Other Florida Firearm Laws Worth Knowing

Florida firearm law has several topics that don't fit neatly into the canonical permit, carry, and use-of-force sections. This catalog covers magazine capacity (no state limit), body armor, knives under the § 790.001(13) "weapon" definition, the federal pistol-brace rule, suppressors and other NFA items, antique firearms, lost-and-stolen reporting (no mandate), estate inheritance, the narrow college stun-gun carve-out at § 790.06(12)(a)13, the religious-property carry rule at § 790.06(13), the Federally Protected Persons rule, and the § 790.01(5) hurricane-evacuation carve-out. Each topic gives the bottom-line answer first, then the statute, then the nuance.

Magazine Capacity: No State Limit

Florida does not impose any magazine capacity limit. Standard-capacity and high-capacity magazines are lawful to own, possess, transport, and use anywhere in the state. Chapter 790 of the Florida Statutes contains no capacity-based restriction, and "magazine" appears in Chapter 790 only in incidental, definitional contexts. The Chapter 790 prohibited-weapons framework focuses on machine guns, short-barreled rifles and shotguns, suppressors (subject to the federal NFA exception), armor-piercing ammunition, and similar categorical items, but contains no magazine-capacity item.

This matters operationally because several states impose hard capacity caps (California, New York, New Jersey, Colorado, Washington, and others). A Florida CWFL holder who travels with a 17-round factory Glock 17 magazine, a 30-round AR-pattern magazine, or a 33-round PMAG is lawful in Florida without qualification. Cross a state line into a capacity-limit jurisdiction and the federal Firearm Owners Protection Act safe-harbor at 18 U.S.C. § 926A may protect transport (unloaded, locked, separate from ammunition, in a vehicle making an otherwise-lawful trip), but it does not protect possession at the destination. Florida's preemption statute further blocks any city, county, or special-purpose district from adopting a magazine-capacity ordinance, so there is no Florida jurisdiction in which a different rule applies.

For instructors: the answer is whatever fits and whatever the firearm will accept. There is no ceiling.

Body Armor

Body armor is generally lawful for civilian purchase, possession, and use in Florida. There is no Florida CWFL or registration requirement to own body armor, and no general state-law prohibition on wearing it in public.

The narrow Florida exception sits at Fla. Stat. § 775.0846, which makes it a third-degree felony for any person to wear or possess a "bulletproof vest" while committing or attempting to commit one of the enumerated predicate offenses: murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with felony intent, a criminal gang-related offense under chapter 874, a controlled substance offense under chapter 893, or aircraft piracy. The § 775.0846 violation is a separate offense layered on top of the predicate. The statute defines "bulletproof vest" by performance: a body covering of at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at 850 feet per second (the "threat level I" floor).

The federal layer is parallel. Under 18 U.S.C. § 931, a person convicted of a federal or state "crime of violence" felony is barred from purchasing, owning, or possessing body armor, with a narrow employment-related affirmative defense. Florida's general felon-in-possession framework at Fla. Stat. § 790.23 covers firearms, electric weapons, and ammunition, but does not separately prohibit a felon from possessing body armor outside the § 775.0846 commission-of-felony context.

For non-prohibited civilians, soft Level IIIA carriers and Level III/IV rifle plates are lawful to buy, own, wear, and store. § 775.0846 is triggered by use during a predicate felony, not by ownership.

Knives and the § 790.001(13) "Weapon" Definition

Florida knife law runs through Chapter 790's definitions rather than a standalone knife statute. Under Fla. Stat. § 790.001, "weapon" is defined to mean "any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife." The "concealed weapon" definition at § 790.001 then runs the same listing for purposes of the carry-without-license offense at § 790.01.

Three operational consequences follow. First, a "common pocketknife" is expressly carved out of the "weapon" definition. Florida case law (most notably L.B. v. State, 700 So. 2d 370 (Fla. 1997)) treats a folding knife with a blade of approximately four inches or less as a common pocketknife as a matter of law in most circumstances; the Attorney General opinion 89-61 used a similar yardstick. Carrying a common pocketknife concealed is not a § 790.01 offense.

Second, a "dirk" or other fixed-blade fighting knife is a "weapon" under § 790.001(13). Carrying such a knife concealed without a CWFL is a second-degree misdemeanor under § 790.01. A CWFL covers concealed firearms and concealed weapons, so a CWFL holder may carry a dirk concealed wherever a concealed handgun would be lawful.

Third, knife open-carry is governed by the Chapter 790 weapon framework rather than a knife-specific rule. An openly carried sheath knife is generally lawful where openly carried weapons are lawful; the categorical place restrictions at § 790.06(12) and § 790.115 apply to "weapons" by reference and therefore reach knives.

For instructors: a four-inch folder is the safest pocket-carry item statewide; anything longer or fixed-blade is a "weapon" requiring CWFL coverage to carry concealed.

Pistol Braces and the Federal ATF Rule

Florida has no state-law rule on pistol braces. The state's "short-barreled rifle" framework tracks the federal NFA definition by reference, which means whatever the federal rule says about braced pistols controls in Florida.

The federal status is currently disputed. ATF Final Rule 2021R-08F, "Factoring Criteria for Firearms with Attached 'Stabilizing Braces,'" 88 Fed. Reg. 6478 (Jan. 31, 2023), declared that most braced pistols meet the NFA definition of a short-barreled rifle, requiring registration and a $200 making tax. Subsequent federal litigation has produced injunctions, vacaturs, and stays, and the legal posture continues to evolve through the courts.

For Florida residents, the practical guidance is conservative: Florida has no state-level pistol-brace rule, but the federal rule and the federal litigation control. An owner of a braced pistol should track the current status of the rule, the scope of any nationwide injunction, and any open ATF amnesty registration window before relying on a particular configuration. A Florida CWFL class is not the place to give definitive federal-rule advice; it is the place to flag that the rule is federal, that it is disputed, and that the student needs current counsel before building or modifying.

Suppressors and Other NFA Items

Suppressors are lawful in Florida for civilians who comply with the federal National Firearms Act process. The same rule applies to short-barreled rifles, short-barreled shotguns, machine guns, and any other weapon (AOW) properly registered with ATF.

The federal NFA at 26 U.S.C. ch. 53 and ATF regulations at 27 C.F.R. § 479.11 are the entire process for civilians: select the suppressor from a licensed dealer, submit a Form 4 transfer application (or Form 1 to manufacture) with fingerprints, photographs, and the $200 transfer or making tax, wait for ATF approval, then take possession on the tax stamp. There is no separate Florida state permit, registration, or fee for a suppressor. NFA trusts are lawful in Florida and are commonly used for shared possession and estate planning. Florida hunting regulations permit suppressor use for taking game where the underlying hunting license and method-of-take rules are otherwise satisfied.

For machine guns, the federal Hughes Amendment limits civilian-transferable machine guns to those registered before May 19, 1986, and the same NFA process applies. For SBRs and SBSs, the procedure mirrors the suppressor process. The Florida prohibited-weapons framework defers to the federal NFA registration; an item registered on a current ATF tax stamp is not a Chapter 790 contraband item.

Antique Firearms

Antique firearms occupy a separate space under federal law that flows through into Florida practice. Under 18 U.S.C. § 921(a)(16), an "antique firearm" is any firearm manufactured in or before 1898, or any replica of such a firearm not designed to use rimfire or conventional centerfire fixed ammunition, or a muzzleloading rifle, shotgun, or pistol designed to use black powder or a black-powder substitute and not capable of using fixed ammunition. Antique firearms are excluded from the federal definition of "firearm" at 27 C.F.R. § 478.11, which means they are not subject to FFL transfer requirements, Form 4473, or NICS background checks at retail.

Florida does not impose a separate antique-firearm regime. Pre-1899 cap-and-ball revolvers, flintlock long rifles, and similar antiques sit outside the FFL/NICS apparatus for transfer and are generally treated under Florida's "weapon" framework rather than the firearm-specific provisions of Chapter 790. The federal felon-in-possession bar at 18 U.S.C. § 922(g) is keyed to "firearm" and therefore does not reach antiques as defined; Florida's § 790.23 felon-in-possession statute does reach "firearms" and "ammunition" as defined in § 790.001 and may reach a black-powder revolver depending on configuration. A Florida resident with a felony conviction should not assume the antique carve-out resolves their state-law disability without specific legal advice.

For estate, gift, and private-sale purposes, antiques can be transferred without an FFL or background check. Common-sense limits apply: do not assume an antique reproduction with modern centerfire chambering falls within the carve-out.

Lost or Stolen Firearm Reporting

Florida does not impose a statutory duty to report a lost or stolen firearm to law enforcement. There is no Chapter 790 provision that makes failure to report a missing firearm a separate offense. Florida sheriff's offices and local police departments uniformly accept lost-and-stolen reports and recommend filing them, but the recommendation is operational, not statutory.

The practical reasons to file anyway are substantial. A timely lost-and-stolen report with serial number, make, model, and date creates the record that protects the original owner if the firearm is later recovered at a crime scene or used in an offense. NCIC entry by the receiving agency creates a national hit at any future law-enforcement contact. The report is also evidence of due diligence in any later civil claim or insurance recovery.

The 2022 federal Bipartisan Safer Communities Act expanded the federal straw-purchase statute (now 18 U.S.C. § 932) but did not create a federal lost-or-stolen reporting mandate for private owners. The FFL-side reporting obligation under 18 U.S.C. § 923(g)(6) (dealers must report theft within 48 hours) is unchanged and applies only to FFLs, not private owners.

Instructor takeaway: there is no Florida state mandate to report. There are good reasons to do it anyway, and a student's choice to file or not is not a state-law violation either way.

Estate Inheritance and NFA Items

Inheriting a non-NFA firearm in Florida involves no special state-law process. The personal representative of the estate distributes the firearm to the named beneficiary or to the heir under the Florida Probate Code, and the receiving heir must be eligible to possess under 18 U.S.C. § 922(g) and Fla. Stat. § 790.23. There is no Florida-specific transfer paperwork, no FFL requirement, and no background check between estate and beneficiary.

NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, AOWs, destructive devices) are governed by federal law. The transfer mechanism on death is ATF Form 5, "Application for Tax-Exempt Transfer and Registration of Firearm" (per 27 C.F.R. § 479.90 and ATF guidance). Form 5 transfers an NFA item from the estate of a deceased registered owner to a lawful heir tax-free, but the heir must still be a person not prohibited under federal law and must complete the ATF approval process before taking possession. The executor's lawful possession during probate is recognized under federal law, but actual transfer to the heir requires Form 5 approval.

NFA trusts simplify this substantially. If the deceased's NFA items were registered to a properly drafted gun trust with successor trustees and beneficiaries identified in the trust instrument, the items remain in the trust on death without a Form 5 transfer; control passes through trust succession instead. For Florida residents with multiple NFA items or a planned estate, the trust route generally produces a smoother transition than the personal-registration route.

The College Stun-Gun Carve-Out at § 790.06(12)(a)13

College and university facilities sit on the § 790.06(12) prohibited-place list, but with a narrow carve-out that no other Florida prohibited-place item shares. Under Fla. Stat. § 790.06(12)(a)13., a CWFL holder may not carry into "any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile."

Three conditions must all be satisfied. First, the carrier must be a registered student, employee, or faculty member of the specific college or university. A CWFL holder visiting another institution does not qualify. Second, the device must be a stun gun or nonlethal electric weapon designed solely for defensive purposes. A direct-contact stun device qualifies; a TASER-style projectile-firing electronic control device does not. Third, the device cannot fire a dart or projectile, which excludes most TASER-brand consumer products.

The § 790.115 school-property statute uses a broader "school" definition that includes postsecondary schools and does not contain a comparable stun-gun carve-out for primary or secondary schools. The § 790.06(12)(a)13. exception is a one-place carve-out for college and university facilities only, and it does not extend the right to a concealed firearm - only to a non-projectile defensive electric device.

Religious Property: § 790.06(13)

Florida resolved the church-carry question by statute. Under Fla. Stat. § 790.06(13), "a person licensed under this section may carry a concealed weapon or concealed firearm on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution." The same subsection preserves the religious institution's private-property rights: the rule "does not limit the private property rights of a church, synagogue, or other religious institution to exercise control over property."

The operational effect is twofold. A CWFL holder may carry on religious-institution property by default - the prior question of whether a church could authorize CCW on premises also serving a school or daycare is largely resolved in favor of CCW for the religious activity itself. And a religious institution remains free to post notice or otherwise restrict carry on its property; the § 790.06(13) right does not override the property owner's choice to exclude.

For instructors: the default under § 790.06(13) is "yes, with a CWFL"; the exception is a posted or otherwise communicated property-owner restriction.

Federally Protected Persons and Federal-Law Catch-All

Florida CWFL holders are subject to federal laws that prohibit firearms in particular places or near particular persons regardless of state license. Two federal frameworks come up most often.

First, 18 U.S.C. § 1751 and 18 U.S.C. § 879 create federal offenses for assaulting, kidnapping, threatening, or attempting to do so against the President, Vice President, members of Congress, Cabinet members, Supreme Court Justices, certain other federal officials, and protected family members, including offenses keyed to the use of a firearm. The Secret Service may establish protective zones around protected persons; firearms within those zones are unlawful regardless of state CCW status. A CWFL holder who finds themselves within a Secret Service protective perimeter (campaign event, official visit) must comply with the federal directive even if the venue would otherwise be a § 790.06-permissible carry location.

Second, Fla. Stat. § 790.06(12)(a)15. closes the loop with a state-law catch-all: a CWFL holder may not carry into "any place where the carrying of firearms is prohibited by federal law." Federal courthouses, post offices, military installations, federal facilities posted under 18 U.S.C. § 930, TSA-secured airport areas, and federally protected persons' protective zones are all reached through this catch-all. A § 790.06(12)(a)15. violation is a state-law offense in addition to the federal exposure.

For instructors: the federal layer is independent of the Florida CWFL. Carrying lawfully under § 790.06 does not authorize carry into a federal-law prohibition zone, and § 790.06(12)(a)15. converts the federal prohibition into a state-law misdemeanor on top of the federal exposure.

The § 790.01(5) Hurricane-Evacuation Carve-Out

Florida's licensing-required carry offense at § 790.01 contains a state-of-emergency carve-out that students should know about because Florida runs hurricane evacuations on a regular basis. Under Fla. Stat. § 790.01(5)(a), a person does not violate the carry-without-license offense if the person "is lawfully in possession of a concealed weapon or a concealed firearm . . . and carries such concealed weapon or concealed firearm on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870."

The statute defines "in the act of evacuating" narrowly: the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48-hour window may be extended by an order issued by the Governor, but otherwise the carve-out is a tight evacuation-only window, not a general emergency-period suspension of the licensing requirement.

The carve-out applies to the § 790.01 unlicensed-carry offense; it does not waive the § 790.06(12) prohibited-place list or the federal-law catch-all at § 790.06(12)(a)15. A non-CWFL evacuee carrying a concealed handgun under § 790.01(5)(a) cannot use the evacuation carve-out to enter a courthouse, a school, or a federal facility en route to safety. The carve-out also does not authorize open carry, which Florida regulates separately.

Florida's broader Constitutional Carry framework, in effect since July 1, 2023, provides a year-round permitless concealed-carry option for Florida residents who would qualify for a CWFL. The § 790.01(5)(a) evacuation rule predates that framework and remains in the statute books. For an out-of-state resident in Florida during an evacuation, the § 790.01(5)(a) carve-out is the operative protection during the 48-hour window.

For instructors: Florida law provides a narrow but real shield against an unlicensed-carry charge during an active mandatory evacuation. Students should plan their hurricane go-bags with the 48-hour window in mind.

Florida Weapon Restrictions

Florida restricts firearm possession on two axes - by person (felons, those under 18, prohibited under federal § 922(g)) and by item (NFA-registered machine guns, short-barreled rifles, and short-barreled shotguns are lawful when properly registered; destructive devices and unregistered automatic weapons are categorically restricted). Fla. Stat. § 790.23 is the operative statute for the felon prohibition and reaches felons, certain juvenile delinquents under 24, and persons convicted of out-of-state or federal felonies. Fla. Stat. § 790.22 covers minors under 18. 18 U.S.C. § 922(g) runs in parallel and reaches several categories Florida does not directly criminalize, including drug users, dishonorably discharged servicemembers, and renouncers of citizenship. Penalties are severe: a § 790.23 violation is a felony of the second degree (up to 15 years, $10,000 fine), and a violation by a person who qualifies for the criminal-street-gang enhancement at § 874.04 is a felony of the first degree punishable by a term of years not exceeding life under § 790.23(4).

This section is the person-and-item companion to PROHIBITED_PLACES (place-based bans at § 790.06(12) and § 790.115) and OPEN_CARRY (manner-of-carry rule at § 790.053). For how you may carry, see CONCEALED_CARRY, OPEN_CARRY, and CONSTITUTIONAL_CARRY.

Person-Based Prohibitions: § 790.23 Felons and Delinquents

Section 790.23 is the master state-law prohibitor for chapter 790. It reaches firearms, ammunition, and electric weapons or devices, and covers ownership, care, custody, possession, control, and carrying a concealed weapon (including a tear gas gun or chemical weapon or device). The breadth matters: a Florida felon cannot lawfully own firearms or ammunition even if those items are stored where the felon cannot access them, and the statute reaches concealed non-firearm weapons that the rest of chapter 790 treats as a less-regulated category for non-prohibited adults.

Who is prohibited under § 790.23(1)

Five categories of persons are barred from possession:

1. Florida felons. § 790.23(1)(a) - a person convicted of a felony in this state's courts. The bar is lifetime unless civil rights and firearm authority are restored under § 790.23(2)(a) or the record is expunged under § 943.0515(1)(b) per § 790.23(2)(b).
2. Juvenile delinquents under 24 (Florida). § 790.23(1)(b) - a person under 24 found to have committed a delinquent act that would be a felony if committed by an adult.
3. Federal felons. § 790.23(1)(c) - convicted of any U.S. crime designated as a felony.
4. Out-of-state juvenile delinquents under 24. § 790.23(1)(d) - a person under 24 found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and was punishable by more than one year.
5. Out-of-state felons. § 790.23(1)(e) - a person convicted of a felony in another state, territory, or country punishable by more than one year.

The "punishable by imprisonment exceeding one year" language for out-of-state convictions tracks federal § 922(g)(1), so the state and federal disabilities run on substantially the same trigger for foreign convictions. Florida-court felony convictions trigger § 790.23 regardless of statutory maximum.

Restoration under § 790.23(2)

Section 790.23(2) carves out two exceptions: § 790.23(2)(a) - a person whose civil rights and firearm authority have been restored. Florida treats these as separate items: a clemency action restoring civil rights generally (vote, hold office, serve on a jury) does not automatically restore firearm authority. Both must be restored for § 790.23(2)(a) to apply. Restoration is administered through the Florida Office of Executive Clemency under the Governor and Cabinet. § 790.23(2)(b) - a person whose criminal history record has been expunged under § 943.0515(1)(b), a narrow path applicable primarily to certain juvenile records.

