Florida has a long history of debating gun rights and gun control. With our diverse population and unique mix of urban and rural areas, Florida’s gun laws have continued to evolve over the years. We at Stechschulte Nell, Attorneys at Law, hope this blog is a useful resource for our fellow Floridians to use to learn what you need to know about Florida’s gun laws.
Firearm Ownership and Possession in Florida
In Florida, owning a firearm is a constitutionally protected right under both the state and federal constitutions. To purchase a firearm, you must be at least 18 years old for long guns (rifles and shotguns) and 21 years old for handguns. However, the right to own and possess a firearm is limited by law as long as those limitations serve a “compelling governmental interest” and are narrowly tailored to achieve that interest. The laws limiting gun ownership and possession in Florida are described in the paragraphs that follow.
Open Carry
Open carry is still illegal in the state of Florida unless you are participating or traveling to or from camping, hunting, fishing, or target shooting. The Florida law enacted in late 2023 did not legalize open carry, as some people mistakenly believed. The law addresses only the carrying of concealed weapons, described in the next section.
No License Needed to Carry a Concealed Firearm
In 2023, Florida enacted a law eliminating the need to obtain a concealed-carry license (CCL) before you can carry a concealed firearm. However, anyone carrying a concealed firearm must still meet the qualifications previously required to obtain a CCL. That means that you must be a U.S. citizen who is at least 21 years old without a felony conviction. A non-expunged finding of delinquency for an act that would be a felony if committed by an adult is also a disqualifying factor.
The law prohibits the carrying of a concealed firearm onto any college, university, or other educational premises. You are also not permitted to carry a concealed firearm into other specified locations, courthouses, sheriff’s offices, voting places, legislative meeting rooms, bars or bar areas of restaurants, etc.
Background Checks
Florida requires background checks for all firearm purchases made through a licensed federal firearms dealer. The dealer must obtain identification from the purchaser and conduct a background check with a three-day waiting period. Historically, if the background check results were not returned to the dealer before the end of the third day (excluding weekends and holidays), the dealer could deliver the firearm to the purchaser. This is no longer the law. Now, the law prohibits a federal firearm licensed (FFL) dealer from delivering the firearm until after the three-day waiting period lapses or the background check is completed, whichever occurs later.
Firearm sales between private individuals (without an FFL) may be completed without a background check as long as both parties have legal identification, and the seller does not reasonably believe the buyer is disqualified from eligibility for gun ownership or purchase.
The Castle Doctrine
Florida follows the Castle Doctrine, which allows individuals to use deadly force to protect themselves in their homes, and their vehicles if they believe they are facing an imminent threat of death or great bodily harm. This doctrine extends to the person’s residence, vehicle, and any other place where they have a legal right to be. Under the castle doctrine, the person threatened is not required to retreat from their home before they may use lethal force in self-defense.
However, the castle doctrine does not apply to situations that occur outside their home or place of business, say on the street, or in a restaurant.
The determination of when someone poses an imminent threat of death or great bodily harm is often difficult for a judge or jury to establish after the fact. To provide innocent people with more security against unfounded criminal charges following the use of deadly force, Florida enacted the Stand Your Ground Law, explained below.
Stand Your Ground Law
Florida’s “Stand Your Ground” law allows individuals to use deadly force if they reasonably believe it is necessary to prevent death or great bodily harm to themselves or others. The law eliminates the duty to retreat before using force in self-defense.
Beyond enabling a person to use deadly force without retreating in the circumstances described, the Stand Your Ground Law applies a legal presumption that there was a sufficiently imminent threat of death or great bodily harm if the person against whom the force was used was unlawfully and forcefully entering or attempting to enter a home, vehicle, or other building in which the person threatened is lawfully present. Other similar presumptions are also applied to prevent a victim of an imminent threat from proving the specific threat to law enforcement.
Mental Health and Firearm Restrictions
Florida law prohibits individuals who have been adjudicated mentally defective or committed involuntarily to a mental institution from purchasing or possessing firearms.
Firearms in Vehicles
Florida law permits those who lawfully possess a firearm to transport it in a vehicle if it is securely encased and is not readily available for immediate use. Essentially, the firearm must not be within easy reach of the vehicle occupant. It may be in a locked glove compartment, or inside of a locked container in the back seat area or trunk, for example. Employers generally have the right to prohibit employees from bringing firearms into the workplace, even if they have a CWL.
Domestic Violence and Firearms (Under Review in the U.S. Supreme Court)
Federal law prohibits individuals convicted of domestic violence offenses and those subject to certain protective orders from owning or possessing firearms. Florida enforces these federal restrictions.
The U.S. Supreme Court is currently reviewing the case of a Texas man who had no disqualifying criminal conviction but who did have a domestic violence restraining order in force against him. Zackey Rahimi argued that his Second Amendment right to bear arms was unconstitutionally infringed when he was barred from possessing his firearm when he had never been convicted of a felony or otherwise disqualified.
The Fifth Circuit Court of the U.S. agreed. The government appealed to the U.S. Supreme Court which has yet to rule on this issue at the time of this writing. Outside of the Fifth Circuit, the federal law barring anyone with a domestic violence restraining order in force against them from possessing a firearm is still binding throughout the U.S. until the appeal is decided.
Florida and Federal Penalties for Illegal Possession of a Firearm
Unlawfully possessing a firearm in Florida is punishable as a third-degree felony and carries a penalty of up to 5 years in prison and a $5,000 fine.
The federal law imposes a much more severe penalty for unlawfully possessing a firearm. Federal penalties permit a prison sentence of up to 10 years to be imposed, along with a fine of up to $250,000.
Experienced Florida Firearm Criminal Defense Law Firm in Tampa
Defending against criminal charges relating to illegal possession of firearms requires an attorney whose knowledge of the law and skill in the courts was acquired over years of experience. Stechschulte Nell, Attorneys at Law in Tampa has successfully represented people charged with gun crimes in both Florida state court and federal court for many years.
