FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Florida Gun Laws

Share this state
Table of Contents

Introduction

As it relates to reciprocal carry, Florida has a well-developed and maintained non-resident license program. Florida resident and non-resident licenses are well regarded both in terms of training and materials. Florida has approximately 19,000,000 residents, and spans over two (2) time zones. It shares its northern border with Alabama and Georgia.

Share
Ask a question about this

A. State Constitution

Regarding the right to bear arms, the Florida Constitution states:

“(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.”

[http://gunla.ws/FL1]

Share
Ask a question about this

B. Scope of Preemption

The controlling language of the Florida preemption statute is set forth as follows:

“Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.”

[http://gunla.ws/FL2]

Share
Ask a question about this

C. Reciprocal Carry

By statute, Florida will recognize another state’s license to carry:

“(1) A resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident: (a) Is 21 years of age or older; and (b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.  (2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.” [http://gunla.ws/FL3]

Share
Ask a question about this

D. Duty to Inform Officers

Florida does not require individuals to inform a LEO of a permit or license to carry but if an Officer asks about a weapon, by law, an answer must be supplied. You must carry your license, together with valid identification, at all times in which You are in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a LEO. [http://gunla.ws/wv34]

Share
Ask a question about this

E. NFA Items

Florida permits ownership of all NFA items, except DDs, provided they are legally obtained pursuant to federal law.  Hunting with suppressors is legal. Making, possessing, throwing, projecting, or discharging any destructive device, or any attempt to do so is a felony in Florida. [http://gunla.ws/crro]

Share
Ask a question about this

F. Duty to Inform

No. Georgia does not require individuals to inform a LEO of a permit or license to carry immediately on contact, but if an Officer asks about a weapon, by law, an answer must be supplied. You must carry your license, together with valid identification, at all times in which You are in actual possession of a firearm and must display both the license and proper identification upon demand by a LEO. [http://gunla.ws/18bl]

Share
Ask a question about this

F. Carrying Firearms in Vehicles

Florida allows carrying of long guns in vehicles without a permit. Handguns may only be carried without a permit if they are not readily accessible to the driver, such as being in a locked container or in the trunk. [http://gunla.ws/FL4]

Share
Ask a question about this

G. Self-defense Laws

Florida has both Castle Doctrine and SYG laws. There is no duty to retreat when attacked in any place You have a legal right to be, and You may use deadly force in self-defense if You reasonably believe it is imminently necessary to prevent death or SBI, or to stop the unlawful & forcible entry into Your dwelling, residence, or occupied motor vehicle. [http://gunla.ws/FL5]

Share
Ask a question about this

H. Waiting Period

Florida imposes a three (3) day waiting period, which does not count weekend or holidays, before purchasing a firearm. This waiting period is waived for holders of a valid Florida license to carry. Holders of a valid Florida license to carry are also exempt from state background checks, but not federal ones. Florida does not require a waiting period for the purchase of long guns (rifle/shotgun). [http://gunla.ws/d22w]

Share
Ask a question about this

I. Criminal Provisions

A license to carry a handgun is not valid in any of the following places or circumstances, whether it is issued by Florida, or a person is carrying pursuant to a reciprocity agreement between his or her state of license and Florida:

  • A firearm must be stored in a locked container with a trigger lock so as to be unattainable to a minor under the age of 18
  • A person carrying a weapon should not exhibit the weapon in a rude, careless, angry, or threatening manner, unless in self-defense
  • A person carrying a weapon should not exhibit the weapon on public or private school grounds or facilities, a school bus, a school bus stop, at school-sanctioned activities, or within 1,000 feet of school property or any professional athletic event
  • Discharge of a firearm in a public place, or on a public road, including from inside a vehicle (within 1,000 feet of any person), unless in self-defense
  • Use a firearm (have it readily accessible and loaded) while under the influence of alcohol, controlled, or chemical substance, which impairs a person’s normal faculties.
  • An individual shall not carry a firearm if they habitually use alcohol or other substances to impair his or her normal functions

For a list of places where carrying a firearm is prohibited, see:

[http://gunla.ws/FL7]

Share
Ask a question about this

J. Do “No Gun Signs” Have the Force of Law?

No. “No Firearm” signs in Florida do not have the force of law unless they are posted on property that is specifically mentioned in state law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to criminal charges.

Share
Ask a question about this

K. Carry in Restaurants That Serve Alcohol

Yes. There is no law stating it is illegal. You can carry in a restaurant that serves alcohol. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then it is suggested that You not carry into the establishment. This does not include a bar or the bar area of a restaurant. You are prohibited from consuming alcohol while carrying a firearm. [http://gunla.ws/dodq]

Share
Ask a question about this

L. Open Carry of Firearm

Open carry is generally not legal in Florida. Exceptions include in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities. Florida recently decriminalized the temporary exposure of a firearm by concealed firearms license holders, protecting them from being arrested and charged with a crime for the temporary and open exposure of a firearm.

[http://gunla.ws/rvh2] & [http://gunla.ws/awak]

Florida’s laws on weapons and firearms may be accessed here:

[http://gunla.ws/FL6]

Share
Ask a question about this


FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More