Federal overlay. A Florida restoration of civil rights and firearm authority restores state rights for § 790.23 purposes. Under 18 U.S.C. § 921(a)(20), a state conviction "for which a person has been pardoned or has had civil rights restored shall not be considered a conviction" for federal firearm purposes unless the restoration expressly restricts firearms. A clean Florida restoration is therefore generally treated as lifting § 922(g)(1). A federal felony requires federal restoration; a Florida pardon does not lift a § 922(g)(1) disability from a federal conviction.

Penalty under § 790.23(3) and (4)

Subsection (3) sets the baseline: felony of the second degree - up to 15 years under § 775.082 and up to $10,000 under § 775.083. Subsection (4) is the gang-enhancement uplift: notwithstanding § 874.04, if the § 790.23(1) offense was committed by a person who has previously qualified or currently qualifies for the criminal-street-gang enhancements at § 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life. Section 775.084 operates as an additional enhancement statute for habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, and violent career criminals; a § 790.23 conviction can stack with § 775.084 to produce mandatory minimums and extended terms.

Practical scope: ammunition and electric weapons

The firearm definition at § 790.001(9) reaches frames, receivers, mufflers/silencers, destructive devices, and machine guns. A Florida felon possessing a single round of ammunition or a stripped lower receiver violates § 790.23(1) on the same terms as one possessing an assembled handgun. Constructive possession applies: access and control suffice, even without physical possession at arrest. A non-prohibited spouse or roommate may lawfully own firearms in a shared residence, but those firearms must be stored such that the prohibited person cannot access them; otherwise both face charges.

Person-Based Prohibitions: § 790.22 Minors

Section 790.22 is the operative statute for minors. It contains two distinct rules at two age thresholds.

Under 16: BB guns, air guns, electric weapons

Under § 790.22(1), the use of BB guns, air or gas-operated guns, or electric weapons or devices by any minor under 16 is prohibited unless the use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent or guardian. An adult responsible for the welfare of a child under 16 who knowingly permits the child to use or possess any such device, or a firearm, in violation of subsection (1) commits a misdemeanor of the second degree under § 790.22(2) (up to 60 days; up to $500).

Under 18: firearm possession bar

Section 790.22(3): a minor under 18 may not possess a firearm, other than an unloaded firearm at his or her home, unless one of three exceptions applies - (a) lawful hunting (minor at least 16, or under 16 and supervised by an adult); (b) lawful marksmanship competition, practice, or other lawful recreational shooting (same age/supervision rules, plus parental consent for an adult supervising under-16); or (c) transport (unloaded, directly to or from an authorized event under (a) or (b)). The "unloaded firearm at home" carve-out is narrow - residential possession only, no loading and no carry outside the home.

Adult-side liability under § 790.22(4)(a)

A parent, guardian, or other adult responsible for the welfare of a minor who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree (up to 5 years; up to $5,000) - a substantial uplift from the § 790.22(2) misdemeanor for the under-16 BB/air/electric rule. The court may also order parenting classes or community service under § 790.22(4)(b).

Minor-side liability under § 790.22(5)(a)

A first offense is a misdemeanor of the first degree (up to 1 year; up to $1,000) with up to 5 days in secure detention plus 100 hours of community service. A second or subsequent offense is a third-degree felony (up to 5 years; up to $5,000), with longer detention and a residential commitment on a third offense. A withhold of adjudication counts as a prior offense. The court may also revoke the minor's driver's license. Any firearm possessed by a minor in violation of § 790.22 is seized under § 790.22(6).

Federal overlay for minors

Federal law at 18 U.S.C. § 922(x) bars non-licensee transfer of a handgun or handgun ammunition to a person under 18 (with narrow farming, ranching, target-practice, hunting, and education exceptions). Federal § 922(b)(1) bars FFLs from selling long guns to anyone under 18 or handguns to anyone under 21. Florida instructors running youth programs should confirm both the § 790.22 supervision-and-activity criteria and the § 922(x) federal restrictions before placing a firearm in the hands of a minor.

Furnishing Weapons to Minors: § 790.17

Section 790.17 is the adult-side furnishing prohibition. It reaches the transfer event rather than the possession event.

Subsection (1) - non-firearm weapons. Selling, hiring, bartering, lending, transferring, or giving any minor under 18 any dirk, electric weapon or device, or other weapon other than an ordinary pocketknife, without permission of the parent or guardian is a misdemeanor of the first degree (up to 1 year; up to $1,000). The same subsection bars the same transfer to any person of unsound mind of an electric weapon or device or any dangerous weapon other than an ordinary pocketknife.

Subsection (2) - firearms. Under § 790.17(2)(a), a person may not knowingly or willfully sell or transfer a firearm to a minor under 18, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A violation is a felony of the third degree (up to 5 years; up to $5,000). § 790.17(2)(b) clarifies that even where ownership is permissibly transferred, the parent or guardian must maintain possession of the firearm except as authorized by § 790.22. A parent may give title to a minor with consent but retains the duty of physical custody until the minor is in a § 790.22 lawful-use scenario. Federal § 922(x) sits on top: a parent giving a 17-year-old a long gun under § 790.17(2)(a) is generally compliant federally; the same parent giving a 17-year-old a handgun is exposed under § 922(x) absent a qualifying exception.

Display or Use of Firearm in Commission of Felony: § 790.07

Section 790.07 is a standalone offense layered on top of an underlying felony - a sentencing-enhancement-style crime that increases exposure when a weapon is involved.

• § 790.07(1) - Display, use, or carry of any weapon or electric weapon or device, or carry of a concealed weapon, while committing or attempting to commit any felony or while under indictment - felony of the third degree (up to 5 years).
• § 790.07(2) - Same conduct with a firearm - felony of the second degree (up to 15 years; up to $10,000).
• § 790.07(4) - Recidivism uplift: prior § 790.07 conviction plus reoffense - felony of the first degree (up to 30 years); sentence shall not be suspended or deferred.

Section 790.07(3) excludes antitrust, nonsupport, bigamy, and similar offenses. Section 790.07 stacks with the underlying felony, and Florida's 10-20-Life statute (§ 775.087) imposes additional mandatory minimums when a firearm is used in certain enumerated felonies. A non-prohibited person who commits a felony while carrying a firearm - even a lawfully concealed firearm - adds § 790.07(2) exposure on top of the underlying offense.

Item-Based Prohibitions: § 790.001 Definitions and Federal NFA

Florida does not have a single clean state-level "prohibited weapons" list. Item-based restrictions in Florida flow through chapter 790 definitions paired with the federal NFA at 26 U.S.C. ch. 53.

Destructive devices. Section 790.001(4) defines "destructive device" broadly: any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing explosive, incendiary, or poison gas; combinations of parts intended for conversion into one; any device declared a destructive device by ATF; any weapon with a bore of one-half inch or more designed to expel a projectile by explosive action; and ammunition for such devices. Excluded: shotguns other than SBSs, nonautomatic rifles (other than SBRs) suitable for big-game hunting, signaling devices, and items not designed as weapons. A destructive device is a "firearm" under § 790.001(9), so a § 790.23 prohibited person possessing one violates § 790.23. A non-prohibited person possessing a federally registered destructive device under 26 U.S.C. ch. 53 is lawful in Florida.

Machine guns, SBRs, SBSs, suppressors. Section 790.001(13) tracks the federal machine-gun definition; § 790.001(16)-(17) track federal SBR (under 16-inch barrel or under 26-inch overall) and SBS (under 18-inch barrel or under 26-inch overall) definitions. Suppressors (firearm mufflers/silencers) are expressly included in § 790.001(9). Florida does not impose a state-level ban on any of these items for non-prohibited adults. A federally registered transferable pre-1986 machine gun, registered SBR/SBS, or registered suppressor under 26 U.S.C. ch. 53 is lawful in Florida; Florida permits suppressor use for hunting. The NFA_ITEMS section covers Form 1/Form 4 procedure, $200 tax, fingerprints, photographs, and CLEO notification.

Carry of these items. Concealed carry under § 790.01(1) and § 790.013 authorizes carry of a "concealed firearm." Form factor makes concealed carry of an SBR impractical; federal registration paperwork must accompany the firearm during interstate transport (see TRANSPORT). Open carry of a long gun on public streets is lawful for a qualifying adult since McDaniels struck § 790.053 in 2025, subject to the § 790.10 improper-exhibition statute, prohibited-places rules, and federal law (see OPEN_CARRY).

Discharge Offenses: § 790.15 and § 790.19

Section 790.15 baseline: knowing discharge in a public place, on a paved public-road right-of-way, or over occupied premises, and reckless or negligent discharge outdoors on residential property - first-degree misdemeanor. Discharge from a vehicle within 1,000 feet of any person is a second-degree felony (§ 790.15(2)); directing another to discharge from a vehicle is a third-degree felony (§ 790.15(3)). Section 790.19 punishes wantonly or maliciously shooting at any building or vehicle as a second-degree felony. These bound the lawful use envelope: a CWFL holder or constitutional carrier who discharges outside the scope of § 776.012 or § 776.013 may face § 790.15 or § 790.19 charges on top of underlying assault, battery, or homicide exposure.

Federal § 922(g) Overlay

18 U.S.C. § 922(g) prohibits firearm or ammunition possession (and shipment, transport, and receipt in or affecting interstate commerce) by:

The federal overlay matters in three concrete situations Florida instructors see often:

1. Marijuana users. Florida medical marijuana cardholders and any other user of marijuana - recreational, medical, or otherwise - are unlawful users of a controlled substance under § 922(g)(3) regardless of state authorization. ATF Form 4473 question 21.f bars Form 4473 acquisitions by any marijuana user, and § 922(g)(3) bars possession. There is no parallel categorical bar at § 790.23, but federal exposure is constant. Florida CWFL eligibility under § 790.06(2)(j) addresses chronic-and-habitual use; § 922(g)(3) reaches non-chronic users as well.

2. MCDV. A Florida misdemeanor for domestic battery may be a "misdemeanor crime of domestic violence" under 18 U.S.C. § 921(a)(33). The federal definition does not require that the qualifying domestic relationship be an element of the convicting statute. Florida § 790.065(2)(a)2 incorporates the federal MCDV bar at the dealer counter; § 790.06(3) requires CWFL denial for any misdemeanor crime of violence within three years. The federal § 922(g)(9) bar is permanent; the Florida § 790.06 three-year CWFL bar is time-limited. A person past the Florida three-year window may still be federally prohibited.

3. Protective orders and § 922(g)(8). Section 790.23 does not directly incorporate protective-order subjects (Florida treats § 790.06(2)(n) as the operative bar for active domestic-violence or repeat-violence injunctions). § 922(g)(8) operates independently and reaches qualifying intimate-partner protective orders that meet the federal due-process and findings requirements. A Florida injunction satisfying § 922(g)(8) creates a federal disability regardless of state-law treatment.

CWFL and Constitutional Carry: Eligibility Tracks § 790.23

CWFL eligibility under § 790.06(2) maps directly onto § 790.23 disabilities at § 790.06(2)(d) (no felony/§ 790.23 ineligibility), § 790.06(2)(l) (no withheld adjudication on felony or DV misdemeanor within 3 years), and § 790.06(2)(n) (no current DV or repeat-violence injunction). A person prohibited under § 790.23 cannot obtain a CWFL and cannot lawfully carry under permitless concealed carry (§ 790.013 incorporates the same eligibility criteria). Section 790.065(2)(a)1 makes § 790.23 status the first item on the FDLE point-of-sale background check, so a § 790.23 prohibited person also cannot purchase from an FFL.

Restoration Pathways

Florida's restoration framework runs through three channels: (1) Restoration of civil rights and firearm authority by the State Board of Executive Clemency - civil rights and firearm authority are separate clemency categories, and both must be restored to lift § 790.23; current Rules of Executive Clemency generally require completion of all sentences before the waiting period begins, and firearm-authority restoration sits in a more restrictive tier than civil-rights restoration. (2) Pardon by the Governor and Cabinet - a pardon based on innocence or actual rehabilitation restores state rights and (under 18 U.S.C. § 921(a)(20)) generally lifts § 922(g)(1) for that conviction unless it expressly restricts firearms. (3) Expungement under § 943.0515(1)(b) - § 790.23(2)(b) recognizes this narrow path tied primarily to certain juvenile records.

A Florida pardon does not lift a federal disability arising from a federal conviction; that requires federal restoration. Federal § 925(c) relief has been unfunded by Congress since 1992, leaving only a federal pardon (rare) or court-ordered expungement (also rare) as practical paths to lifting a § 922(g)(1) disability from a federal felony.

Quick Reference

Florida Vehicle Carry Laws

In Florida, you may transport a firearm in your private vehicle without a permit if you are 18 or older and the firearm is either "securely encased" or "not readily accessible for immediate use," under Fla. Stat. § 790.25(4). The "securely encased" definition at Fla. Stat. § 790.001(15) is generous: a glove compartment (locked or unlocked), a snapped holster, a closed gun case (zippered or otherwise), or any closed box or container that requires a lid or cover to be opened all qualify. Florida's vehicle-carry framework predates HB 543 (2023) and remains broader than the 21-and-older permitless concealed-carry rule. A separate statute, Fla. Stat. § 790.251, protects an employee's right to keep a lawfully owned firearm locked inside or to a personal vehicle in an employer parking lot. Florida vehicle carry is one of the most permissive frameworks in the country.

That bottom-line rule has practical consequences. An 18-year-old who is not eligible for permitless concealed carry under § 790.013 (which requires age 21) and is not a CWFL holder under § 790.06 (also 21) can still lawfully transport a handgun in his or her own car under § 790.25(4) so long as the handgun is securely encased or otherwise not readily accessible. A non-permit holder over 21 who is not eligible to carry concealed on the person - for whatever reason - can still rely on § 790.25(4). A CWFL holder, or any other person authorized to carry concealed under § 790.01(1), may carry concealed on the person inside the vehicle under § 790.25(4)(b)(2) without invoking the encasement rule at all. And anyone may transport a long gun in a vehicle for a lawful use under § 790.25(4)(b)(1).

This section walks through the operative § 790.25(4) rule, the § 790.001(15) "securely encased" definition, the § 790.001(14) "readily accessible" framing, the CWFL-holder vehicle right preserved by § 790.06(12)(b), the § 790.251 employer parking-lot statute, the federal interstate transport defense under 18 U.S.C. § 926A, common scenarios at traffic stops and posted destinations, and the long-gun rule.

The Operative Rule: § 790.25(4)

Fla. Stat. § 790.25(4)(a) reads, in operative part:

"Notwithstanding s. 790.01, a person 18 years of age or older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use. A person who possesses a handgun or other weapon as authorized under this paragraph may not carry the handgun or weapon on his or her person."

Inverted into a permission rule, the § 790.25(4)(a) framework demands four things and forgives almost everything else:

1. Age 18 or older. Not 21. Florida's § 790.013 permitless concealed-carry rule and § 790.06 CWFL eligibility both require age 21; § 790.25(4) sets the floor three years lower for vehicle carry.
2. Lawful possession of the firearm. The carrier must not be a § 790.23 prohibited person, a 18 U.S.C. § 922(g) federally prohibited person, or otherwise statutorily disqualified.
3. Inside the interior of a private conveyance. The vehicle is the location; § 790.25(4) does not authorize foot carry.
4. Either "securely encased" or "otherwise not readily accessible for immediate use." This is a single disjunctive condition. Either branch independently satisfies the statute.

The fifth feature is a restriction: a person carrying under § 790.25(4)(a) "may not carry the handgun or weapon on his or her person." A holstered handgun on the hip in a vehicle is not § 790.25(4)(a) carry; it is on-the-person carry, and is lawful only if the carrier is authorized to carry concealed under § 790.01(1) (i.e., is a CWFL holder or otherwise satisfies the permitless-carry eligibility) and is operating under the § 790.25(4)(b)(2) carve-out described below.

§ 790.25(4)(c) instructs courts to construe the subsection "liberally in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012." Section 790.25(3) likewise directs liberal construction of the entire statute "in favor of the constitutional right to keep and bear arms for lawful purposes." Florida courts have read these construction clauses against narrow, technical readings of the encasement rule.

"Securely Encased" - § 790.001(15)

The statutory definition at Fla. Stat. § 790.001(15) is the heart of Florida's permissive vehicle-carry framework:

"'Securely encased' means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

Each enumerated method is independently sufficient. The definition is generous in five distinct ways:

• Glove compartment, locked or unlocked. A handgun in a closed glove compartment is securely encased. The compartment door does not have to lock. The driver does not have to take a key. Florida is one of the few states where an unlocked glove compartment satisfies vehicle-storage law on its own.
• Snapped in a holster. A retention holster with a snap, thumb-break, or active retention device satisfies the encasement rule. The holster may rest on the passenger seat, in the center console, in a door pocket, or under the seat. (The § 790.25(4)(a) on-the-person prohibition still bars wearing the holster on the body unless the carrier qualifies under § 790.25(4)(b)(2).)
• Gun case, locked or unlocked. A hard pistol case (Pelican-style or factory plastic), a soft pistol case, or any purpose-built firearm case satisfies the rule. Locking is not required.
• Zippered gun case. A zippered soft case independently satisfies the rule even if the case is not specifically a "gun" case in name. The statute uses "gun case ... or in a zippered gun case" disjunctively.
• Closed box or container requiring a lid or cover to be opened. This is the broadest branch. A shoe box, a plastic tote, a closed cardboard box from the gun store, a Tupperware container, or any everyday container with a lid satisfies the rule provided the container is closed and a lid or cover must be moved to access the firearm.

What does not satisfy "securely encased": a holster without a snap or active retention; an open gun case with the lid raised; an unzipped soft case; an open shoulder bag; a center console with the lid up; a handgun loose under a seat or in a door pocket without any container; a handgun resting on the floor of the trunk without a container.

"Readily Accessible for Immediate Use" - § 790.001(14)

The alternative branch of § 790.25(4)(a) - "otherwise not readily accessible for immediate use" - picks up where the encasement branch leaves off. Fla. Stat. § 790.001(14) defines the term:

"'Readily accessible for immediate use' means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person."

The not-readily-accessible branch covers configurations that are not "securely encased" but are stowed in such a way that the carrier could not draw and fire as quickly as if carrying on the person. A handgun in the trunk of a sedan with a closed lid satisfies the rule. A handgun in the cargo area of an SUV behind a closed cargo cover, or in a rear cargo bin with a hinged lid, generally satisfies it. A handgun broken down with the slide separated from the frame and stored in two different parts of the vehicle satisfies it. The "readily accessible" branch is fact-specific and is the harder branch to litigate; the encasement branch has bright-line items in § 790.001(15) and is the practical default.

The Two Branches Are Disjunctive

The drafters used "or" between "securely encased" and "otherwise not readily accessible for immediate use." Either branch independently satisfies § 790.25(4)(a). A handgun in a closed glove compartment is securely encased (§ 790.001(15) branch one) and the readily-accessible analysis is unnecessary; conversely, a handgun in the trunk on the bare floor without a case may fail the encasement test but succeed under the not-readily-accessible test if the trunk is closed and the carrier is in the driver's seat.

