Florida’s new No Permit Concealed Carry Law makes important changes to the legal requirements that previously applied to Florida gun owners. Understanding the new no-permit-needed law is essential for every gun owner in Florida because misreading the statute can result in criminal charges when the person acts outside of the new law’s provisions.
At Stechschulte Nell, Attorneys at Law in Tampa, we are committed to ensuring that everyone knows what the law provides for. No one should have to learn about criminal law the hard way, by being arrested and prosecuted. If you have questions about the new Florida no-permit carry law, or if you have been charged with a Florida gun-law crime, call us at The Stechschulte Nell Law Office. We use our extensive criminal defense experience to help people just like you every day.
What Changed Under the New No-Permit Carry Law in Florida?
Before the new no-permit law was enacted in early 2023, anyone who wished to carry a concealed firearm in Florida needed to comply with two significant requirements:
- submit to and pass a mandatory background check
- complete a firearm handling training course
Only after completing both of these requirements would Florida authorities consider issuing someone a permit to carry a concealed weapon. If you did not have a legal permit to carry a concealed firearm, the only way you could legally transport a firearm in Florida was in a locked container.
Now, no background check is required, and no prior training course needs to be completed. Any otherwise qualified person may carry a concealed firearm in Florida under the new law.
The former penalties for carrying a concealed firearm without a permit could range from those of a 1st-degree misdemeanor or a 3rd-degree penalty which included up to 1 year in jail and a $1,000 fine or up to 5 years in state prison and a $5,000 fine.
Who Is Qualified to Carry a Concealed Firearm Under Florida’s New No Permit Law?
Although concealed carry permits are no longer required by Florida law, a person must still meet other qualifications to legally carry a firearm. The following requirements still apply:
- Must be a United States citizen
- Must be at least 21 years old
- Must have no disqualifying felony convictions, no conviction for a crime relating to violence or drug abuse, and no misdemeanor charges for domestic violence.
Other remaining potential disqualifying circumstances include suffering from an alcohol or drug addiction, commitment to a mental institution, or having a dishonorable discharge from the military.
No-Permit Concealed Carry Law Is NOT Open Carry
The law permitting qualified Floridians to carry a concealed firearm without a permit does not authorize anyone to openly carry a firearm. Openly carrying a firearm is illegal in Florida and is punishable as a second-degree misdemeanor. The penalty can include up to 60 days in jail and a $500 fine.
Carrying a concealed weapon is permitted if it is not visible or openly displayed. It’s acceptable to have the firearm covered by clothing or otherwise obscured from others’ vision.
No-Permit Carry Law Exclusion Areas
There are several significant exclusion areas in which you may not carry a concealed weapon under the new no-permit concealed carry law. No one may carry a firearm openly or concealed in the following places:
- Any police, sheriff, or highway patrol station
- Any courthouse, courtroom, or polling place
- Any school or college event that is unrelated to firearms
- Any school administrative building, elementary school, secondary school, college, or university facility
- Any establishment with the main purpose of serving alcohol
- Any place where federal law prohibits carrying a firearm
Locations Where Carry-Permit Still Required by Federal Law
The Federal Gun-Free School Zones Act (GFSZA) is a federal criminal statute prohibiting the possession of a firearm within 1,000 feet of a school. There are limited exceptions to this bar on firearms in school zones that allow some persons “with carry permits” to possess firearms in the school zone designated area.
This difference between Florida’s no-permit carry law and the federal prohibition of firearm possession within 1,000 feet of a school presents a legal risk to any Floridian who carries a gun without a permit near a school.
If you are driving by a school while carrying without a permit, you are technically in violation of the federal statute. You would be complying with federal law only if that gun was unloaded, locked, and in a container or secured to a vehicle rack.
If you frequent school zones because of family obligations or employment, you may still apply for and obtain a Florida carry permit by completing the background check and the training course. It would be wise to do so if you are likely to be present within a school zone.
However, if your firearm is on your personal property, in your home or on your land within 1,000 feet of a school, you are not violating federal law.
Get Florida’s Experienced Criminal Defense in Firearm Carry Offenses
Staying informed about Florida’s new No Permit Needed Concealed Carry Law is crucial for gun owners in the state. The changes in the law have significant implications, and misunderstanding or misinterpreting the statute can lead to criminal charges. At Stechschulte Nell, Attorneys at Law, we are committed to ensuring that individuals understand the law and their rights.
If you have questions about the new law or if you are facing charges related to Florida gun laws, don’t hesitate to reach out to our experienced criminal defense lawyers. Protect your rights and receive expert legal guidance by calling us at The Stechschulte Nell Law Office. Together, we can navigate the complexities of the law and work towards a favorable resolution.
