Florida Concealed Carry Firearm Laws

Florida: Gun Laws Summary

Florida is a shall-issue state with concealed weapons licenses issued at the state level by the Florida Department of Agriculture and Consumer Services (FDACS). There is no license, background check or firearms registration required when buying a handgun from a private individual. Buyers must be at least 21 years old to purchase any firearm and although several counties have enacted ordinances establishing waiting periods for some purchases from non-licensed sellers (often at gun shows), Florida Concealed Weapons License (CWL) holders are exempt.

Use of Force

A person is justified in using or threatening to use force, except deadly force, when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

Use of Deadly Force

A person is justified in using deadly force if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony or to prevent imminent death or great bodily harm to himself or herself or another. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground provided that the person is not engaged in a criminal activity and is in a place where he or she has a right to be.

The use of deadly force is further justified when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which the person is located. If the defendant is in his or her home or vehicle, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged perpetrator unlawfully entered or remained or attempted to remove another person against their will. A person who unlawfully and by force enters or attempts to enter another’s home or vehicle is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence.

[Fla. Stat. §§ 776.012, 776.013 & 782.02]

Self-Defense

Florida is a Castle Doctrine state. Under Florida law, there is no duty to retreat if you are attacked in any place you have a lawful right to be. Instead, you may stand your ground and meet force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.

Florida: Gun Laws at a Glance


Can You Concealed Carry Weapons Other Than Handguns in Florida?	Yes. Electronic weapons or devices, tear gas guns, knives and billies. [Fla. Stat. § 790.06(1)]
Does Florida Have Magazine Capacity Restrictions for Handguns?	No. Florida does not restrict the capacity of magazines for firearms.
Does Florida Have Ammunition Restrictions?	Yes. Armor-piercing bullets, exploding bullets, “dragon’s breath” shotgun shells, bolo shells and flechette shells are prohibited. [Fla. Stat. § 790.31(2)]
Does Florida Allow Constitutional Carry?	No. Florida does not recognize constitutional carry.
How Are Concealed Carry Licenses Issued in Florida?	Shall issue. Florida utilizes a shall-issue policy when assigning concealed carry licenses.
What is the Minimum Age in Florida to Get a Concealed Carry License?	The minimum age for concealed carry in Florida is 21 years old, or a member of the military or an honorably discharged veteran.
Is it Legal to Buy or Use Chemical Spray/Pepper Spray in Florida?	Yes, pepper spray is legal when carried solely for purposes of lawful self-defense and provided the device contains not more than two ounces of chemical. [Fla. Stat. § 790.053(2)(a)]
Is it Legal to Own a Taser or Stun Gun in Florida?	Yes. Stun guns and Tasers are legal to purchase and possess without a license. They can be openly carried for defensive purposes. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes can be carried in a concealed manner without a license. They are not allowed at school-sponsored events or on the property of any school, school bus, or school bus stop without authorization. [Fla. Stat.§§ 790.01(3)(b), 790.115, 790.053]
Is Open Carry Permitted in Florida?	Generally no. Persons licensed to carry a concealed firearm in Florida who possess a firearm in a concealed manner may “briefly and openly display” the firearm to the ordinary sight of another person, unless the gun is intentionally displayed in an angry or threatening manner, not in necessary self-defense. In addition, there are a few exceptions including the following: A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business; and A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place. [Fla. §§ 790.053 and 790.25(1)]

Florida: Carry Locations


Can you carry a concealed firearm in bars and restaurants that serve alcohol in Florida?	You can concealed carry in the restaurant area of an eatery that serves alcohol with a Florida concealed carry license or a permit/license from a state that Florida honors, unless posted. Concealed carry is not allowed in bars or the bar areas of restaurants. [Fla. Stat. § 790.06(12)(a)(12)]
Can you carry a concealed firearm at roadside rest areas in Florida?	Yes. with a Florida Concealed Weapons License or a CCW permit from a state that Florida honors.
Can you carry or possess a firearm on hotel property in Florida?	Florida statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
Can you carry a concealed handgun in a vehicle in Florida?	Yes, with a Florida Concealed Weapons License or a CCW permit from a state that Florida honors. Without a license, the firearm or other weapon must be securely encased or otherwise not readily accessible for immediate use. “Securely encased” means in a glove compartment, locked or unlocked; snapped in a holster; in a gun case, locked or unlocked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. [Fla. Stat. § 790.251][Fla. Stat. § 790.25(5)]
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Florida?	Yes, with a Florida Concealed Weapons License or a CCW permit from a state that Florida honors except as forbidden by federal law. See the National Parks webpage for links to each National Park in Florida. Furthermore, Florida state law allows open carry while engaged in fishing, camping or lawful hunting. [Fla. Stat. 790.025(3)(h)]
Does Florida have laws relating to storing firearms in private vehicles in an employee parking lot?	Yes. No public or private employer may prohibit a customer, employee or invitee from possessing a legally owned firearm or ammunition locked inside or locked to a private motor vehicle in a parking lot. In addition, no employer may inquire regarding the presence of a firearm or ammunition inside or locked to a private motor vehicle in a parking lot or search a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no employer may take any action against a customer, employee or invitee based upon verbal or written statements of any party concerning possession of a firearm or ammunition stored inside a private motor vehicle in a parking lot for lawful purposes. Employers may not condition employment on whether the applicant possesses a license to carry a concealed firearm or on the existence of an agreement by the applicant not to possess a firearm or ammunition in a locked vehicle in a parking lot. There are exceptions for correctional institutions, nuclear-powered electricity generation facilities, national defense businesses, aerospace businesses, homeland security businesses, and businesses that involve the manufacture, use, storage, or transportation of combustible or explosive materials. Please note that School districts may adopt written and published policies that prohibit the possession of concealed firearms within the interior of a private vehicle for the purposes of student and campus parking privileges. [Fla. Stat. § 790.251(7)]

