Criminal Law ยท December 5, 2022
Florida Gun Laws: What Every Resident Should Know
Florida's firearms laws are a patchwork of state statutes, federal regulations, and local ordinances that can trip up even law-abiding gun owners. Here is an overview of what every Florida resident needs to understand.
Florida has one of the largest populations of gun owners in the United States, and the state's firearms laws reflect that reality, generally permissive compared to other large states, but with significant requirements and restrictions that carry serious criminal penalties for violations. Here is an overview of the key provisions every Florida gun owner should know.
Concealed Carry in Florida
As of July 1, 2023, Florida became a 'constitutional carry' state, meaning that adults 21 and older who are not prohibited from possessing firearms may carry a concealed weapon without a license. However, a Florida Concealed Weapon License (CWL) remains available and valuable, it provides reciprocity in over 30 other states that recognize Florida permits. Applications are processed through the Florida Department of Agriculture.
Prohibited Persons and Locations
Regardless of carry rights, certain persons are prohibited from possessing firearms under Florida and federal law: convicted felons, individuals adjudicated as mentally defective, domestic violence misdemeanants, and others. Prohibited locations include school grounds, government buildings, polling places, courthouses, police stations, and establishments that serve alcohol for consumption on premises. Violating these restrictions is a serious criminal offense.
Stand Your Ground
Florida's Stand Your Ground law provides that a person who is not engaged in unlawful activity and is in a place they have a right to be has no duty to retreat and may use force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm. This is a significant legal protection, but it is also frequently misunderstood. Stand Your Ground does not provide unlimited license to use force, the threat must be reasonable and imminent.
Illegal Modifications and Transfer
Federal and Florida law prohibit certain firearms modifications, including converting a semiautomatic weapon to fire automatically. The transfer of a firearm to a prohibited person, even a family member, is a federal felony. Straw purchases (buying a firearm for someone who cannot legally buy one themselves) carry federal criminal penalties of up to 10 years in prison.
If you are facing a firearms charge in Florida, the stakes are high and the law is complex. Charles Vega has experience in criminal defense and can advise you on your rights and options. Call (800) 975-0529 for a confidential consultation.
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