CWFL Holders and Permitless Concealed Carriers in Vehicles

§ 790.25(4)(b)(2) carves out concealed carry on the person inside a private conveyance for any person "authorized to carry a concealed weapon or concealed firearm under s. 790.01(1)." After HB 543 (2023), § 790.01(1) recognizes two categories of authorized concealed carriers: licensed CWFL holders under § 790.01(1)(a), and qualifying permitless carriers age 21 or older under § 790.01(1)(b).

For both categories, the practical rule inside the vehicle is identical to on-foot concealed carry. The handgun may be loaded. It may be in a holster on the hip, on the ankle, in a shoulder rig, or in a belly band. It may be in the center console, the glove compartment, a door pocket, under the seat, or anywhere else in the cabin. Encasement is not required. The on-the-person prohibition in § 790.25(4)(a) does not apply to a § 790.25(4)(b)(2) carrier because the (b)(2) carve-out preserves the alternative path of authorized concealed carry.

§ 790.06(12)(b) reinforces the same right for license holders specifically: "A person licensed under this section is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes." That sentence sits at the end of the § 790.06(12)(a) prohibited-places list (police stations, courthouses, polling places, schools, K-12 facilities, college facilities, secured airport areas, etc.) and confirms that the prohibited-places restrictions on a CWFL do not reach a firearm stored in the licensee's vehicle. The same vehicle-storage right flows to permitless carriers via § 790.25(4) and the § 790.25(4)(b)(2) on-the-person carve-out.

The CWFL also unlocks reduced exposure if the vehicle is later searched on prohibited-places premises. § 790.115(2)(e), discussed in PROHIBITED PLACES, reduces a school-grounds firearm-possession violation by an authorized concealed carrier under § 790.01(1) from a third-degree felony to a second-degree misdemeanor. A permitless carrier under § 790.013 also gets the reduction, but only if otherwise authorized under § 790.01(1).

Long Guns in Vehicles

§ 790.25(4)(b)(1) preserves the right to carry "a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use." The § 790.001(9) definition of "firearm" reaches rifles, shotguns, and the frame or receiver of any such weapon. § 790.001(10) defines "handgun" as a firearm "capable of being carried and used by one hand, such as a pistol or revolver." The § 790.25(4)(a) encasement rule by its terms reaches "a handgun or other weapon," and § 790.25(4)(b)(1) explicitly removes long guns from that rule when carried for a lawful use.

In practical terms:

• A loaded rifle on a gun rack in the back window of a pickup, carried for a lawful use, is permissible under § 790.25(4)(b)(1).
• A shotgun in a soft case in the cargo area of an SUV, carried to or from a duck blind, is permissible.
• A rifle on the back seat of a sedan, uncased and unloaded, carried home from a gun store, is permissible.

"Lawful use" is the gating concept. Hunting, target shooting, transport to or from a range, transport to or from a place of repair, transport home from purchase, transport for evaluation or appraisal, and self-defense are all lawful uses listed throughout chapter 790. The construction rule in § 790.25(3) - liberal construction in favor of the right to keep and bear arms - applies to § 790.25(4)(b)(1) as well.

There is no Florida "long gun must be unloaded in transit" rule, no statutory case requirement for long guns, no separate trunk rule, and no statutory plain-view restriction. (Federal Gun-Free School Zones Act exposure under 18 U.S.C. § 922(q), discussed below, applies to long guns the same as handguns.)

Federal Interstate Transport: 18 U.S.C. § 926A

Federal law at 18 U.S.C. § 926A - the interstate-transport provision of the Firearm Owners Protection Act ("FOPA") - provides an interstate transport defense. A person who may lawfully possess a firearm at the origin and at the destination may transport the firearm through any state, "notwithstanding any provision of any law" of the transit state, if all of the following are true:

• The firearm is unloaded.
• Neither the firearm nor any ammunition is "readily accessible or directly accessible from the passenger compartment."
• If the vehicle has no separate compartment from the passenger area (a hatchback, an SUV, a pickup with no cap), the firearm and ammunition must be in a "locked container other than the glove compartment or console."

§ 926A is most useful to a non-Florida resident driving through Florida en route to a destination state. For a Florida resident driving in Florida, § 926A is unnecessary because § 790.25(4) already permits handgun carry in the vehicle on far more permissive terms. § 926A becomes relevant the moment the vehicle crosses into a more restrictive jurisdiction. Florida residents driving through Georgia, Alabama, or other neighboring permissive states generally do not need § 926A. Florida residents driving north toward New York, New Jersey, or D.C., or west toward California, should plan the route, the container, and the ammunition placement so that § 926A applies through every transit state.

§ 926A is an affirmative defense. A driver can be arrested in a transit state even when the conditions are met, and must litigate the defense after the fact. Reasonable continuous transit is implied. Long stops, side trips, and stays in transit states risk losing the protection.

Employer Parking Lots: § 790.251

Fla. Stat. § 790.251 - the "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008," enacted as Ch. 2008-7, Laws of Fla. - protects an employee's right to keep a firearm locked inside or locked to a personal vehicle in an employer parking lot. The statute reaches public and private employers alike.

§ 790.251(4)(a) makes it unlawful for any public or private employer to "prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area."

§ 790.251(4)(b) prohibits the employer from inquiring about the firearm or searching the vehicle. A search may be conducted only by on-duty law enforcement under due process. § 790.251(4)(c) bars the employer from conditioning employment on whether the employee holds a CWFL or on an agreement not to keep a firearm in a personal vehicle. § 790.251(4)(d) prohibits the employer from refusing to allow the employee or customer onto the parking lot because the vehicle contains a lawful firearm out of sight. § 790.251(4)(e) protects against termination, discrimination, or expulsion for exercising the right.

The employee version of the statute (§ 790.251(2)(c)) requires that the employee be "authorized to carry a concealed weapon or concealed firearm under s. 790.01(1)." After HB 543, that includes both CWFL holders and qualifying permitless carriers age 21 or older. The customer/invitee branches do not require concealed-carry authorization; they reach any "customer or visitor, who is lawfully on the premises" under § 790.251(2)(e), so an 18-year-old customer may keep a lawfully owned firearm locked in his or her car in a business's parking lot under § 790.25(4) and § 790.251(4)(a) regardless of CWFL status.

§ 790.251(5) provides immunity to the employer for actions or inactions "in compliance with this section." § 790.251(6) authorizes Florida Attorney General enforcement and a private right of action with attorney's fees and costs to the prevailing party.

§ 790.251(7) carves seven categories of property out of the rule:

• School property regulated under § 790.115.
• Correctional institutions under chapter 944 or chapter 957.
• Property where a nuclear-powered electricity generation facility is located.
• Property used for substantial activities involving national defense, aerospace, or homeland security.
• Property where the primary business is the manufacture, use, storage, or transportation of combustible or explosive materials, or property held by a permittee under 18 U.S.C. § 842 (importing, manufacturing, or dealing in explosive materials).
• A vehicle owned, leased, or rented by the employer or the landlord (e.g., a fleet truck - the employer may prohibit firearms inside the company-owned vehicle).
• Any other property where firearm possession is prohibited by federal law, federal contract, or general state law.

The exclusions matter. A school district employee may not invoke § 790.251 to keep a firearm in a personal vehicle in the school's parking lot - § 790.115 controls there. A defense contractor at a national-defense site is similarly not protected. A nuclear power plant employee is not protected. Most ordinary Florida private employers - retail, hospitality, manufacturing, services, healthcare - fall outside the carve-outs and may not prohibit a lawful firearm locked in an employee's personal vehicle in the parking lot.

Parking at Posted or Restricted Destinations

§ 790.06(12) prohibits a CWFL holder from openly carrying a handgun or carrying a concealed weapon or concealed firearm into 15 listed categories of premises (police stations, detention facilities, courthouses, courtrooms, polling places, governing-body meetings, legislative meetings, school events not related to firearms, K-12 facilities, career centers, the alcohol-dispensing portion of bars, college facilities, the inside of an airport passenger terminal and sterile area, and any place where federal law prohibits firearms). The same prohibited-places list applies to permitless concealed carriers under § 790.013 by operation of § 790.01(1)(b) and the cross-reference in § 790.013(1).

§ 790.06(12)(b) preserves the licensee's vehicle-storage right: "A person licensed under this section is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes." The (b) carve-out applies regardless of where the vehicle is parked. A CWFL holder who parks at a courthouse may not enter the building armed but may leave the handgun locked in the car, securely encased or in a closed compartment. The same logic flows through to permitless carriers under § 790.25(4).

The major exception is school property, governed by Fla. Stat. § 790.115. Read PROHIBITED PLACES for the full school-grounds analysis. The headline for vehicle-storage purposes:

• K-12 schools. § 790.115(2)(a) prohibits possession of a firearm "on the property of any school, school bus, or school bus stop." § 790.115(2)(b) carves out a CWFL-holder exception: an authorized concealed carrier under § 790.01(1) "for lawful purposes within the interior of a private vehicle ... may possess a concealed firearm or weapon." The statutory text limits the in-vehicle carve-out to the interior of the private vehicle - not on the school grounds outside the vehicle. A CWFL holder or permitless carrier may keep a handgun securely encased inside the car in the school parking lot during drop-off; stepping out of the vehicle armed onto school grounds is the offense. The reduced penalty in § 790.115(2)(e) - second-degree misdemeanor - applies if an authorized concealed carrier is found in violation; non-authorized possession is a third-degree felony.
• Federal Gun-Free School Zones Act. 18 U.S.C. § 922(q) prohibits possession of a firearm within 1,000 feet of K-12 school grounds. Florida CWFL holders are exempt under § 922(q)(2)(B)(ii) (the state-licensed carrier exemption). Permitless carriers under § 790.013 are not exempt under § 922(q) because § 790.013 is not a "license to carry"; the federal exemption requires an actual license. A permitless carrier with a handgun in the glove compartment commits a federal misdemeanor by passing within 1,000 feet of a K-12 school. The CWFL is what closes the federal gap.
• Colleges and universities. § 790.06(12)(a)(13) prohibits concealed carry into "any college or university facility," with a narrow stun-gun carve-out for registered students, employees, and faculty members. The campus parking lot may or may not be a "facility" depending on the institution and the layout; the conservative reading is to keep the firearm locked in the vehicle and walk in unarmed. § 790.115 also applies to postsecondary institutions for some purposes; the in-vehicle carve-out under § 790.115(2)(b) covers stowed handguns by authorized concealed carriers.
• Courthouses, police stations, polling places, governing-body meetings, legislative meetings, K-12 administrative buildings, career centers, secured airport areas, alcohol-dispensing portions of bars. The § 790.06(12)(a) list. § 790.06(12)(b) preserves the vehicle-storage right at every one of these. Lock the handgun in the car, walk in unarmed, retrieve when leaving.
• Federal facilities under 18 U.S.C. § 930. The federal-facility prohibition reaches federal courthouses and federal buildings. The federal-facility parking lot may or may not be "federal facility" depending on the facility's official posting. The conservative practice is to avoid parking on federal-facility property when armed.
• Post offices. 39 C.F.R. § 232.1 prohibits firearms on USPS real property, which courts have read to include the parking lot. A firearm stored in a vehicle on a post office lot is exposed under federal law even though Florida law allows the firearm in the car. Use street parking and walk in unarmed.

Traffic-Stop Procedure

Florida instructors converge on a standard procedure for a traffic stop while armed. There is no Florida statutory duty to inform a peace officer that you are carrying. Calm, voluntary disclosure is the consistent professional recommendation.

1. Pull over promptly. Stop clear of traffic. Turn off the engine and the radio. Lower the driver's window.
2. At night, turn on the dome light before the officer reaches the vehicle.
3. Place both hands on top of the steering wheel. Ask any passengers to keep their hands visible.
4. Wait for the officer to ask for license, registration, and insurance. Do not retrieve documents until asked.
5. If you are a CWFL holder, calmly inform the officer you are licensed and where the firearm is, before reaching for either. A typical statement: "Officer, I have a Florida concealed weapon license. I have a handgun (location). My license and wallet are in my back pocket. How would you like me to proceed?"
6. If you are carrying permitlessly under § 790.013, § 790.013(1) requires you to carry valid identification at all times in actual possession of a concealed firearm and to display it on demand. Disclose calmly. A typical statement: "Officer, I want to let you know I have a handgun (location) under Florida permitless carry. I am 21 and not prohibited. My ID is in my back pocket."
7. If you are transporting under § 790.25(4) without concealed-carry authorization (e.g., an 18- to 20-year-old), disclose where the firearm is and how it is encased. A typical statement: "Officer, I have a handgun in the glove compartment, securely encased under Florida law. I am over 18 and lawfully in possession. My license is in my wallet."
8. Hand the officer only the documents requested. Do not reach toward the firearm or the encasement location without specific instruction and a verbal heads-up. Comply if the officer asks to secure the firearm during the stop.

Common Scenarios

Driving home from a gun store with a new handgun. § 790.25(4)(a) for any 18-or-older non-prohibited buyer: in the closed factory box on the passenger seat, in the glove compartment, in the trunk in any container with a lid, or in a snapped holster anywhere in the cabin. The encasement rule is satisfied by the closed factory box.

18-year-old driving home from college for the holidays with a handgun. § 790.25(4)(a) authorizes the 18-year-old to transport the handgun in his or her own car, securely encased. The 21-and-older floors for permitless concealed carry under § 790.013 and for the CWFL under § 790.06 do not apply to the vehicle path. The handgun must be securely encased - a closed gun case in the trunk, or in a glove compartment - and must not be carried on the person.

CWFL holder driving with a handgun on the hip. § 790.25(4)(b)(2) authorizes concealed on-the-person carry inside the vehicle for any § 790.01(1) authorized carrier. The encasement rule does not apply.

Pulling into an elementary school parking lot to drop off a child. § 790.115(2)(b) authorizes a CWFL holder or other authorized § 790.01(1) carrier to keep a concealed firearm or weapon "for lawful purposes within the interior of a private vehicle." Do not exit the vehicle armed onto school grounds. A non-authorized carrier (e.g., 18-to-20-year-old § 790.25(4)(a) carrier) is exposed to § 790.115 even with the firearm encased; the § 790.115(2)(b) carve-out is keyed to § 790.01(1) authorization. Federal law at 18 U.S.C. § 922(q) imposes a 1,000-foot zone; CWFL holders are exempt, permitless carriers under § 790.013 are not.

Parking at the courthouse to file paperwork. § 790.06(12)(a)(4) prohibits the CWFL holder from carrying into the courthouse. § 790.06(12)(b) preserves the right to carry or store the firearm in the vehicle. Lock the handgun in the car, walk in unarmed.

Pulling into a post office parking lot to mail a package. 39 C.F.R. § 232.1 reaches USPS real property including the lot. The locked car in the lot is exposed under federal law even though Florida law allows the firearm in the car. Park off USPS land - street parking is the safer move - and walk in unarmed.

Stopping at a TABC-style alcohol-dispensing bar. § 790.06(12)(a)(12) prohibits a CWFL holder or permitless carrier from carrying into "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose." The bar's parking lot is not "premises primarily devoted to" alcohol consumption. § 790.06(12)(b) preserves the vehicle-storage right. Lock the handgun in the car.

Parking at work in an employer-owned lot. § 790.251(4) protects the right of any customer, employee, or invitee to keep a lawfully owned firearm locked inside or locked to a personal vehicle in the parking lot, subject to the § 790.251(7) carve-outs. Most private employers may not prohibit, search for, or punish lawful in-vehicle storage.

Crossing into Georgia or Alabama on a road trip. § 790.25(4) ends at the Florida border. Both Georgia and Alabama are permissive states with reciprocity agreements covering Florida CWFLs and broadly permissive vehicle-carry frameworks of their own. Plan the trip under the destination state's rule and confirm reciprocity at the Florida Department of Agriculture and Consumer Services portal.

Driving north toward New York or New Jersey. Plan the trip under 18 U.S.C. § 926A: handgun unloaded, in a locked container other than the glove compartment or console, ammunition stored separately, reasonably continuous transit. Florida's § 790.25(4) framework does not travel.

Penalty Grid

A second-degree misdemeanor under Fla. Stat. § 775.082 is punishable by up to 60 days in jail and a $500 fine under § 775.083. A first-degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. A third-degree felony is punishable by up to five years in prison and a $5,000 fine. A second-degree felony is punishable by up to fifteen years in prison and a $10,000 fine.

Key Statutes Reference

Ambiguities and Notes

• The § 790.001(15) "securely encased" definition is unusually generous compared to other states. The "closed box or container which requires a lid or cover to be opened for access" branch encompasses everyday containers and is the broad escape valve. Florida courts apply the § 790.25(3) and § 790.25(4)(c) construction rules in favor of the carrier.
• The § 790.25(4)(a) on-the-person prohibition forecloses holstered hip carry inside the vehicle for an 18-to-20-year-old who does not qualify as an "authorized" concealed carrier under § 790.01(1). The § 790.25(4)(b)(2) carve-out is the path for license holders and 21+ permitless carriers.
• § 790.115(2)(b)'s in-vehicle carve-out for school property is keyed to § 790.01(1) authorization. An 18-to-20-year-old transporting under § 790.25(4) without § 790.01(1) authorization does not get the school-property in-vehicle carve-out and is exposed under § 790.115 if the encased handgun reaches school property.
• Federal Gun-Free School Zones Act exemption under 18 U.S.C. § 922(q)(2)(B)(ii) is keyed to a state license. Florida CWFL holders are exempt; permitless carriers under § 790.013 are not, because § 790.013 is not a license. The CWFL is the practical solution for school-adjacent commutes.
• "Locked inside or locked to" in § 790.251(4)(a) requires that the vehicle door be locked or that the firearm be locked to the vehicle (e.g., chained to a fixed point inside the vehicle). A firearm in an unlocked car in the parking lot does not trigger the § 790.251 protection in its full force; the encasement rule under § 790.25(4) still applies but the § 790.251 employer-prohibition shield depends on the locked-vehicle qualifier.
• 18 U.S.C. § 926A is litigated as an affirmative defense. A driver can be arrested in a transit state even when the statute applies. Plan the container, route, and ammunition placement, and carry documentation of the lawful destination.

Source Information

• Florida Statutes, Title XLVI, Chapter 790. Last scraped 2026-05-08.
  • § 790.001 (definitions, including "securely encased" and "readily accessible for immediate use")
  • § 790.06 (CWFL, including § 790.06(12) prohibited-places list and vehicle-carry preservation)
  • § 790.053 (former open-carry ban; held unconstitutional in McDaniels)
  • § 790.25 (lawful ownership, possession, use; § 790.25(4) private conveyance)
  • § 790.251 (Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008)
• HB 543, 2023 Reg. Sess. (Fla. 2023), Ch. 2023-18, Laws of Fla. (permitless concealed carry; rewrite of § 790.01 and addition of § 790.013).
• Ch. 2008-7, Laws of Fla. (Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008; codified at § 790.251).
• 18 U.S.C. § 922(g), § 922(q), § 926A; 18 U.S.C. § 930; 39 C.F.R. § 232.1 (federal carry overlay).

