Who is and is Not Allowed to Possess a Firearm in Florida?

• Jun 15 2018

Recent school shootings have raised many questions about firearm possession in Florida, especially given the enactment of some tough new gun control measures. While it is legal to own and carry a firearm, it is not as simple as that in Florida, and it is important to understand what laws apply to gun ownership in Florida and the consequences of breaking those laws.

Who Has the Right to Own a Gun in Florida?

Most people know that the right to bear arms is protected under the Second Amendment to the federal constitution. Florida has also enshrined this right in its state constitution, which says “the right of the people to keep and bear arms in their own defense shall not be infringed, except that the manner may be regulated.” Thus, under Florida’s constitution, the state has the ability to regulate who can and cannot have a firearm.

Firearm purchase, possession and carrying are separate issues. Florida generally restricts purchases by people under 21, with statutory exceptions, but this is not a blanket ban on every under-21 person possessing a firearm. Separate rules govern minors and eligibility to carry.

State and federal possession restrictions can arise from felony convictions, qualifying domestic-violence convictions or court orders, risk protection orders, certain mental-health adjudications or commitments, unlawful controlled-substance use and other disqualifying circumstances. General restoration of civil rights does not necessarily restore firearm rights. The exact restriction and any relief must be reviewed individually.

Concealed carry under current Florida law

Since July 1, 2023, eligible adults may carry a concealed weapon or firearm without a Florida concealed-weapon license. A license remains available. Under section 790.01, the State must prove both lack of a license and ineligibility under the listed criteria for a charge under its concealed-carry provisions. Carrying without a license is not, by itself, proof of a crime.

A person relying on permitless concealed carry must carry valid identification and display it on an officer’s demand. Eligibility restrictions and prohibited-place rules still apply. The general age requirement is 21, with statutory military exceptions; citizenship or permanent-resident status and other disqualifying conditions must also be reviewed.

Section 790.001 defines concealed weapons and concealed firearms. Whether an item is a weapon, whether it was concealed from ordinary sight, and whether it was carried on or about the person depend on the statutory definitions and facts. For a person who does not meet the authorization criteria, unlawful concealed carrying of a weapon can be a first-degree misdemeanor; unlawful concealed carrying of a firearm can be a third-degree felony. Statutory exceptions may apply.

Places and conduct that remain restricted

Permitless carry does not authorize possession everywhere. Section 790.06(12) restricts carrying in specified places, including police stations, detention facilities, courthouses, courtrooms, certain government meetings, and specified school and college settings, subject to the statute’s exceptions. Federal restrictions and private-property rights may also apply. Purchase, possession, concealed carry and open carry are separate legal questions.

In September 2025, McDaniels v. State held Florida’s general open-carry ban unconstitutional. Official enforcement guidance explains that other possession, location and improper-display restrictions remain. The printed text of section 790.053 should not be treated as a universally enforceable general ban.

Defenses to a concealed-carry charge

We examine licensing or permitless-carry eligibility, whether the item and manner of carrying meet the statutory definitions, the legality of the search, and any applicable self-defense-device, vehicle, evacuation or other exception. A firearm in a vehicle is not automatically unlawful; secure encasement and lawful-possession rules require a fact-specific analysis.

What Do Florida Purchase Restrictions Mean for Firearm Owners?

The 2018 Marjory Stoneman Douglas High School Public Safety Act raised Florida’s general firearm-purchase age to 21, established additional waiting-period rules and prohibited bump-fire stocks under state law. Purchase and waiting-period exceptions require separate review; these rules should not be confused with permitless concealed-carry eligibility.

What are the Penalties for Violating Florida’s Gun Laws?

Florida does not treat violations of its gun possession laws lightly. If you violate a Florida gun possession law, you are facing stiff penalties, including mandatory minimum sentences, significant jail time, and fines. It can also lead to the loss of your rights as a citizen and gun owner.

What Do I Do if I Am Charged With Violating a Florida Gun Law?

Because of the stiff penalties associated with weapons violations, they are serious matters. If you are facing a weapons charge involving a firearm, you need a lawyer. The attorneys at Valiente Law have experience defending individuals against weapons charges in the courtroom and are ready to use their knowledge of Florida’s gun laws to defend you to the fullest extent. Contact Valiente Law today to discuss your options.

Posted in: Gun Laws