Florida: Key State Laws


Does Florida issue concealed carry licenses to non-residents?	Yes. Florida issues licenses to non-residents. [Fla. Stat. § 790.06(2)(a)]
Does Florida allow the public to access concealed carry registry information through public records law?	No, however the information is available for law enforcement. [Fla. Stat. § 790.0601(2)]
Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Florida?	No. There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Florida, unless the officer asks. [Fla. Stat. § 790.06(1)]
Does Florida state law define brandishing?	No definition of brandishing was found in Florida law. [Fla. Stat. Ann. § 790.10]
Is my Florida driver’s license linked to my Florida concealed weapons license?	No. Your Florida driver’s license is not linked to your Florida concealed weapons license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. [Fla. Stat. § 790.06(1)(c)]
Does Florida enforce “No Weapons Allowed” signs?	No. Florida does not enforce “No Weapons Allowed” signs. [Fla. Stat. § 790.33]
Does Florida have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes. The state has full preemption over all gun laws for handguns and long guns. In addition, a local official who knowingly and willfully violates the statute shall be fined up to $5,000; may not be indemnified for the costs of defending himself or herself; and may be removed from office by the governor. Per the passage of SB 1884, as of July 1, 2021, a person can maintain a legal action against a preempted local regulation applies even if the local regulation is unwritten. [Fla. Stat. § 790.33]
Does Florida have a red flag law?	Yes. Florida has a red flag law. A petition for a risk protection order may be filed by a law enforcement officer or law enforcement agency prohibiting the respondent from having in his or her custody or control, purchasing, possessing, or receiving, a firearm or any ammunition for up to 12 months. [Fla. Stat. § 790.401(1)(a), (2)(a)]
Does Florida have laws regarding carrying a concealed firearm while using alcohol or chemical substances?	A person may not discharge a firearm or have a loaded firearm in the person’s hand while under the influence of alcoholic beverages, any chemical substance set forth in § 877.111, or any substance controlled under § 893, when affected to the extent that his or her normal faculties are impaired. This statute does not apply to persons exercising lawful self-defense or defense of one’s property. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences. [Fla. Stat. § 790.151]

Florida: Handgun Purchase and Possession


Can I possess/carry a handgun in my home without a license?	Yes. Anyone legally entitled to carry a firearm may open or conceal carry in his or her home or place of business without a license. [Fla. Stat. § 70.25(3)(n)]
Does my current Florida concealed carry license exempt me from needing a background check when I purchase a firearm?	No.
Is a permit required to purchase a handgun in Florida?	No. A permit is not required when purchasing a handgun in Florida. The minimum age to purchase a firearm is 21.
Is there a waiting period after purchasing a handgun in Florida?	Yes, it is either 3 business days or the time it takes to complete the required criminal background check — whichever occurs later. The waiting period does not apply to holders of concealed weapons licenses.
Do handguns need to be registered in Florida?	No. Florida does not require handgun registration.
What is the minimum age to possess and transport a handgun in Florida?	You must be at least 18 years old to possess or transport a handgun in Florida, except in the following situations. A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless: The minor is engaged in a lawful hunting activity and is:1. At least 16 years of age; or2. Under 16 years of age and supervised by an adult. The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:1. At least 16 years of age; or2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian. The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b). [Fla. Stat. § 790.17 and 790.22]
Are background checks required for private gun sales in Florida?	No. Florida has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. The Florida Constitution states the following: “Each county shall have the authority to require a criminal history records check and a three to five day waiting period (excluding weekends and legal holidays) in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term ‘sale’ means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons license as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.” [Fla. Const. art. VIII, § 5(b)]