Florida Firearms Transport Beyond the Vehicle

Transporting a firearm through Florida - by car, plane, train, or boat - is governed by federal law primarily and Florida law secondarily. The federal Firearm Owners' Protection Act (18 U.S.C. § 926A) gives interstate travelers a transport defense if the firearm is lawful at origin and destination, unloaded, inaccessible from the passenger compartment, and ammunition is separate. Florida's vehicle-carry rule under Fla. Stat. § 790.25(4) is more permissive - 18 or older, lawful possession, firearm "securely encased" or "otherwise not readily accessible for immediate use" - and applies to in-state transit. A person authorized to carry concealed under § 790.01(1) (CWFL holder or qualifying permitless carrier 21+) may carry concealed on the person inside the private conveyance under § 790.25(4)(b)(2).

This section covers everything beyond the everyday vehicle baseline: federal interstate transit, commercial air, Amtrak, intercity bus, recreational boats and cruise ships, and the federal-facility traps. For the in-state vehicle rule, see VEHICLE_CARRY; for prohibited places generally, see PROHIBITED_PLACES; for on-person carry across state lines and out-of-state license recognition, see RECIPROCITY.

How Florida transport law fits together

Three Florida statutes and one federal statute do most of the work.

• Fla. Stat. § 790.25(4) - "Possession in private conveyance." A person 18 or older in lawful possession of a handgun may possess it within the interior of a private conveyance if the handgun is "securely encased or otherwise not readily accessible for immediate use" and not carried on the person. § 790.25(4)(b) preserves the right to carry any "legal firearm other than a handgun anywhere in a private conveyance" for a lawful use, and the right of an authorized concealed carrier under § 790.01(1) to carry concealed on the person inside the conveyance.
• Fla. Stat. § 790.001(14) and (15) - "Readily accessible for immediate use" means "carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person." "Securely encased" means "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; 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. § 790.06(12)(a)14. - A CWFL does not authorize carry "inside the passenger terminal and sterile area of any airport," with a baggage-check carve-out: "no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft." § 790.06(12)(a)15. preserves all federal restrictions; § 790.06(12)(b) confirms that a license holder may carry or store a firearm in a vehicle for lawful purposes.
• 18 U.S.C. § 926A - Federal FOPA safe harbor for interstate transport. It preempts hostile state and local laws when the traveler complies with its conditions.

The hard questions arise at three boundaries: state lines (§ 926A), security checkpoints (TSA and § 790.06(12)(a)14.), and the door of a common carrier (Amtrak, intercity bus, airline tariffs, cruise lines). Full in-state vehicle details live in VEHICLE_CARRY; the rest of this section assumes the traveler has cleared that baseline and is moving across a state line, into a federal facility, or onto a common carrier.

Interstate transport under 18 U.S.C. § 926A

The federal Firearm Owners' Protection Act preempts state and local restrictions on a person moving a firearm between two states where possession is lawful. § 926A is the only protection a Florida traveler has when the route crosses a state where the CWFL is not honored or state law is hostile.

You qualify for § 926A if all of the following are true:

• You are not a prohibited person under 18 U.S.C. § 922(g) or (n) or any state law that applies to you.
• You may lawfully possess and carry the firearm at both the start and end of the trip.
• During transport the firearm is unloaded.
• Neither the firearm nor any ammunition is readily accessible from the passenger compartment.
• If the vehicle has no separate trunk (hatchback, SUV, pickup), the firearm and any ammunition must be stored in a locked container other than the glove compartment or center console.

Practical notes. § 926A protects transport, not stopping - overnight stays or hotel layovers in a state where possession is unlawful fall outside the safe harbor (New York, New Jersey, Maryland, Massachusetts, D.C., and California have prosecuted travelers who deviated). § 926A requires lawful possession at both endpoints - a Florida CWFL holder driving to a Wyoming hunt is covered; a Florida resident driving to in-laws in New Jersey is not. § 926A does not preempt magazine, assault-weapon, or feature-restriction bans along the route - comply with the most restrictive state's hardware rules for the entire interstate leg. § 926A is a defense, not an authorization - keep a printout of § 926A, an itinerary showing both endpoints, and a copy of the CWFL or destination-state permit with the firearm.

A Florida CWFL holder driving from Jacksonville to upstate New York has two distinct regimes. From Jacksonville to the New York line, Florida law and reciprocity-state laws recognize the CWFL. Once into New York, the only lawful posture is § 926A. A non-resident transiting Florida between two other states needs no more than § 926A to cross; Florida's § 790.25(4) baseline is broadly permissive for any non-prohibited adult 18 or older who keeps the firearm securely encased. Florida's permitless carry under § 790.01(1)(b) does not travel.

Air travel: TSA, federal aviation security, and § 790.06(12)(a)14.

Air travel with firearms is governed by federal aviation security law (49 C.F.R. parts 1540 and 1544) and TSA regulations. Florida reinforces federal law through § 790.06(12)(a)14., which makes it an offense (when committed by a license holder) to carry "inside the passenger terminal and sterile area of any airport." § 790.001(19) defines "sterile area" as the area where access is controlled by federally approved airport-security inspection. A § 790.06(12) violation is a second-degree misdemeanor under § 790.06(12)(d).

Three rules to internalize:

1. You may not bring a firearm, loaded or unloaded, through a TSA passenger screening checkpoint. Doing so is a federal civil violation starting at several thousand dollars per offense, plus airport-jurisdiction exposure. There is no CWFL or permitless-carry bypass.
2. You may not carry a firearm in the sterile area, on a jet bridge, or aboard a passenger aircraft as a civilian. This is a federal felony under aviation security law and a state offense under § 790.06(12)(a)14. for license holders.
3. You may carry a handgun in the public, non-sterile terminal areas (curb, ticketing lobby, baggage claim) under your CWFL or under § 790.01(1)(b) permitless-carry authority - subject to airport-operator policy and § 790.06(12)(a)15.'s federal-law catchall. Authority ends at the screening checkpoint.

The § 790.06(12)(a)14. baggage-check carve-out

The statute contains an explicit carve-out for travelers checking firearms as baggage: "no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft." A CWFL holder bringing a properly cased firearm to the airline counter is not committing a § 790.06(12)(a)14. offense by walking through the non-sterile terminal to reach it. The carve-out does not authorize carry through TSA screening, in the sterile area, on a jet bridge, or aboard the aircraft.

Permitless carriers under § 790.01(1)(b) are not subject to § 790.06(12) at all - the prohibitions attach to "a license issued under this section" - but federal aviation security law applies to every passenger regardless of state-license status, and airport-operator rules and local ordinances may apply on top.

How to fly with a firearm lawfully

Firearms travel as checked baggage only:

1. Confirm the firearm is unloaded. Inspect the chamber and any magazine.
2. Place the firearm in a hard-sided container only you can unlock. Use a non-TSA lock; soft cases are not acceptable. The traveler retains the only key or combination.
3. Place the locked case inside checked baggage. Some airlines permit the hard case to be checked alone; others require it inside a larger bag. Confirm the airline tariff.
4. Pack ammunition separately, in the manufacturer's original packaging or a box designed for ammunition. Loose rounds are not permitted. TSA caps ammunition at 11 pounds per passenger absent airline approval.
5. At the airline counter, declare the firearm verbally. The agent issues a declaration tag for you to sign and place inside the case.
6. Wait at the counter or accompany the bag to TSA inspection if instructed. Lock the case yourself before it goes onto the belt.
7. At your destination, claim the bag at the regular carousel. If missing or tampered, report immediately to airline baggage service before leaving the airport.

Common mistakes. A handgun in carry-on at the X-ray belt is the most common TSA violation nationwide, and Florida airports - MIA, FLL, MCO, TPA, JAX, PBI, RSW - appear at or near the top of TSA's annual firearm-discovery list every year. A forgotten round in a coat pocket or range bag is the second most common. Treating an antique firearm as exempt is a third: § 790.001 does not control 49 C.F.R. compliance.

Amtrak, intercity bus, and other common carriers

Amtrak. Amtrak permits unloaded firearms in checked baggage on trains with checked-baggage service, including the Silver Star and Silver Meteor connecting Florida to the Northeast Corridor. The traveler must give at least 24 hours' advance notice at booking, declare at station check-in, and pack unloaded in a locked hard-sided container. Ammunition up to 11 pounds may travel in the same or a separate locked container. Amtrak bars firearms on trains without checked-baggage service; Brightline is private and currently bars firearms aboard.

Intercity bus. Carrier policy controls. Greyhound permits unloaded firearms in checked baggage with declaration, locked hard-sided, ammunition separate. Megabus and FlixBus bar firearms entirely.

Charter and rental vehicles. A rented car is a "private conveyance" for § 790.25(4) purposes; the rental agreement does not change Florida law. A non-prohibited adult 18 or older may transport a securely encased handgun in a rental the same as in a personal car; a CWFL holder or qualifying permitless carrier may carry concealed on the person under § 790.25(4)(b)(2). Some rental companies prohibit firearms by contract; that is a contract issue, not a criminal one.

Recreational boats and personal watercraft. § 790.25(2)(l) authorizes carry by "a person traveling in a public conveyance when the weapon or firearm is securely encased and not in the person's manual possession," and § 790.25(2)(h) covers "a person engaged in fishing, camping, or lawful hunting." § 790.25(4)'s private-conveyance rule, read with the § 790.25(3) liberal-construction mandate, extends to recreational vessels: a non-prohibited adult 18+ may possess a handgun aboard a personal boat if it is securely encased or not readily accessible. A CWFL holder or qualifying permitless carrier may carry concealed on the person aboard. Federal admiralty rules and Coast Guard regulations apply on federal waterways and beyond the three-mile line; foreign port rules apply on arrival.

Cruise ships. The cruise line's policy controls aboard the vessel, even when departing from a Florida port. Carnival, Royal Caribbean, Norwegian, MSC, Disney, and the other major lines sailing from PortMiami, Port Everglades, Port Canaveral, Port Tampa Bay, and JAXPORT all prohibit firearms on board. Even CWFL holders may not bring a firearm aboard. CBP and foreign-port firearm laws apply on arrival in Bahamas, Mexico, or Caribbean ports of call. The "securely encased in the trunk" posture under § 790.25(4) protects the drive to and from the terminal; the firearm cannot follow you onto the ship.

Federal facilities and the post-office trap

18 U.S.C. § 930 prohibits firearm possession in federal facilities, regardless of state license:

• Federal courthouses. A handgun in a parked vehicle in a federal courthouse lot is a § 930 issue. Florida has its own state-courthouse prohibition under § 790.06(12)(a)4. that operates independently.
• United States Post Office facilities. USPS regulations (39 C.F.R. § 232.1) prohibit firearms on postal property "for any purpose." Federal courts have split post-Bruen on whether the regulation reaches postal parking lots; the safe answer is to leave firearms off USPS property entirely.
• VA medical facilities and military installations. § 930 and base-specific regulations apply. MacDill, NAS Jacksonville, NAS Pensacola, NAS Whiting Field, and Patrick Space Force Base enforce strict installation-commander policies.

The 1,000-foot Gun-Free School Zone Act, 18 U.S.C. § 922(q), exempts holders of state licenses (Florida CWFL). Permitless carriers under § 790.01(1)(b) lack the exemption and must route around K-12 school zones when carrying outside a personal vehicle. § 790.115 imposes a parallel state-law school-grounds prohibition; an authorized concealed carrier under § 790.01(1) who violates it commits a second-degree misdemeanor under § 790.115(2)(e), reduced from the third-degree felony grade that applies to other carriers.

Hunting, range, and out-of-state hunt transport

Florida does not impose a "secure wrapper" or "unloaded and cased" rule for in-state long-gun transport. A hunter or shooter driving to a Florida range or hunting lease with rifles, shotguns, and a personal handgun is on the in-state private-conveyance baseline. The handgun follows § 790.25(4); long guns are protected by § 790.25(4)(b)(1) for lawful uses, and § 790.25(2)(h) and (2)(j) reinforce the lawful-use status of carry to and from fishing, camping, lawful hunting, target practice, and similar activities.

A Florida-licensed hunter driving to an out-of-state hunt is on a § 926A interstate trip the moment the route crosses a state line. For hunts in Georgia, Alabama, the Carolinas, Tennessee, or Mississippi, most of those states also recognize the Florida CWFL by reciprocity. For New England hunts routing through New York or New Jersey, the most restrictive state's hardware rules apply during transit.

Out-of-state license holders driving in or through Florida

Florida recognizes the licenses of states with a written reciprocity agreement (FDACS Division of Licensing maintains the current list). A non-resident holding a recognized license is in the same posture as a Florida CWFL holder for on-person carry.

For a non-license-holder, non-resident at least 21, not prohibited, Florida's permitless-carry authority under § 790.01(1)(b) is available on the same terms as for a Florida resident - § 790.01(1)(b) is not residency-restricted, so long as the person meets the § 790.06(2) substantive criteria. A non-license, non-resident under 21 must transport under § 790.25(4) ("securely encased") or § 926A configuration during the Florida leg, and may not carry on the person. Full reciprocity details are in RECIPROCITY.

Florida-specific traps for travelers

• "Securely encased" is generously defined. § 790.001(15) includes a glove compartment (locked or not), a snapped holster, a gun case (locked or not), a zippered gun case, or "a closed box or container which requires a lid or cover to be opened for access." The conservative reading is a hard-sided lockable case for any cross-state trip; the liberal reading covers a glove-box-stored handgun for in-state private-conveyance transport.
• "Readily accessible for immediate use" is the corresponding negative. A handgun on the seat next to the driver, even unloaded, is "readily accessible" and forfeits § 790.25(4) protection unless the driver is authorized to carry concealed under § 790.01(1).
• Permitless carry stops at the federal facility line and the airport sterile area. § 790.01(1)(b) authority does not extend to federal courthouses, post offices, VA hospitals, military installations, or beyond the TSA checkpoint.
• Place primarily devoted to alcohol service. § 790.06(12)(a)12. prohibits CWFL carry into the bar portion of an alcohol-licensed establishment. A traveler stopping for dinner should screen the venue: a restaurant with a separate bar is fine in the dining room, off-limits at the bar.
• Federal indictment changes the rule under § 922(n). A person under federal indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm in interstate or foreign commerce. § 926A does not save a § 922(n) violation.
• Open carry is lawful for qualifying adults since McDaniels (2025). A handgun worn openly during a transit stop - gas pump, rest area, convenience store - is lawful open carry for a qualifying adult, subject to prohibited places, the § 790.10 improper-exhibition statute, and federal law. § 790.053 is no longer enforceable.

Penalties at a glance

Two lines catch most non-prohibited Florida travelers: accidental TSA checkpoint violations and accidental USPS-property violations. Both are avoidable with a one-minute pre-trip check.

Key statutes reference

Ambiguities and notes

• "Readily accessible" in 18 U.S.C. § 926A is a fact question and the federal definition is not the same as Florida's § 790.001(14). For an interstate trip, treat the firearm as inaccessible only when locked in a hard-sided container in the trunk, separate from ammunition. Florida's in-state "securely encased" rule is more generous, but federal § 926A configuration controls in any state where Florida law does not.
• The § 790.06(12)(a)14. baggage-check carve-out reaches only the path from terminal entrance to the airline counter. It does not authorize carrying through TSA screening, in the sterile area, or aboard the aircraft.
• § 790.25(4)'s "private conveyance" reach to recreational vessels rests on the § 790.25(3) liberal-construction mandate and the absence of any vessel-specific exclusion. No Florida appellate decision squarely holds that a personal boat is a "private conveyance" for (4) purposes, but the textual fit is strong.
• Cruise lines universally prohibit firearms on board even when the ship departs from a Florida port; the contractual prohibition is enforceable as a condition of carriage.
• USPS parking-lot enforcement is in flux post-Bruen. The safe answer is to leave firearms off USPS property absent a clear Eleventh Circuit ruling.
• Permitless carriers under § 790.01(1)(b) lack the § 922(q) Gun-Free School Zone exemption that CWFL holders have - real value of the CWFL on top of reciprocity and NICS-exempt purchasing.
• TSA penalty schedules, airline tariffs, and Amtrak policies update over time. Confirm before each trip.

Source information

• Florida Statutes Chapter 790: §§ 790.001, 790.01, 790.013, 790.053, 790.06, 790.115, 790.25, 790.251. Scraped from FindLaw 2026-05-08.
• 18 U.S.C. § 926A: Federal FOPA interstate-transport safe harbor.
• 18 U.S.C. § 922(q): Gun-Free School Zones Act with state-license exemption.
• 18 U.S.C. § 930: Federal facility prohibition.
• 49 C.F.R. parts 1540 and 1544: TSA aviation security rules.
• 39 C.F.R. § 232.1: USPS conduct on postal property.

Florida Firearm Storage Requirements

The Bottom Line

Florida's primary storage statute is Fla. Stat. § 790.174 - "Safe storage of firearms required." It requires anyone who stores or leaves a loaded firearm on premises under their control, who knows or reasonably should know that a minor under 16 is likely to gain access without lawful permission, to keep the firearm in a securely locked box or container, in a location a reasonable person would believe to be secure, or secured with a trigger lock - except when the firearm is on the person's body or close enough to be retrieved as quickly as if it were carried. Violation is a second-degree misdemeanor if the minor gains access, possesses or exhibits the firearm in a public place, or brandishes it in a rude, careless, angry, or threatening manner under § 790.10. The penalty does not require death or injury; the minor's public possession or improper exhibition is enough. An unlawful-entry defense applies.

Florida does not impose a general adult safe-storage requirement. There is no Florida statute requiring adults to lock firearms, store them in a safe, store ammunition separately, or keep firearms inaccessible to other adults in the home. The state's storage rules are focused entirely on minor access. Layered on top, federal law (18 U.S.C. § 922(z)) requires every federal firearms licensee to provide a "secure gun storage or safety device" with each handgun sold to a non-licensed buyer. That federal point-of-sale rule applies in Florida as in every state.

For Florida concealed weapon or firearm license (CWFL) holders, no storage condition attaches to the license. The Department of Agriculture and Consumer Services does not inspect home storage. The license governs how you carry, not how you store.

Fla. Stat. § 790.174 in Detail

Section 790.174, titled "Safe storage of firearms required," is the operative storage statute in Florida. It operates in three subsections: a conduct rule (subsection (1)), a penalty provision (subsection (2)), and a definition of "minor" (subsection (3)).

The Conduct Rule (§ 790.174(1))

Subsection (1) imposes the storage duty. A person who stores or leaves a loaded firearm on a premise under his or her control, and who knows or reasonably should know that a minor is likely to gain access without lawful permission of the minor's parent or person having charge of the minor, must do one of the following:

1. Keep the firearm in a securely locked box or container; or
2. Keep it in a location which a reasonable person would believe to be secure; or
3. Secure it with a trigger lock.

The statute carves out an explicit exception when the firearm is "on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body." A loaded holstered firearm, or one on a nightstand within arm's reach while the owner sleeps, is not subject to the locked-storage requirement. The statute targets the moment when the responsible adult is not present to control access.

