Florida’s new “concealed carry” law took effect on July 1, 2023. Under the new law, Floridians aged 21 and over no longer need to obtain a permit to carry a concealed firearm. But the new law has many people confused about exactly what the provisions cover and what obligations under the old law still apply.
The Tampa criminal defense firm Stechschulte Nell believes that everyone should fully understand the law that applies to their lives and their activities. The worst thing that can happen is someone learning about the law when it’s too late, after they’ve been arrested and charged with a crime. This article explains Florida’s new concealed carry law, but if you still have questions about the law, or you have been charged with violating the law, contact Stechschulte Nell, Attorneys at Law, for reliable legal advice and criminal defense services.
Understanding Concealed Carry
“Concealed carry” refers to carrying a concealed firearm in public, usually with the intention of personal defense. This concept is integral to the broader discussion of Second Amendment rights in the United States. In essence, the new law allows eligible individuals to carry firearms that are not openly visible, provided they follow the legal restrictions established by law.
Florida’s new law addresses several key aspects related to concealed carry:
No Permit Needed
Under the previous law, a person needed to obtain a permit from the state before they could legally carry a concealed firearm. That permit required that they complete a mandatory training course and submit to a background check.
Under the new statute, the permit requirement has been eliminated. But a person must still meet other eligibility requirements in order to comply with the law.
- You must be 21 years old or older
- You may not have any felony convictions, either in Florida or in any other state or US territory
However, to “purchase” a firearm, the law still requires that you submit to a background check and a waiting period.
Open Carry Is Still Illegal
The new law does not allow anyone to openly carry a firearm in public, with a few very specific exceptions. Carrying a firearm openly in public is authorized only when someone is fishing, hunting, camping, target shooting, or in transit to and from these activities. If you are discovered openly carrying a firearm under other circumstances, the offense is a second-degree misdemeanor with a penalty of up to 60 days in jail and a $500 fine.
Underage Concealed Carry a Felony
The new law prohibits anyone under the age of 21 from carrying a concealed firearm, and the penalty is extremely harsh. If a 21-year-old driver has a pistol tucked into their belt, there is no violation of the law. If his 19-year-old passenger has an identical firearm under his shirt, they can be prosecuted for a felony and face a prison term of from three to ten years. There are exceptions for police officers and those in the armed services.
Permit Recognition
One significant feature of Florida’s new law is the recognition of concealed carry permits issued by other states. This means that individuals with valid out-of-state concealed carry permits can lawfully carry concealed firearms within Florida’s borders, subject to specific requirements and limitations.
Permits Still Available
While the new law eliminates the training program requirement to carry a concealed firearm, permits are still available for those who want one and who complete the safety training course. The benefits of holding a permit include reciprocal recognition of the permit in other states, and the ability to take immediate possession of a purchased firearm the same day rather than waiting three days.
No-Carry Zones
While the law extends concealed carry rights, it also designates certain areas as “no-carry zones.” These zones, such as schools, government buildings, and places of worship, prohibit the carrying of concealed firearms, regardless of a person’s permit status. This provision strikes a balance between individual rights and public safety concerns.
The concept of “concealed carry” has become a focal point in discussions about gun rights and public safety. Florida’s new law introduces a nuanced approach to concealed carry, balancing individual rights with public safety considerations. By recognizing out-of-state permits, designating no-carry zones, and establishing age restrictions, the law regulates concealed carry in a comprehensive manner.
Get Experienced Criminal Defense for Gun Law Violations
Understanding the law is a necessity when dealing with gun possession and concealed firearms. But misunderstandings happen all the time. If you are arrested and charged with a gun-related crime in Hillsborough County or Pinellas County, contact Stechschulte Nell, Attorneys at Law, for a vigorous defense using decades of courtroom experience and legal study.
Gun laws are always a hot topic between people of differing political viewpoints. Florida’s gun laws may seem more lenient than some other states where firearms are heavily regulated, but Florida’s penalties for gun law violations are still fierce.
If you have questions about how the law affects your rights to possess or carry a concealed firearm, or if you or your family member are being prosecuted for a gun-related crime in Florida, contact our office right away for sound legal advice and experienced criminal defense representation.
