. Family members cannot file directly; they must report their concerns to the police, who then decide whether to petition the court.
• Process and Duration: A judge can issue a temporary ex parte RPO for up to 14 days, seizing firearms immediately. After a full hearing within that window, a final RPO can be issued lasting up to one year, which can be extended upon request by law enforcement.
• Appeal: The respondent is permitted to submit one written request for a hearing to vacate the RPO during its duration, bearing the burden to prove they are no longer a significant danger.

Carrying a concealed firearm into a statutorily prohibited location (such as a polling place or the bar area of a restaurant) is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Carrying a firearm onto K-12 school property without authorization is a much more serious offense, classified as a third-degree felony punishable by up to 5 years in state prison.

If an individual who is not legally eligible to carry a firearm (e.g., under 21 or a convicted felon) is caught carrying concealed, they face a third-degree felony charge for carrying a concealed firearm, regardless of whether Florida is a permitless carry state. For prohibited persons, this compounds with standard felony possession charges carrying severe mandatory minimums.