Three elements must align: (a) the firearm is loaded, (b) the storer controls the premises, and (c) the storer knows or reasonably should know that a minor under 16 is likely to gain access without parental permission. An unloaded firearm is not within § 790.174. A loaded firearm on premises where no minor is reasonably likely to be present does not trigger the duty. The "reasonably should know" standard is objective: a parent of a minor under 16 in the home is on constructive notice; an adult who regularly hosts grandchildren is on similar notice.

The Penalty Trigger (§ 790.174(2))

Subsection (2) makes a violation a misdemeanor of the second degree, punishable under § 775.082 (up to 60 days in jail) or § 775.083 (up to a $500 fine), if the storer fails to store the firearm in the required manner and as a result a minor gains access without lawful permission and possesses or exhibits the firearm:

1. In a public place; or
2. In a rude, careless, angry, or threatening manner in violation of Fla. Stat. § 790.10 (improper exhibition of dangerous weapons or firearms).

Two structural points are easy to miss. First, the offense is not triggered merely by the minor obtaining the firearm - the minor must also take it into a public place or brandish it improperly. A minor who finds an unsecured loaded firearm at home, handles it discreetly, and puts it back may produce no § 790.174(2) liability for the storer. Second, the statute does not require death or serious bodily injury. A minor who carries the firearm to a park or points it at another child in anger generates the offense even if no one is hurt.

The closing sentence of subsection (2) carves out an unlawful-entry exception: "This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person." A child who breaks into a locked safe or otherwise commits a separate offense to reach the firearm cuts off the storer's liability.

The "Minor" Definition (§ 790.174(3))

Subsection (3) defines "minor" as "any person under the age of 16." This is 16, not 18. A 16- or 17-year-old in the home does not trigger § 790.174. Other Florida statutes (§ 790.17 furnishing-to-minor and § 790.22 minor-possession) use 18 as the cutoff. Section 790.174 alone uses 16. The storage duty applies to households with persons under 16 likely to gain access; it does not apply to a household with only a 17-year-old child.

Fla. Stat. § 790.175 - Dealer Warning Requirements

Section 790.175 imposes two distinct warning duties on Florida firearm sellers.

Written warning at point of sale (§ 790.175(1)). Upon any retail commercial sale or retail transfer of a firearm, the seller or transferor must deliver a written warning to the purchaser or transferee in block letters not less than 1/4 inch in height:

"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."

Posted counter sign (§ 790.175(2)). Any retail or wholesale outlet that sells firearms must conspicuously post the same warning text at each purchase counter in block letters not less than 1 inch in height. Penalty under § 790.175(3) for knowing violation of either requirement is a second-degree misdemeanor.

Note that the warning text references "a minor under 18," broader than § 790.174's under-16 trigger - a deliberate drafting choice giving the public-notice text a wider age scope than the criminal statute it summarizes, presumably to align with the under-18 furnishing rule in § 790.17 and the under-18 possession rule in § 790.22. The buyer has no statutory acknowledgment-signing duty, no take-home brochure requirement, and no continuing post-sale obligation derived from § 790.175 itself; the buyer's separate storage duty is set by § 790.174.

Fla. Stat. § 790.115(2)(c) - School-Property Storage

Section 790.115 generally prohibits firearm possession at a school-sponsored event, on school property, or on a school bus. Subsection (2)(c)(2) layers a storage-related rule: a person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains it and willfully and knowingly possesses it on school property in violation of subsection (2)(c)(1) commits a second-degree misdemeanor, except that the offense does not apply if the firearm was stored or left in a securely locked box or container, in a location a reasonable person would have believed to be secure, or secured with a firearm-mounted push-button combination lock or trigger lock. The exception also applies when the minor obtains the firearm by unlawful entry, and to law-enforcement officers and military personnel on duty.

This sub-statute tracks § 790.174's compliant-methods structure but adds a school-property-specific consequence chain. A Florida adult whose loaded firearm is taken by a minor who carries it onto school grounds faces both § 790.174 liability (if access was reasonably foreseeable and the minor is under 16) and § 790.115(2)(c)(2) liability (regardless of the minor's age, when the minor brings it to school).

Fla. Stat. §§ 790.17 and 790.22 - Furnishing and Minor Possession

Sections 790.17 and 790.22 are not storage statutes, but both are closely related when a poorly stored firearm reaches a minor's hands. Section 790.17(1) makes it a first-degree misdemeanor to sell, hire, barter, lend, transfer, or give a minor under 18 any dirk, electric weapon, or other weapon (other than an ordinary pocketknife) without the parent's or guardian's permission. Section 790.17(2)(a) elevates the offense to a third-degree felony for knowingly or willfully selling or transferring a firearm to a minor under 18, except that a parent or guardian may transfer ownership of a firearm to a minor with permission; the parent or guardian must maintain possession except as permitted under § 790.22.

Section 790.22(3) prohibits a minor under 18 from possessing a firearm, other than an unloaded firearm at the minor's home, except in narrow circumstances (lawful hunting at age 16 or above; lawful hunting under 16 with adult supervision; lawful marksmanship or recreational shooting; transport to or from such activities, unloaded). Section 790.22(4)(a) makes it a third-degree felony for a parent or guardian or other adult responsible for the minor's welfare to knowingly and willfully permit the minor to possess a firearm in violation of subsection (3).

The combined implication for storage: a parent who stores a loaded firearm where a 17-year-old child has ready access has not violated § 790.174 (the child is over 16) but has potentially violated § 790.22(4)(a) if the parent knowingly permits the resulting possession. Section 790.174 covers the under-16 universe with a storage standard; § 790.22 covers the under-18 universe with a knowing-permission standard. A passive "transfer of possession" by failing to prevent a minor from taking the firearm can also support a § 790.17 charge.

Federal Storage-Related Requirements That Apply in Florida

Trigger or Locking Device at the Point of Sale (18 U.S.C. § 922(z))

Federal law requires every FFL dealer to provide a "secure gun storage or safety device" with each handgun transferred to a non-licensed individual. This is a one-time event at sale. Every new handgun sold by a Florida FFL ships with a cable lock, trigger lock, or comparable device. The federal regulation at 27 C.F.R. Part 478 requires FFL applicants to certify that compatible devices will be available at every place where firearms are sold to non-licensed individuals.

The federal rule applies in Florida exactly as in every other state. It does not reach the buyer's home use of the device after leaving the store. A Florida buyer who removes the cable lock when arriving home and stores the handgun loaded on a nightstand has not violated federal law - though the buyer has potentially violated § 790.174 if a minor under 16 is reasonably likely to gain access. FFL recordkeeping under 27 C.F.R. Part 478 covers acquisitions and dispositions, not storage at the buyer's home; there is no federal counterpart of "registration" for stored firearms.

What Florida Does Not Have

• No general adult safe-storage law. Florida does not require adults to lock firearms when no minor under 16 is likely to gain access. An adults-only home has no Florida storage rule.
• No criminally negligent storage offense beyond § 790.174. Florida requires actual minor access plus public possession or improper exhibition; bare negligent storage is not itself a crime.
• No mandatory locked-container rule. Section 790.174's three compliance methods are alternatives; the "reasonable person would believe to be secure" prong is a flexible standard, not a fixed device requirement.
• No firearm-safety-device sales-tax exemption. Florida applies regular sales tax to gun safes and locks.
• No state lost-or-stolen reporting duty for private owners. Federal law requires FFLs to report theft of FFL-inventory firearms (18 U.S.C. § 923(g)(6)); private owners have no statutory mandate.
• No registration of stored firearms. Section 790.335 prohibits state and local governmental firearm registries.
• No CWFL storage condition. Holding a Florida concealed weapon or firearm license does not change home storage obligations.

Storage During Prohibited-Places Transit

A Florida CWFL holder who carries lawfully under § 790.06 (or who carries without a license under § 790.01 constitutional carry) may still encounter prohibited locations under § 790.06(12) (courthouses, polling places, schools, secured airport areas, certain government meetings, establishments serving alcohol on premises) and may need to leave the firearm in a vehicle while inside. Florida does not impose a specific in-vehicle storage method when the carrier briefly steps away, but practical risk management is to lock the vehicle, keep the firearm out of plain view, and for extended absences use a vehicle-rated lockbox anchored to the seat frame or vehicle structure. If a minor under 16 is reasonably likely to encounter the vehicle in your absence, § 790.174's storage duty attaches to vehicle storage as well as to home storage; the "secure" standard is location-agnostic. See VEHICLE_CARRY and TRANSPORT for further detail.

Estate, Death, and Incapacity Scenarios

Florida has no statute prescribing how firearms must be stored or transferred after the owner's death. Standard estate administration applies: the personal representative takes constructive possession as estate property and either transfers to a qualified heir under the Florida Probate Code or sells through a licensed dealer. During administration, the representative should store firearms securely if the residence remains accessible to family members including minors. For incapacity scenarios - guardianship under Chapter 744 or a risk-protection order under § 790.401 - firearms must be relinquished to a third party per the applicable order. The custodian's storage duty arises from the order, not from § 790.174.

Civil Exposure for Negligent Storage

Even where § 790.174's criminal threshold is not met, a Florida firearm owner whose stored firearm causes injury may face civil liability. Florida tort law recognizes negligence claims against firearm owners who fail to take reasonable steps to prevent foreseeable harm, particularly where a minor accesses a firearm and discharges it. Insurers writing homeowner policies in Florida increasingly inquire about firearm storage practices and may exclude coverage for incidents involving improperly stored firearms. A Florida owner relying solely on the criminal-statute threshold has not addressed civil exposure.

Practical Storage Guidance for Florida CWFL Holders and Adult Owners

The following recommendations are not Florida law. They reflect general firearm-safety best practice taught by NRA-certified, USCCA-certified, and Florida Department of Agriculture-authorized CWFL instructors. A Florida owner who ignores all of these recommendations violates no statute, provided no minor under 16 gains access under § 790.174 and the household otherwise complies with §§ 790.17, 790.22, and 790.115.

In a home with minors under 16, regular minor visitors, or grandchildren visits:

1. Store firearms in a locked container (handgun safe, gun safe, or lockbox) when not on your person or under your direct control. This cleanly satisfies § 790.174's "securely locked box or container" prong.
2. Add a trigger lock, cable lock, or firearm-mounted combination lock on long-term-storage firearms as a second layer.
3. Store ammunition separately from firearms not designated for home defense. If the firearm is not loaded, § 790.174 does not apply.
4. For a designated home-defense firearm, use a quick-access biometric or push-button safe at the bedside.
5. Re-evaluate storage whenever household composition changes.

For an adults-only home with no minor visitors: Florida law does not require any particular storage method. A nightstand pistol is lawful. Practical risk management still suggests locked storage when the home is unattended.

Pending Legislation and Local Preemption

As of the 2025 Florida Legislature regular session, no enacted change has materially altered § 790.174 or § 790.175. Bills proposing a general adult safe-storage requirement or a child-access prevention law expanded to under-18 have been introduced in recent sessions and have not advanced.

Local Florida ordinances are constrained by the state preemption statute, § 790.33, which preempts the entire field of firearm and ammunition regulation and authorizes civil penalties against local officials who knowingly violate the rule. A local "safe-storage ordinance" imposing storage rules on lawful owners would face preemption challenge under § 790.33.

Key Statutes Referenced

Florida law as of the 2025-2026 legislative session imposes a single criminal storage duty: § 790.174's under-16 child-access framework, with the public-possession or improper-exhibition trigger. Section 790.175's dealer warning requirements layer on top, and the federal point-of-sale device rule under 18 U.S.C. § 922(z) applies as in every state. No general adult safe-storage requirement exists in Florida.

Castle Doctrine and Stand Your Ground in Florida

Florida's Castle Doctrine, codified at Fla. Stat. § 776.013, creates a strong presumption of reasonable fear of imminent peril of death or great bodily harm when an intruder unlawfully and forcefully enters or attempts to enter your dwelling, residence, or occupied vehicle. The presumption applies in both directions: it presumes you reasonably feared death or great bodily harm under § 776.013(2), AND it presumes the intruder was acting with the intent to commit an unlawful act involving force or violence under § 776.013(4). The doctrine extends to all three protected places - dwelling, residence, and occupied vehicle - and combines with the pretrial immunity from criminal prosecution and civil action in § 776.032 to make Florida one of the strongest jurisdictions in the country for home-defense protection.

Florida self-defense law lives in Chapter 776 of the Florida Statutes. The companion USE_OF_FORCE section walks through the broader framework - § 776.012 (defense of person), § 776.031 (defense of property), § 776.041 (aggressor exclusions). This section drills into Castle Doctrine and Stand Your Ground specifically: the § 776.013(1) no-duty-to-retreat rule inside a dwelling or residence, the § 776.013(2) two-prong presumption of reasonable fear, the § 776.013(3) four exceptions that turn the presumption off, the § 776.013(4) intent presumption that runs against the intruder, the § 776.013(5) definitions of "dwelling," "residence," and "vehicle," and the § 776.032 pretrial immunity that puts the burden on the prosecution at a Bretherick-style hearing.

How § 776.013 fits with the rest of Chapter 776

Chapter 776's self-protection rules form a layered structure. § 776.012 is the general justification statute for using or threatening force in defense of person. § 776.012(1) authorizes non-deadly force against another's imminent unlawful force, with no duty to retreat. § 776.012(2) authorizes deadly force when the actor reasonably believes it is necessary to prevent imminent death, great bodily harm, or the imminent commission of a forcible felony, again with no duty to retreat - the so-called Stand Your Ground rule - provided the actor is not engaged in criminal activity and is in a place where he or she has a right to be. § 776.013 is the home-protection statute layered on top of that general rule. § 776.031 covers defense of property and others. § 776.032 provides the immunity backstop.

The relationship matters because § 776.013 does two distinct things. First, in subsection (1) it states a no-duty-to-retreat rule for someone in a dwelling or residence in which that person has a right to be. Second, in subsection (2) it creates an evidentiary presumption that the defender reasonably feared imminent peril of death or great bodily harm when the triggering conditions are met. These are different protections. The retreat rule is a substantive duty-allocation rule. The presumption is an evidentiary thumb on the scale. A defender can have one without the other in some configurations, and treating them as a single rule is one of the most common student errors in Florida self-defense classes.

The deadly-force baseline (§ 776.012(2))

Before § 776.013(2)'s presumption matters, the defender has to fit within the deadly-force baseline. § 776.012(2) authorizes deadly force when the actor reasonably believes it is necessary to prevent (a) imminent death or great bodily harm to himself, herself, or another, or (b) the imminent commission of a forcible felony. The actor must not be engaged in criminal activity and must be in a place where he or she has a right to be in order to invoke the no-retreat rule.

The § 776.013(2) presumption operates on the reasonableness of the defender's belief. It does not authorize deadly force outside the § 776.012(2) categories. A defender confronted with a clearly non-deadly threat - a thrown punch by an unarmed attacker, for instance - does not get to use deadly force just because the attacker is in the home. The presumption presumes the fear was reasonable; it does not transform the encounter into one that required deadly force in the first place.

The Castle Doctrine presumption (§ 776.013(2))

This is the operative Castle Doctrine provision. Two conjunctive elements have to line up.

Under § 776.013(2), a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another, if both:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Both elements have to be satisfied. If either fails, the presumption is unavailable. The defender can still raise self-defense at trial under § 776.012, but without the evidentiary thumb on the scale.

A few practical points on each element.

Element (2)(a) is alternative. The trigger is satisfied by any of three scenarios: (i) an in-progress unlawful and forceful entry, (ii) an already-completed unlawful and forcible entry, or (iii) an unlawful removal or attempted removal of someone from the protected place against that person's will. A burglar caught mid-kick at the front door, a home invader already inside the living room, and a kidnapper dragging a family member out the back door each independently triggers the presumption.

"Unlawfully and forcefully" is doing real work. Florida's presumption is not extended to a quiet, stealthy entry by someone who has been told to leave and refuses. The intruder has to be coming in (or removing the resident) by means that are both unlawful and forceful. A burglar who pries open a window, kicks in a door, breaks a sliding-glass panel, or shoves past a defender at the threshold has used force in the sense the statute contemplates. A houseguest who quietly refuses to leave after the host revokes consent has not necessarily used force at the moment of overstaying - though continued unwanted presence can become a forceful act if the guest physically resists removal.

"Knew or had reason to believe" is the actor's perception standard. The statute looks at what the defender actually knew or had reason to believe at the moment force was used, not what was later determined to be true. A homeowner who hears glass break, sees a silhouette in the hallway at 3 a.m., and reasonably believes a forceful entry is in progress satisfies (2)(b) even if the prosecution later proves the back door was unlocked or the entry less forceful than it appeared.

The presumption runs to "intended or likely to cause death or great bodily harm" force. § 776.013(2) is keyed to defensive force at the deadly-force level. Non-deadly defensive force is governed by the general non-deadly rules in § 776.012(1) and the no-retreat rule in § 776.013(1)(a).

The four exceptions that turn the presumption off (§ 776.013(3))

§ 776.013(3) lists four exceptions where the presumption does NOT apply. If any one of the four fits, the (2) presumption is off and the case proceeds without it.

(a) Lawful resident. The presumption does not apply if the person against whom defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle - for example an owner, lessee, or titleholder - and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person. This is the cohabitant carve-out: a spouse, roommate, or family member who lawfully lives there does not lose lawful-resident status simply by being involved in a heated argument. The carve-out itself has a carve-back: if a domestic-violence injunction or written pretrial no-contact order is in force against that person, the lawful-resident exception evaporates and the (2) presumption is again available against that person.

(b) Custody/guardianship. The presumption does not apply if the person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom defensive force is used or threatened. A parent or grandparent retrieving a child or grandchild from another household - even forcefully - is not the kind of "removal" the Castle Doctrine was written to protect against. The (2)(a) "removal against that person's will" trigger is overridden by lawful custody or guardianship.

(c) Defender engaged in or furthering criminal activity. The presumption does not apply if the person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity. A drug dealer using a stash house, a person committing identity theft from inside the home, or a fugitive hiding from a warrant does not get the presumption when an intruder breaks in. The defender can still argue self-defense at trial, but the (2) thumb on the scale is gone.

(d) Law-enforcement officer in performance of official duties. The presumption does not apply if the person against whom defensive force is used or threatened is a law-enforcement officer, as defined in § 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law-enforcement officer. This is the no-warrant-shootout rule. A homeowner cannot turn an executing officer into an "intruder" by claiming surprise. The exception requires either officer self-identification under applicable law or the defender's actual or constructive knowledge that the entrant was a law-enforcement officer.

The four exceptions in § 776.013(3) work as defeaters. If none of them fits, and the (2) elements line up, the presumption is in. If any of the four fits, the presumption is out, and the case turns on ordinary § 776.012 self-defense reasonableness.

The intent presumption that runs against the intruder (§ 776.013(4))

§ 776.013(4) provides a separate presumption that runs in the same direction as (2): a person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. This presumption is about the intruder, not about the defender. It supports the defender's case at two levels.

First, it backstops the (2) reasonable-fear presumption. A defender's belief that the intruder posed a violent threat is more readily found reasonable when the law itself presumes the intruder's intent was violent. Second, it bears on whether one of § 776.012(2)'s alternative triggers - the imminent commission of a "forcible felony" - was in play. Many burglary, robbery, and kidnapping prosecutions turn on intent at the threshold; (4)'s presumption tilts that question against the intruder.

(4) does not, by itself, authorize deadly force. The defender still has to fit within § 776.012(2)'s deadly-force standard. But (4) makes it harder for the prosecution to argue that a forced entry was just a misunderstanding or an innocent mistake.

The no-duty-to-retreat rule inside a dwelling or residence (§ 776.013(1))

§ 776.013(1) sits alongside the (2) presumption but does a different job. It is the no-retreat rule for someone inside a dwelling or residence in which that person has a right to be. The text:

A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:

• (a) Non-deadly force against another 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; or
• (b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

Three things to notice.

First, § 776.013(1) is location-tied to a "dwelling or residence" - not to "vehicle." The vehicle protection in Florida law for the no-retreat rule comes through § 776.012's general Stand Your Ground language, which extends statewide. § 776.013(1) is the targeted home-and-residence version.

Second, the no-retreat rule applies at both force levels. (1)(a) covers non-deadly force; (1)(b) covers deadly force. A homeowner does not have to retreat before pushing an intruder out, and does not have to retreat before firing if the deadly-force standard is met.

Third, "right to be" is a meaningful condition. A burglar inside someone else's house has no right to be there and gets no benefit from § 776.013(1). A roommate, owner, lessee, or invited guest does. The "right to be" concept tracks the statute's overall logic that Castle Doctrine protects lawful occupants against unlawful intruders, not the other way around.

The (1) retreat rule and the (2) presumption work together but operate independently. A homeowner facing a forced entry gets both. A homeowner facing an unarmed cohabitant who escalates a verbal argument might get (1) (no retreat) without (2) (the cohabitant carve-out in (3)(a) takes the presumption away).

Definitions: dwelling, residence, vehicle (§ 776.013(5))

§ 776.013(5) defines the three protected places.

(a) Dwelling means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. The breadth here is striking: "dwelling" reaches tents on a camping trip, RVs at a campsite, mobile homes in a park, attached porches, and structures on a job site that have a roof and are designed for overnight lodging. The defining features are (i) a roof, and (ii) overnight-lodging design.

(b) Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. "Residence" includes the invited guest. A homeowner's friend staying for the weekend, a relative visiting over the holidays, and a contractor invited to spend the night during an out-of-town job each fits inside the "residence" definition during the visit. The Castle Doctrine extends to the invited guest's defensive use of force inside the host's home.

(c) Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. Cars, trucks, motorcycles, RVs (in their vehicular function), boats, trailers, and even non-motorized conveyances like bicycles in some readings can fit. The presumption in (2) requires the vehicle to be occupied at the moment force is used; an empty parked car does not get the (2) treatment, though general self-defense rules still apply if the defender is nearby and a forceful felony is in progress.

Pretrial immunity layered on top: § 776.032

The Castle Doctrine's protection is heightened in Florida by the pretrial immunity statute, § 776.032. This is the statute that makes Florida self-defense law substantially stronger than most jurisdictions, and it operates in tandem with the Castle Doctrine.

§ 776.032(1) provides that a person who uses or threatens to use force as permitted in § 776.012, § 776.013, or § 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force. The statute defines "criminal prosecution" to include arresting, detaining in custody, and charging or prosecuting the defendant. The immunity covers both criminal liability and civil liability brought by the person against whom force was used or that person's personal representative or heirs. The law-enforcement-officer carve-out matches § 776.013(3)(d).

§ 776.032(2) restricts the police themselves: a law-enforcement agency may use standard procedures for investigating the use or threatened use of force, but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force was unlawful. This is a substantive limit on the arrest power.

§ 776.032(3) awards reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution.

§ 776.032(4) is the burden-shifting provision that makes the Bretherick-style hearing meaningful. In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity - the prosecution. This 2017 amendment flipped the burden that the Florida Supreme Court had placed on the defendant in Bretherick v. State, 170 So. 3d 766 (Fla. 2015). After 2017, the prosecution has to prove by clear and convincing evidence that the defendant's conduct was not justified, before trial, in front of a judge.

The combination matters. A homeowner who fits inside § 776.013(2)'s presumption and § 776.012(2)'s deadly-force baseline can move for pretrial immunity, force the prosecution to a clear-and-convincing-evidence showing in front of a judge before any jury hears the case, and obtain dismissal - and recover attorney's fees and costs in any related civil action. This is one of the strongest combinations of Castle Doctrine and immunity protections in any state.

The aggressor exclusions (§ 776.041)

§ 776.041 takes the justification described in the preceding sections (including § 776.013) away from a person who:

• (1) is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
• (2) initially provokes the use or threatened use of force against himself or herself, unless (a) such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and has exhausted every reasonable means to escape such danger other than the use of force likely to cause death or great bodily harm; or (b) in good faith, the person withdraws from physical contact with the assailant and clearly indicates a desire to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes.

§ 776.041 applies across Chapter 776, including § 776.013. A homeowner who provoked the encounter in the first place, or who is committing a forcible felony at the time of the use of force, falls outside the Castle Doctrine and the broader self-defense framework alike - subject to the (2)(a) imminent-danger-with-no-escape and (2)(b) good-faith-withdrawal exceptions to the provocation bar.

Comparison with other strong-Castle states

Florida's Castle Doctrine sits in the strongest tier of state Castle Doctrines. Three quick comparisons.

Texas extends castle protection to occupied habitation, vehicle, and place of business or employment, which is broader than Florida on the workplace dimension. But Texas pairs the presumption with three conjunctive elements (no provocation, no other criminal activity, knew of unlawful and forceful entry) and Texas's pretrial-immunity infrastructure is less developed than Florida's § 776.032 mechanism.

Pennsylvania protects dwelling, residence, and occupied vehicle - the same three places as Florida. Pennsylvania's presumption likewise creates a presumption of reasonable belief in the necessity of deadly force on a forced or unlawful entry. But Pennsylvania has no pretrial immunity hearing comparable to § 776.032(4), and the prosecution does not bear the clear-and-convincing-evidence burden before trial.

Kansas is in the same family but the statutory text and structure are leaner; Kansas does not extend the same § 776.032-style fee-shifting and immunity infrastructure that Florida provides.

What makes Florida among the strongest in the country is the combination: (i) a presumption running both ways under § 776.013(2) and (4); (ii) coverage of dwelling, residence, and occupied vehicle under § 776.013; (iii) Stand Your Ground under § 776.012(2) with no duty to retreat anywhere the defender has a right to be; (iv) pretrial immunity from criminal prosecution and civil action under § 776.032(1); (v) the prosecution's clear-and-convincing-evidence burden at the pretrial immunity hearing under § 776.032(4); and (vi) attorney's fees and costs to a prevailing defendant in civil actions under § 776.032(3). No single feature in isolation is unique to Florida, but the stack is extraordinarily protective of home-defense use of force.

Practical scenarios

These scenarios are illustrative, not legal advice. Every real case turns on facts a paragraph cannot capture.

Scenario 1: 3 a.m. forced entry. You wake to a back door being kicked in. The intruder advances, and you fire. § 776.013(2) gives you the presumption: someone unlawfully and forcefully entered your dwelling, you knew it, and § 776.013(4) presumes the intruder's intent was to commit an unlawful act involving force or violence. § 776.013(1)(b) gives you the no-retreat rule. § 776.012(2) supplies the deadly-force baseline. § 776.032 lets you move for pretrial immunity, and § 776.032(4) puts the clear-and-convincing burden on the prosecution.

Scenario 2: Carjacking. Two armed men attempt to drag you from your occupied vehicle in a parking lot. § 776.013(2)(a) is satisfied - unlawful and forceful removal from an occupied vehicle. § 776.013(4) presumes their intent was violent. § 776.012(2)'s Stand Your Ground rule applies in the parking lot because you are in a place where you have a right to be and you are not engaged in criminal activity.

Scenario 3: Cohabitant argument. Your roommate, who is a lawful resident with no domestic-violence injunction or pretrial no-contact order against him, escalates an argument and shoves you. The § 776.013(3)(a) cohabitant exception applies, so the (2) presumption is off. You can still defend yourself under § 776.012(1)'s general non-deadly-force rule and § 776.013(1)(a)'s no-retreat-in-the-dwelling rule, but the case turns on ordinary reasonableness, not on the presumption.

Scenario 4: Cohabitant argument with a DV injunction. Same facts, but a domestic-violence injunction is in force against the roommate. The § 776.013(3)(a) carve-out's carve-back kicks in: lawful-resident status does not protect a person subject to a DV injunction, so the (2) presumption is back on the table if he then unlawfully and forcefully enters or commits an unlawful and forcible act.

Scenario 5: Officer with a warrant. Police execute a properly obtained warrant at your home. Officers identify themselves in accordance with applicable law. § 776.013(3)(d) applies - the (2) presumption is off as to the entering officers. Defensive use of force against identified officers in the performance of their duties does not get the Castle Doctrine treatment, and § 776.032 immunity does not extend to force used against an identified officer acting in official duties.

Scenario 6: Defender furthering criminal activity. You are running an illegal poker room out of your living room when armed robbers force their way in. § 776.013(3)(c) applies - the (2) presumption is off, because you are using the residence to further a criminal activity. You may still argue § 776.012(2) self-defense at trial, but without the presumption and likely without § 776.032 immunity (the immunity tracks the justification statutes, and § 776.041(1) takes the justification away from someone in the course of a forcible felony).

Scenario 7: Tent at a campsite. You are sleeping in a tent at a campground when a stranger forces his way in. The § 776.013(5)(a) definition of "dwelling" expressly includes a tent that has a roof and is designed for overnight lodging. § 776.013(2) and § 776.013(1)(b) apply.

Scenario 8: Invited guest in a friend's home. You are spending the weekend at a friend's house when an intruder forces his way in. § 776.013(5)(b)'s definition of "residence" includes a person visiting as an invited guest, so you sit inside the Castle Doctrine's protected place. § 776.013(1) and (2) apply.

Reference table

Florida State Preemption of Firearm Regulation

Fla. Stat. § 790.33 is among the strongest firearm-preemption statutes in the country. It declares the Legislature "occupies the whole field" of firearm regulation, expressly nullifies any existing or future county, city, town, or municipal ordinance or administrative rule on firearms or ammunition, and imposes severe penalties on local officials who knowingly violate preemption - including civil penalties up to $5,000, mandatory attorney-fee awards to plaintiffs who successfully challenge local firearm rules, personal liability for knowingly-violating officials, and removal from office by the Governor. The statute is short-titled the "Joe Carlucci Uniform Firearms Act."

For a license-holder, the practical takeaway is short. Your Florida concealed weapon or firearm license - and your underlying state-law right to own, possess, store, and transport firearms and ammunition - is the same in every county, every city, every town, and every municipality in Florida. No local government can layer a local permit, a local registration scheme, a local "no firearms in the park" rule, an assault-weapon ban, a magazine-capacity limit, an ammunition-tax, a local waiting period, or a discharge-on-private-property rule on top of state law. Any pre-1987 ordinance to that effect was wiped out by § 790.33(1)-(2) the moment the statute was enacted, and any post-1987 attempt is void from inception, exposes the local government to a permanent injunction, exposes the responsible officials personally to a civil fine of up to $5,000, and exposes the local treasury to mandatory attorney-fee awards (with a contingency-fee multiplier) plus actual damages up to $100,000. If you read about a Florida ordinance that purports to regulate the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, or transportation of firearms or ammunition, it is almost certainly preempted, and the courts have a clear and aggressive enforcement toolkit to prove it.

The Operative Statute: Fla. Stat. § 790.33(1)

Section 790.33(1), titled "Preemption," is the heart of the statute. It reads:

"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."

Four things to notice in that text.

1. "The whole field." Florida did not adopt a list-based preemption statute that names specific subjects (carrying, transportation, storage, and so on) and leaves everything else to local discretion. The Legislature instead declared that it "occupies the whole field" of firearm and ammunition regulation. The list that follows - "the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation" - is illustrative, not exclusive. Anything a local government might attempt that "relates to" firearms or ammunition falls inside the preempted field.
2. Who is preempted. "All existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government." Every form of Florida local government is on that list - counties (chartered or not), cities (chartered or not), towns, and municipalities. The phrase "administrative regulations or rules adopted by local or state government" extends preemption to non-legislative action: a sheriff cannot promulgate a department rule that does what the county commission cannot; a county administrator cannot achieve by policy memo what the council cannot achieve by ordinance.
3. What is preempted. Purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of firearms and ammunition. The taxation reference is significant - local governments cannot impose a special tax on firearms or ammunition or on firearm dealers as a method of regulation. The storage reference is significant - local governments cannot impose a "safe-storage" mandate on top of state law.
4. Automatic null and void. Subsection (1) closes with "Any such existing ordinances, rules, or regulations are hereby declared null and void." When § 790.33 became law in 1987, every then-existing local firearm ordinance in Florida was extinguished by operation of statute. There was no need for litigation, no need for local repeal, no transition period. The same rule applies to any future ordinance: if it falls inside the preempted field, it is null and void from the moment of enactment, with no presumption-of-validity defense available to the local government.

Policy and Intent: § 790.33(2)

Subsection (2) sets out the Legislature's stated purpose. Subsection (2)(a) lists four objectives: (i) "to provide uniform firearms laws in the state," (ii) "to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof," (iii) "to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law," and (iv) "to require local jurisdictions to enforce state firearms laws." Subsection (2)(b) adds a deterrence purpose: "to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority."

Two doctrinal points sit inside that intent statement. First, the field is closed unless the Legislature itself opens it. A local government that wants to regulate firearms must point to "this section or general law" (i.e., § 790.33's own narrow exceptions or another statewide statute) for affirmative authority - not to the absence of a state-law prohibition. Second, the Legislature characterized local firearm ordinances as an "abuse of official authority." That framing supports the personal-liability and removal-from-office penalties that follow in subsection (3).

Penalties: § 790.33(3)

Subsection (3) is what gives Florida's preemption statute its teeth. It is the most aggressive enforcement scheme in any state preemption statute in the country.

§ 790.33(3)(a) - Liability rule. Any "person, county, agency, municipality, district, or other entity" that violates the Legislature's occupation of the whole field "by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein." The verb is "shall." Liability is automatic on violation; the question for the court is the remedy, not whether liability attaches.

§ 790.33(3)(b) - Mandatory injunction. If a local government violates § 790.33, "the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule." The statute then forecloses the standard government defenses: "It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel." A city cannot defend a preempted ordinance on the ground that the city attorney told the council the ordinance was lawful.

§ 790.33(3)(c) - Personal civil fines. "If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred." The fine runs against the person, not the political subdivision. Council members, county commissioners, and agency heads who knowingly enact or enforce a preempted ordinance face a $5,000 personal exposure each.

§ 790.33(3)(d) - No public-funds defense. "Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section." A city cannot indemnify or reimburse the council members who voted for a preempted ordinance once a court finds the violation was knowing and willful. The personal exposure under (3)(c) cannot be quietly absorbed by the city's general fund.

§ 790.33(3)(e) - Removal from office. "A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor." Florida is the only state that authorizes the Governor to remove an elected official from office for violating firearm preemption. The removal power is not theoretical - it has been wielded as a credible threat against local officials since the 2011 amendment that added (3)(c)-(e).

§ 790.33(3)(f) - Private right of action. Any person, or any organization whose membership is adversely affected by a preempted ordinance or rule, "may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages." The statute sets the prevailing-plaintiff remedies in mandatory terms: "A court shall award the prevailing plaintiff" both "[r]easonable attorney fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law" and "[t]he actual damages incurred, but not more than $100,000." The voluntary-cessation rule in § 790.33(3)(f)2 closes the obvious workaround: if the defendant repeals the offending ordinance after suit is filed, the plaintiff is still treated as the prevailing party for fee-shifting purposes. Interest runs from the date of filing.

The combined effect of (3)(b)-(f) is a fee-shifted, personally-enforceable, automatically-injunctive remedy structure that gives any Floridian - and any organization - standing and incentive to sue. That structure is why post-1987 challenges to Florida local firearm ordinances are routinely litigated to verdict rather than settled by quiet repeal: the plaintiff who litigates collects fees; the plaintiff who settles before judgment may not.

What Is NOT Preempted: § 790.33(4)

Section 790.33(4) is a closed list of five exceptions. The list is short, and each exception is narrow.

• Generic zoning that includes firearm businesses. Section 790.33(4)(a) preserves "[z]oning ordinances that encompass firearms businesses along with other businesses." A municipality may include a gun shop in a generally-applicable commercial zoning district. The exception is then qualified: "zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited." A municipality cannot draft a zoning ordinance that singles out firearm dealers for restrictions other firms in the same district do not face.
• Law-enforcement-agency rules for officers. Section 790.33(4)(b) preserves "[a] duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties." A sheriff's office can specify the duty weapon, the duty ammunition, and the carry holster for its deputies. That rule operates only within the agency, not against the public.
• Public-employee carry rules, with the workplace-storage exception. Section 790.33(4)(c) preserves a local government's authority "to regulat[e] or prohibit[] the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee's official duties." A city can require its accountants and engineers to leave their firearms at home during the workday. The carve-out is then itself subject to Florida's "parking-lot" statute: § 790.33(4)(c) is expressly subject to "s. 790.251," which protects an employee's stored handgun in the employee's locked vehicle in the employer's parking lot. The local-government employer can regulate carry on-duty; it cannot reach into the parking lot.
• Judicial action. Section 790.33(4)(d) preserves the authority of "[a] court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge." Courts adjudicate; they do not legislate around preemption.
• FWC wildlife regulation. Section 790.33(4)(e) preserves the authority of "[t]he Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission." FWC sets caliber rules for hunting and operates state-managed ranges; that authority is statewide and constitutional, not local.

Beyond the (4) exceptions, several things sit outside § 790.33's reach as a matter of scope rather than as enumerated carve-outs.

• Private property rules. Section 790.33 reaches local governments. It does not reach private actors. A homeowner, a landlord, a shopping-mall owner, a stadium operator, a university, or a place of worship can prohibit firearms on its own property. Trespass after refusal can be prosecuted under Florida law. A § 790.06-licensed concealed-carry licensee who is asked to leave private property for carrying must leave; the license does not override the property owner's wishes.
• Federal law. Federal restrictions (the Gun-Free School Zones Act under 18 U.S.C. § 922(q), federal-building bans under 18 U.S.C. § 930, federal-park rules) operate independently of Florida preemption. Section 790.33 cannot validate conduct federal law forbids; federal law cannot validate a local ordinance § 790.33 forbids.
• State statutory location bars. Florida law itself prohibits firearms in certain locations regardless of license status (the § 790.06(12) list - police stations, courthouses, polling places, government meetings, schools, secured airport areas, and others). Those rules sit alongside § 790.33, not under it: they are state-law restrictions, not local ones, and § 790.33 does not preempt the Legislature itself.
• Constitutional baseline. Article I, § 8 of the Florida Constitution guarantees a state right to keep and bear arms. Section 790.33 explicitly subordinates itself to "the State Constitution or general law" in subsection (1). Nothing in the preemption statute can be read to authorize state-level conduct that violates the state right to bear arms.

Historical Examples: Ordinances That Have Been Struck Down

Section 790.33's automatic-null-and-void rule extinguished a long list of pre-1987 Florida local firearm ordinances on the day the statute took effect. After the 2011 amendment added the personal-fine, no-public-funds, and removal-from-office penalties, Florida saw a wave of post-litigation repeals as cities and counties cleaned up ordinances that had escaped attention. The categories of ordinances that have been invalidated, repealed, or enjoined under § 790.33 include the following.

• Local discharge ordinances that exceeded state law. Several Florida cities and counties had local ordinances that purported to regulate firearm discharge in residential neighborhoods or on private property. Where such ordinances reach beyond the state-law discharge rules in Fla. Stat. § 790.15 and the unincorporated-area discharge framework, they are preempted.
• Local park and beach carry bans. Municipal ordinances barring firearms in city parks, on city beaches, or on city-owned waterfront property have been repealed or enjoined under § 790.33. The municipality cannot use proprietary control of the park to reach what § 790.33(1) takes away.
• Local gun-show rules. Miami-Dade County's gun-show ordinance, which imposed background-check and waiting-period requirements on private sales at gun shows held on county property, has been the subject of repeated preemption challenges; the county's authority is limited to what § 790.33(4) permits and to what the Florida Constitution's separate gun-show waiting-period provision (Article VIII, § 5(b)) authorizes for county-occurring sales - and any locally-imposed regulation that goes beyond that constitutional grant is preempted.
• Local "assault weapon" registration or ban ordinances. Any post-1987 ordinance attempting to ban or register so-called "assault weapons" within a municipality is null and void by force of § 790.33(1)-(2), and is enjoinable on filing.
• Local mandatory-storage ordinances. Municipalities have attempted, and have been enjoined from enforcing, ordinances that impose mandatory home-storage requirements on firearm owners. Storage is one of the enumerated subjects in § 790.33(1), and local storage rules are paradigmatic preempted regulation.
• Local ammunition taxes and dealer-licensing schemes. Special local taxes on firearms or ammunition, and special local licensing schemes for firearm dealers (other than generally-applicable business taxes and zoning), are preempted. Taxation is one of the enumerated subjects in § 790.33(1).
• Sheriff and police-chief administrative rules limiting public carry. Department-level administrative rules that purport to limit public carry by license-holders on agency-controlled property (parking lots open to the public, lobbies accessible without secured entry, and similar) can fall within § 790.33's "administrative regulations or rules adopted by local or state government" language and have been challenged on that basis.

Florida's enforcement experience since 2011 is that the deterrent effect of § 790.33(3) has been substantially more important than the volume of litigation. Once a county attorney explains to a board of commissioners that voting "yes" on a preempted ordinance carries a personal $5,000 exposure, no public-funds reimbursement, and a Governor-initiated removal proceeding, most preempted ordinances die in committee. The handful that reach final passage are usually repealed quickly after the first challenge letter.

Practical Implications for License-Holders and Dealers

For a Florida concealed-weapon licensee, the takeaway is uniformity. Your § 790.06 license functions identically across Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Pinellas, Duval, Leon, Escambia, and every other county. A municipality cannot impose a local permit requirement, a local registration of carry-licensees, a local "no-carry" zone in its parks or on its beaches, a local mandatory-storage rule on a vehicle parked on a municipal lot, or a local restriction on what firearms or ammunition you may purchase, possess, store, or transport. The state-law location restrictions in § 790.06(12) and § 790.115 (school grounds) are the operative location list; the local-ordinance overlay does not exist.

For a Florida firearm dealer, the takeaway is parity. Generally-applicable zoning rules apply, generally-applicable business taxes apply, and the ATF's federal regulatory structure applies. A municipality cannot impose firearm-specific dealer-licensing, firearm-specific recordkeeping rules beyond ATF requirements, firearm-specific signage, or firearm-specific tax. Display, transfer, and inventory are within the preempted field.

For a Florida private buyer or seller, the takeaway is the constitutional carve-out. The Legislature occupies "the whole field" of firearm regulation in § 790.33(1), but the statute itself bows to "the State Constitution or general law." The Florida Constitution's Article VIII, § 5(b) waiting-period provision for county-held gun shows is the rare local rule that operates by direct constitutional grant, not by ordinance. Outside that constitutional carve-out, private transfers in Florida are governed by state and federal law alone - and § 790.25 (lawful uses of arms) protects the private transfer of long guns and handguns between non-prohibited Florida residents under the conditions state and federal law prescribe.

For a Florida local elected official, the takeaway is exposure. The 2011 amendments to § 790.33(3) make voting for a preempted ordinance an act of personal financial risk. The "knowing and willful" standard is the only thing standing between an official and the $5,000 personal fine, the no-public-funds rule, and the Governor's removal authority - and once the county attorney has explained § 790.33 in a public meeting, an official's vote in favor of a clearly-preempted ordinance is not a hard "knowing and willful" finding for a court to make.

The "Joe Carlucci Uniform Firearms Act" - the short-title bestowed by § 790.33(5) - does what its name promises. Florida has uniform firearm laws. The Legislature wrote them, the Legislature controls them, and the Legislature has attached enough enforcement teeth to § 790.33(3) that local governments rarely test the rule for long.

Florida Red Flag / Risk Protection Orders

Florida HAS a Risk Protection Order (RPO) law - codified at Fla. Stat. § 790.401, enacted in March 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act after the Parkland shooting. Florida is one of about 21 states with an ERPO/red-flag framework, and § 790.401 was the first ERPO statute passed by a Republican-controlled state legislature. ONLY a law enforcement officer or law enforcement agency may petition the court - family members, school officials, household members, mental-health professionals, and physicians cannot petition directly. That is a deliberate design choice and a sharp distinction from California, New York, Illinois, Hawaii, New Jersey, and the Washington-state and DC frameworks, which all permit family or household petitioners. The respondent must surrender all firearms, ammunition, and any concealed-weapon-or-firearm license (CWFL) issued under Fla. Stat. § 790.06 immediately upon service, with a compliance hearing scheduled no later than 3 business days after the order issues. A final RPO can run up to 12 months on a clear-and-convincing-evidence finding, and is renewable in 12-month increments.

This section walks instructors and CCW students through what § 790.401 does, how it interacts with the federal § 922(g) prohibitor framework, and the practical consequences for a Florida concealed-weapon-or-firearm-license (CWFL) holder.

Why this matters for CWFL holders

If a Florida court issues either a temporary ex parte RPO or a final RPO against you, three things happen at the moment of issuance:

1. You become subject to a court order forbidding you from "having in your custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition" for the duration of the order. Fla. Stat. § 790.401(3)(b), § 790.401(4)(c).
2. You are required to surrender - to the local law enforcement agency serving the order - all firearms and ammunition you own and any CWFL issued to you under Fla. Stat. § 790.06. Fla. Stat. § 790.401(7)(a)-(b).
3. Within 24 hours after the order issues, the issuing court forwards your identifying information to the Florida Department of Agriculture and Consumer Services (DACS), the agency that issues and administers CWFLs under § 790.06. DACS must then immediately suspend your CWFL. Fla. Stat. § 790.401(10)(c).

The order is also entered into the Florida Crime Information Center and the National Crime Information Center within 24 hours, which means it shows up on every NCIC query nationwide. Fla. Stat. § 790.401(10)(b). Possession or attempted purchase of a firearm or ammunition while the RPO is in effect - with knowledge of the order - is a third-degree felony under Fla. Stat. § 790.401(11)(b), punishable under §§ 775.082, 775.083, and 775.084 by up to 5 years in prison and a $5,000 fine.

A final RPO that meets federal due-process standards may also independently invoke the federal prohibitor at 18 U.S.C. § 922(g)(8), depending on the facts and the order's findings. The state-law surrender requirement does not depend on whether § 922(g)(8) is also triggered; the Florida order itself is enough.

How an RPO is initiated: law-enforcement-only standing

This is Florida's signature design choice and the most important practical fact about § 790.401.

Under Fla. Stat. § 790.401(1)(a), a "petitioner" is defined as "a law enforcement officer or a law enforcement agency that petitions a court for a risk protection order under this section." Subsection (2)(a) repeats the rule operationally: "A petition for a risk protection order may be filed by a law enforcement officer or law enforcement agency." There is no provision for any other class of petitioner - not a family member, not a roommate, not a school principal, not a teacher, not a mental-health clinician, not a treating physician, not a coworker, and not the respondent's spouse or partner. Anyone who wants firearms removed from a person they believe to be dangerous must persuade a law enforcement agency to investigate and file the petition itself.

Subsection (2)(f) does require the petitioning officer to make a "good faith effort" to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence, and to include referrals to mental-health, domestic-violence, and counseling resources in that notice. But notice-after-filing is not the same as standing to file. Family members are notified; they do not petition.

Practical consequence: in Florida, the RPO process functionally runs through a local law enforcement intake. A concerned family member calls the local sheriff's office or police department; the responding agency investigates; if probable cause and supporting facts justify it, the agency files a petition supported by a sworn affidavit. The petition must allege that the respondent "poses a significant danger of causing personal injury to himself or herself or others" by having a firearm or ammunition, must be supported by an affidavit specifying "the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent," and must identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's possession. Fla. Stat. § 790.401(2)(e). No filing fee, no service-of-process fee, and no bond is required of the petitioning agency. § 790.401(2)(h)-(i).

The two-stage process: temporary ex parte order, then final order

Stage 1: Temporary ex parte RPO

The petitioning law enforcement officer or agency may request a temporary ex parte RPO at the time of filing the petition, without notice to the respondent. The supporting petition must contain "detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to himself or herself or others in the near future" by having a firearm or ammunition. Fla. Stat. § 790.401(4)(a). The court must hold the temporary-order hearing - in person or by telephone - on the day the petition is filed or on the next business day. § 790.401(4)(d).

The standard for issuing a temporary ex parte RPO is "reasonable cause to believe" the respondent poses a significant danger of injury in the near future. Fla. Stat. § 790.401(4)(c). That is a meaningfully lower bar than the clear-and-convincing-evidence standard required for a final order - which makes sense, because the temporary order is short-lived and is granted without the respondent present. The temporary order ends at the hearing on the final RPO, which must be held no later than 14 days after the temporary order is issued. § 790.401(3)(a), § 790.401(4)(f).

The temporary ex parte order must include a description of the firearm-and-ammunition surrender requirements, the date and time of the upcoming final hearing, and the statutory warning text directing the respondent to surrender immediately to the local law enforcement agency all firearms, all ammunition, and any CWFL. § 790.401(4)(e).

Stage 2: Final RPO hearing

Within 14 days of the petition (or of the temporary ex parte order), the court must conduct a noticed evidentiary hearing on whether to issue a final RPO. Fla. Stat. § 790.401(3)(a). At the final hearing the burden is on the petitioning law enforcement agency to prove, by clear and convincing evidence, that the respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or ammunition in his or her custody or control. Fla. Stat. § 790.401(3)(b).

Subsection (3)(c) gives the court a non-exclusive 15-factor list of "relevant evidence" it may consider. Among the factors:

• A recent act or threat of violence by the respondent against self or others, with or without a firearm.
• An act or threat of violence within the past 12 months.
• Evidence of serious mental illness or recurring mental-health issues.
• A previous or existing RPO and any violation of one.
• A conviction, withhold, or no-contest plea to a domestic-violence offense as defined in § 741.28.
• The unlawful or reckless use, display, or brandishing of a firearm.
• Recurring use of, or threats to use, physical force, including stalking.
• Corroborated evidence of substance or alcohol abuse.
• Evidence of recent acquisition of firearms or ammunition.
• Witness testimony given under oath.

If the court finds clear and convincing evidence, the court "must issue a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months." Fla. Stat. § 790.401(3)(b). The order must contain the grounds, the issue and end dates, any required mental-health or chemical-dependency evaluation, the surrender requirements, and the statutory warning text directing the respondent to surrender all firearms, ammunition, and any § 790.06 CWFL immediately to local law enforcement. § 790.401(3)(g).

The rules of evidence apply as they do in domestic-violence injunction proceedings under Fla. Stat. § 741.30. The court may also order a mental-health or chemical-dependency evaluation. § 790.401(3)(e)-(f).

Surrender of firearms, ammunition, and the § 790.06 CWFL

When an RPO - temporary or final - issues, the respondent must surrender:

1. All firearms owned by the respondent in his or her custody, control, or possession;
2. All ammunition owned by the respondent in his or her custody, control, or possession; and
3. Any concealed-weapon-or-firearm license issued under Fla. Stat. § 790.06.

Fla. Stat. § 790.401(7)(a). The serving officer must request immediate surrender at the time of service and must take possession of any firearms, ammunition, and the CWFL surrendered. § 790.401(7)(b). If the respondent was present at the hearing rather than served separately, the respondent must deliver all firearms, ammunition, and the CWFL "in a safe manner" to the local law enforcement agency immediately after the hearing.

If a respondent does not voluntarily surrender, the statute authorizes a search-warrant route. A law enforcement officer may seek a search warrant - notwithstanding the general search-warrant grounds in §§ 933.02 and 933.18 - to search for firearms or ammunition the officer has probable cause to believe were not surrendered. § 790.401(7)(b). And on the sworn statement or testimony of any person alleging that the respondent has failed to surrender, the court must determine whether probable cause exists and, if so, must issue a warrant authorizing a search and seizure of the firearms or ammunition. § 790.401(7)(d).

The serving officer must issue a receipt at the time of surrender identifying every firearm, the quantity and type of ammunition, and the CWFL surrendered, and must file the original receipt with the court within 72 hours. Fla. Stat. § 790.401(7)(c).

A separate compliance hearing is built into the statute: upon the issuance of an RPO, the court "shall order a new hearing date and require the respondent to appear no later than 3 business days after the issuance of the order" to confirm compliance with the surrender order. Fla. Stat. § 790.401(7)(f). The court can cancel the compliance hearing only if the respondent has demonstrably surrendered everything required. This is a backstop against silent non-compliance.

The respondent does retain a transfer option. Under Fla. Stat. § 790.401(9), a respondent may elect to transfer the surrendered firearms and ammunition to a third party who: (a) is currently eligible to own or possess firearms and ammunition under federal and state law (confirmed by background check); (b) attests to storing them so the respondent has no access or control until the RPO is vacated or ends; and (c) attests not to transfer them back until the RPO is vacated or ends. The local law enforcement agency must verify all three before releasing the property to the third party.

The CWFL itself is administratively suspended by DACS upon receipt of the order from the issuing court. Fla. Stat. § 790.401(10)(c). DACS may reinstate the suspended license only after the order is vacated or ends and only after confirming the person is currently eligible to hold a CWFL under § 790.06. § 790.401(8)(b).

Termination, vacatur, and renewal

A final RPO is not permanent. The statute builds in three pathways for ending or extending it.

Vacatur on the respondent's motion

Under Fla. Stat. § 790.401(6)(a), the respondent may submit one written request for a hearing to vacate after the order is issued, and may submit one additional vacatur request after every extension. The vacatur hearing must be held no sooner than 14 days and no later than 30 days after the request is served on the petitioner. The burden of proof on a vacatur motion sits on the respondent: the respondent must prove, by clear and convincing evidence, that the respondent does not pose a significant danger of causing personal injury to self or others by having a firearm or ammunition. § 790.401(6)(a)(2). If the respondent meets that burden, the court must vacate the order, and the law enforcement agency holding any firearms, ammunition, or the CWFL must be notified of the vacatur. § 790.401(6)(a)(3)-(4).

Expiration without renewal

If the petitioning law enforcement agency takes no action, a final RPO ends at the date set by the court (no later than 12 months from issuance). The court must notify the petitioner at least 30 days before expiration. Fla. Stat. § 790.401(6)(b). If the order expires without a renewal motion, the order ends and the surrendered property must be returned, subject to a clean background-check confirmation. § 790.401(8)(a).

Renewal on the petitioner's motion

The petitioning law enforcement agency may, by motion, request an extension of an RPO at any time within 30 days before the end of the order. Fla. Stat. § 790.401(6)(c). Upon receipt of the motion, the court must hold a hearing within 14 days, and the respondent must be personally served. The court must extend the order if it again finds, by clear and convincing evidence, that the original issuance criteria continue to be met - although an uncontested motion supported by an affidavit stating no material change in circumstances may be granted on the affidavit alone. Each extension may run up to 12 months and is itself renewable.

Return of surrendered property

When an RPO is vacated or ends without extension, the law enforcement agency holding the firearms, ammunition, and the CWFL must return the property to the respondent - but only after (1) confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law, and (2) confirming with the court that the order has been vacated or has ended. Fla. Stat. § 790.401(8)(a). The agency must also provide notice to the respondent's family or household members before returning firearms or ammunition. § 790.401(8)(c). If the property remains unclaimed for one year after vacatur, it is disposed of under the agency's general firearms-disposal policy. § 790.401(8)(d).

Federal § 922(g) interaction

A Florida RPO does not automatically trigger every federal firearm prohibitor, but the interaction matters in two specific channels.

18 U.S.C. § 922(g)(8) - protective orders. A final RPO entered after notice and hearing may qualify as a federal § 922(g)(8) prohibitor if the order: (i) was issued after a hearing of which the respondent received actual notice and at which the respondent had an opportunity to participate; (ii) restrains the respondent from harassing, stalking, or threatening an intimate partner or child of the respondent or intimate partner, OR (after the 2022 Bipartisan Safer Communities Act amendments) a "current or recent former dating partner"; and (iii) includes a finding that the respondent represents a credible threat to the physical safety of the protected person OR explicitly prohibits the use, attempted use, or threatened use of physical force. The statutory analysis is fact-specific. Many Florida RPOs will not satisfy § 922(g)(8) because the order does not arise out of an intimate-partner relationship - the petitioner is law enforcement, not a family member. RPOs that arise out of stalking or domestic-violence predicates and that include the required findings are more likely to qualify.

18 U.S.C. § 922(g)(4) - adjudicated mental defective / committed to a mental institution. An RPO standing alone is not a § 922(g)(4) trigger. Section 922(g)(4) requires either an adjudication that the person is a "mental defective" (a formal court finding of dangerousness to self or others, or incompetence to manage one's own affairs, due to mental illness) or an actual commitment to a mental institution. An RPO finding of "significant danger" by clear and convincing evidence is dangerousness-adjacent, and a thoughtful argument can be made that an RPO with a sufficiently formal finding could qualify, but ATF and federal courts have not consistently treated RPOs as § 922(g)(4) predicates. Section 790.401(3)(f) does authorize the court to order a mental-health evaluation as part of the RPO, and a separate Baker Act civil-commitment proceeding under Florida law can independently produce a § 922(g)(4) prohibition.

The bottom line for a CCW student: the Florida state-law prohibition under § 790.401 is the immediate and certain consequence of an RPO. Federal § 922(g) overlays may also attach, but they are case-specific and depend on the order's findings and the underlying conduct.

Penalties for false statements and for possession in violation of an RPO

Two felony provisions backstop the statute.

False statements under oath. A person who makes a false statement under oath in an RPO hearing on a material matter - that he or she does not believe to be true - commits a third-degree felony. Fla. Stat. § 790.401(11)(a). This applies symmetrically: a petitioner who lies in an affidavit, and a respondent who lies at a vacatur hearing, are both exposed.

Possession in violation of the order. A person who has in his or her custody or control a firearm or any ammunition, or who purchases, possesses, or receives a firearm or any ammunition, with knowledge that he or she is prohibited by the order, commits a third-degree felony. Fla. Stat. § 790.401(11)(b). Maximum penalty: 5 years in prison and a $5,000 fine under §§ 775.082, 775.083, and 775.084. The federal § 922(g)(8) overlay (where applicable) carries an independent maximum of 15 years in prison.

Practical implications for instructors and CWFL students

For an instructor teaching § 790.06 CWFL students or a Floridian carrying under the post-July-2023 permitless-carry framework, several practical points follow from § 790.401:

1. Standing distinction matters. A student worried about a family member being "red-flagged" by a vindictive ex-spouse should know that a Florida RPO can only be initiated by law enforcement, not by the ex directly. The ex may complain to the agency, but the agency has independent investigative discretion and prosecutorial-style judgment about whether to file. This is materially different from California, New York, Illinois, and Hawaii.

2. Surrender is immediate, not conditional. The order takes effect on issuance, not after appeal. The serving officer requests immediate surrender at the time of service, and the compliance hearing is set for 3 business days out. There is no "pending review" exception.

3. All firearms, all ammunition, and the CWFL go. Not just the firearm allegedly used in the precipitating incident. Not just handguns. Every firearm and every round of ammunition the respondent owns. Plus the § 790.06 license.

4. The transfer option is real but narrow. A respondent can transfer surrendered firearms to an eligible third party, but the third party must be background-check-clean, must attest to keeping them away from the respondent, and must attest not to return them until the order ends. § 790.401(9). The agency verifies all three. This is the right answer for a respondent with a meaningful collection or with firearms held in trust for family.

5. The order shows up on NCIC nationwide. Within 24 hours of issuance, the order is entered into the Florida Crime Information Center and the National Crime Information Center, and the CWFL is suspended by DACS. Any traffic stop, NICS check, or background query in any state will surface the order. § 790.401(10)(b)-(c).

6. The respondent gets one bite at vacatur per order term. Under § 790.401(6)(a), the respondent may file one written vacatur request per order term and one per extension. The respondent bears the clear-and-convincing-evidence burden. The hearing is held within 14-30 days of service.

7. Compliance hearings are real. The 3-business-day compliance hearing under § 790.401(7)(f) is a built-in enforcement check. A respondent who does not surrender risks a probable-cause finding and a search warrant under § 790.401(7)(d).

For most CWFL students, an RPO will never be relevant. For the small fraction whose family situations or mental-health history put them within the statute's reach, the statute's procedures, timelines, burdens of proof, and federal § 922(g) overlays should be discussed in plain language - not glossed over with "you'll lose your gun rights." Students who have been the subject of a prior RPO that was vacated should also be reminded that vacatur restores the state-law right to possess and the eligibility to hold a CWFL, but does not automatically clear federal § 922(g)(8) status if the order met those federal due-process criteria; a separate analysis is required.

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Federal context

United States v. Rahimi (2024). In United States v. Rahimi, 602 U.S. ___ (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. § 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding the federal disability survives the historical-tradition test of N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling SCOTUS authority on the constitutionality of federal firearm disabilities tied to domestic-violence findings; it bears on any state-level red-flag / ERPO analysis to the extent those frameworks borrow federal § 922(g)(8) prohibitor mechanics.

Carrying Under the Influence in Florida

The Bottom Line

Florida's primary firearm-while-intoxicated criminal statute is Fla. Stat. § 790.151, which prohibits "using" a firearm while under the influence of alcohol or controlled substances when the carrier's "normal faculties are impaired." The word "use" is a defined term: under § 790.151(1)-(2), to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge, and "readily accessible for immediate discharge" means loaded and in a person's hand. The statute targets discharge and loaded-in-hand conduct, not mere holstered concealed carry by a sober-eligible carrier who has had a drink. There is no Florida criminal statute that prohibits simply carrying a holstered, concealed firearm while intoxicated. The offense is a second-degree misdemeanor under § 790.151(4) - up to 60 days and a $500 fine.

Federal 18 U.S.C. § 922(g)(3) layers a separate prohibitor barring firearm possession by any "unlawful user of or addicted to any controlled substance." ATF treats marijuana use - including use under Florida's Compassionate Medical Cannabis Act, Fla. Stat. § 381.986 (implementing the 2016 medical-marijuana constitutional amendment) - as a § 922(g)(3) trigger because marijuana remains Schedule I federally. A Florida medical marijuana cardholder who possesses a firearm at home commits a federal felony even though no Florida criminal statute reaches that conduct.

Fla. Stat. § 790.157 establishes BAC presumptions. Note carefully: § 790.157(2) uses the 0.10 percent threshold, not the 0.08 vehicle-DUI threshold. At 0.05 or less, the carrier is presumed not impaired; between 0.05 and 0.10, no presumption arises; at 0.10 percent or more, the BAC is prima facie evidence of impairment. The Legislature has not amended § 790.157 to mirror § 316.193's modern 0.08 vehicle-DUI threshold. Fla. Stat. § 790.153 governs chemical testing: breath for alcohol, urine for controlled substances, on probable cause, with refusal admissible.

A § 790.151 conviction or two or more § 316.193 DUI convictions within three years also feeds the CWFL chronic-alcohol disqualifier under Fla. Stat. § 790.06(2)(f).

Practical takeaway: do not draw, load-and-grip, or discharge a firearm while impaired. Do not buy or possess a firearm if you are a current marijuana user, including under Florida's medical cannabis program. The § 790.151(5) self-defense and defense-of-property exception preserves justified defensive use by an impaired carrier, but it is a narrow exception, not a license to drink and shoot.

The Controlling Statute: Fla. Stat. § 790.151

The Defined Verb "Use a Firearm"

§ 790.151(1) defines, for purposes of §§ 790.151-790.157, that "to 'use a firearm' means to discharge a firearm or to have a firearm readily accessible for immediate discharge." § 790.151(2) defines the second branch: "readily accessible for immediate discharge" means loaded and in a person's hand.

Holstered concealed carry is not "use" within § 790.151 - a constitutional carrier under § 790.013 or a CWFL holder under § 790.06 who keeps the handgun holstered has not committed the offense regardless of BAC. The moment the carrier draws the firearm and holds it loaded, the conduct moves into "use" - pulling it from the holster to inspect, clean, or brandish all qualify. The Legislature could have written a flat "carry while intoxicated" prohibition. It did not. § 790.151 reaches drunk handling and drunk shooting, not drunk concealed carry by a person who never draws.

The Impairment Element and BAC Presumptions

§ 790.151(3) makes it unlawful for any person under the influence of alcoholic beverages, a § 877.111 chemical substance (inhalants), or a chapter 893 controlled substance, when affected to the extent normal faculties are impaired, to use a firearm. The disjunctive list reaches alcohol, inhalants, and any Schedule I-V controlled substance.

§ 790.157(2) supplies the BAC presumptions:

The 0.10 figure is the legacy pre-1991 Florida vehicle-DUI threshold. § 316.193(1)(b)-(c) was amended decades ago to lower the per-se vehicle-DUI threshold to 0.08, but § 790.157 was not lowered alongside it and as of January 1, 2025 still reads 0.10. The "no presumption" zone is not a safe harbor - a carrier at 0.07 BAC who fumbles a loaded handgun and slurs speech can still be convicted on the totality of evidence.

Penalty and the Self-Defense Exception

§ 790.151(4) grades the offense as a second-degree misdemeanor, punishable under § 775.082 (up to 60 days) and § 775.083 (up to $500) - the lowest misdemeanor grade in Florida. § 790.151(5) supplies the only carve-out: "This section does not apply to persons exercising lawful self-defense or defense of one's property." The exception is keyed to lawfulness and picks up Florida's full justification framework under § 776.012 (Stand Your Ground) and § 776.013 (home protection). An impaired homeowner whose defensive use is justified under § 776.012 or § 776.013 has not committed a § 790.151 offense even though all other elements are present. The instructor caveat: § 790.151(5) does not protect public-confrontation force that fails the underlying justification analysis.

The Testing Framework: § 790.153 and § 790.155

§ 790.153 supplies the chemical-testing framework for § 790.151 enforcement, paralleling vehicle DUI testing under § 316.1932 (which § 790.153(1)(c) expressly incorporates in part). § 790.153(1)(a) requires any person who uses a firearm within the state to submit to a breath test for alcohol and a urine test for controlled substances when there is probable cause, or following lawful arrest for any offense allegedly committed while using a firearm under the influence.

§ 790.153(1)(a) expressly provides that refusal "shall be admissible into evidence in any criminal proceeding." Unlike the vehicle DUI implied-consent regime, § 790.153 carries no separate license suspension for refusal - but the refusal walks into the courtroom as consciousness-of-guilt evidence. § 790.153(1)(b) gives the defendant a reciprocal right to request testing if the officer does not. § 790.153(2) bars use of the test results in a separate chapter 893 possession prosecution. § 790.155 authorizes mandatory blood testing in cases involving death or serious bodily injury.

CWFL Eligibility: The § 790.06(2)(f) Chronic-Alcohol Presumption

§ 790.06(2)(e) - Controlled Substance Disqualification. The applicant must not have been (1) found guilty of a chapter 893 controlled-substance crime (or similar law) within a 3-year window preceding the application; or (2) committed for controlled-substance abuse under chapter 397 (or former chapter 396 or similar laws). The first prong is time-limited; the second is a permanent commitment-based bar absent firearms-disability relief.

§ 790.06(2)(f) - Chronic Alcohol Disqualification. The applicant must not "chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired." The statute creates a rebuttable presumption of chronic and habitual use when any of the following is true:

• The applicant has been convicted under § 790.151; or
• The applicant has been deemed a habitual offender under § 856.011(3) (habitual public drunkenness); or
• The applicant has had two or more § 316.193 convictions, or similar out-of-state laws, within the 3-year window preceding the application.

A single § 790.151 conviction triggers the presumption - there is no minimum count for the firearm-impairment offense. The vehicle-DUI threshold is two convictions in three years; a first DUI does not, by itself, trigger it. § 790.06(2)(f) applies on renewal as well as initial application: a CWFL holder who picks up a § 790.151 conviction or a second DUI inside three years faces the presumption at renewal time even if the license was issued cleanly.

§ 790.06(2)(j) - Mental Institution Commitment. Disqualifies an applicant committed to a mental institution under chapter 394 or similar laws. A residential rehab admission proceeding under chapter 394 commitment authority can produce a (j) disqualification independently of the (f) chronic-alcohol presumption.

Federal Layer: 18 U.S.C. § 922(g)(3) and Florida's Medical Cannabis Program

Independent of Florida's framework, 18 U.S.C. § 922(g)(3) makes it unlawful for any person who is "an unlawful user of or addicted to any controlled substance" to ship, transport, possess, or receive any firearm or ammunition in or affecting interstate commerce. The offense is a federal felony with up to 10 years in prison and up to $250,000 in fines. ATF defines the term at 27 CFR § 478.11, reaching any current user of a controlled substance taken other than as prescribed by a licensed physician. Marijuana is the leading trigger because marijuana remains Schedule I federally regardless of state law.

Florida voters approved a constitutional amendment in 2016 (Amendment 2), authorizing medical use of marijuana for qualifying conditions. The implementing statute, Fla. Stat. § 381.986, governs qualified patients, caregivers, medical marijuana treatment centers, and the Office of Medical Marijuana Use within the Department of Health. A Florida medical marijuana cardholder is, under federal law, an unlawful user of a controlled substance - the state-law authorization does not change the federal classification.

ATF Form 4473 asks every purchaser, under penalty of perjury, to certify that they are not an unlawful user of any controlled substance, and the form expressly notes that marijuana use disqualifies regardless of state law. A Florida medical marijuana patient who answers "no" on Form 4473 commits a federal felony under 18 U.S.C. § 922(a)(6) (false statement) and § 922(g)(3) (possession by prohibited person). The exposure attaches even when the patient is sober at purchase and the firearm is kept entirely at home. A Florida resident who is a current marijuana user and possesses a holstered handgun at home commits no Florida § 790.151 offense (the statute requires "use" plus impairment), but commits a federal felony the moment firearm possession and ongoing use coexist. § 922(g)(3) also reaches recreational use of any Schedule I-V controlled substance taken outside a valid prescription.

Vehicle DUI: § 316.193 and the Loaded Handgun in the Console

§ 316.193 is the separate vehicle-DUI statute. § 316.193(1) reaches anyone driving, operating, or in actual physical control of a vehicle who is (a) under the influence of alcohol, a § 877.111 chemical substance, or a chapter 893 controlled substance to the extent normal faculties are impaired; or (b)-(c) at a blood- or breath-alcohol level of 0.08 or more. First-conviction grade is up to 6 months and a $500-$1,000 fine; § 316.193(4) escalates for 0.15+ BAC or a passenger under 18; a third conviction within 10 years is a third-degree felony under § 316.193(2)(b).

§ 316.193 does not itself create a firearm offense for an impaired driver with a holstered handgun in the vehicle. The vehicle-DUI consequences for firearm rights run through § 790.06(2)(f) - two convictions within three years trigger the chronic-alcohol presumption.

The trap at the DUI stop is § 790.151 itself. A driver who reaches into the glovebox and pulls out the loaded handgun during a DUI investigation - even to clear the firearm, even to surrender it - has moved from "carry" to "use" within § 790.151's narrow definition. Florida has no statutory duty to inform, but the safe practice is hands visible on the wheel, verbal disclosure if the encounter calls for it, and let the officer direct the handling.

Self-Defense While Impaired

Florida's use-of-force chapter - § 776.012 (defense of person; Stand Your Ground), § 776.013 (home protection; presumption of reasonable fear), and § 776.031 (defense of property) - does not categorically bar an impaired person from claiming self-defense. The § 790.151(5) carve-out is keyed to lawfulness: if the defensive use is justified under § 776.012, § 776.013, or § 776.031, the impaired carrier has a complete defense to the § 790.151 charge. If the defensive use fails on its own terms - provocation, lack of imminence, disproportionate force - § 790.151(5) does not save the carrier.

The home-protection presumption under § 776.013(2) operates in favor of the impaired homeowner: drinking at home is not "criminal activity" in Florida, so the impaired homeowner retains the presumption of reasonable fear when defending against an unlawful intruder. Stand Your Ground under § 776.012(2) is available to the impaired carrier in public on its own terms. But if the impaired carrier draws the firearm before the threat materializes - moving from "carry" to "use" within § 790.151 - the carrier has stepped into a separate offense, and § 776.012(2)'s "not engaged in criminal activity" element becomes contested. Teaching point: do not draw until the use of deadly force is actually justified.

What § 790.151 Does Not Cover

• No Florida criminal statute prohibits simple holstered concealed carry while intoxicated. § 790.151 requires "use." Other statutes (improper exhibition under § 790.10, discharge under § 790.15, breach-of-peace and disorderly-conduct charges) reach surrounding misconduct.
• No implied-consent license suspension for refusing the § 790.153 firearm-impairment test. Refusal is admissible as consciousness of guilt, but there is no parallel to the driver-license suspension that follows DUI refusal.
• § 790.157 BAC presumptions operate at 0.05 and 0.10, not 0.08. The 0.08 figure is the vehicle-DUI per-se threshold under § 316.193(1)(b)-(c).
• § 790.151 requires impairment, not just presence of a substance. A carrier with detectable substance in the system who is not impaired has not committed the offense.
• Lawful prescription medication taken as prescribed is not a § 790.151 trigger by mere presence, but the "controlled substances" branch reaches Schedule II-V medications taken outside a valid prescription, and the "normal faculties impaired" prong reaches any substance producing impairment.

Practical Guidance for Instructors and Students

1. Do not draw, hold loaded-in-hand, or discharge a firearm while impaired. § 790.151 targets "use," not carry. The bright rule is: if you have been drinking, do not pull the firearm out of the holster until lawful self-defense actually requires it. Drawing to show a friend, clearing a malfunction, or laying the firearm on a table moves the carrier from "carry" to "use."

2. There is no Florida criminal offense for sober-eligible holstered concealed carry while drinking. This is genuinely different from many states. (Federal law applies separately if the carrier is a current marijuana user.) Do not teach a Florida "carry-while-drinking" prohibition that does not exist.

3. § 790.157 presumptions are at 0.05 and 0.10, not 0.08. The vehicle-DUI 0.08 threshold under § 316.193(1)(b)-(c) is a separate statute. Teach the firearm thresholds correctly.

4. A § 790.151 conviction or two § 316.193 DUI convictions in three years trigger the § 790.06(2)(f) chronic-alcohol presumption and disqualify the applicant from CWFL eligibility on initial application and on renewal.

5. Florida medical marijuana cardholders should not possess firearms. Federal § 922(g)(3) reaches every cardholder regardless of compliance with § 381.986. The federal felony exposure attaches at home, and the Form 4473 trap is independent of state law.

6. The § 790.151(5) self-defense exception protects justified defensive use, not impaired aggressive use. An impaired homeowner defending against a forcible-and-unlawful intruder retains the § 776.013(2) home-protection presumption and the (5) carve-out. An impaired carrier who escalates and draws first does not.

7. Refusal to submit to § 790.153 testing is admissible as consciousness-of-guilt evidence. Unlike vehicle DUI, there is no parallel license suspension for refusal.

8. Plan the night. If a student plans to drink in public, the firearm should be locked at home or lawfully secured before drinking begins. Outside the dwelling: do not draw, do not discharge, do not handle loaded-in-hand.

Statute Reference

Florida Use of Force Laws

The bottom line

Florida allows the use of deadly force in self-defense under Fla. Stat. § 776.012(2) when you reasonably believe such force is necessary to prevent imminent death or great bodily harm to yourself or another, or to prevent the imminent commission of a forcible felony. Florida is a Stand Your Ground state - no duty to retreat - provided you are not engaged in criminal activity and are in a place where you have a right to be. The Castle Doctrine at § 776.013 establishes a presumption of reasonable fear when an intruder unlawfully and forcefully enters your dwelling, residence, or occupied vehicle. § 776.032 provides PRETRIAL immunity from criminal prosecution AND civil action - distinctively, the prosecution bears the burden of clear and convincing evidence at a Bretherick hearing to overcome immunity.

For a Florida concealed-weapon licensee, the practical rules are: (1) proportionate non-deadly force is permitted under § 776.012(1) against imminent unlawful force, with no duty to retreat; (2) deadly force under § 776.012(2) is permitted only against imminent death, great bodily harm, or a forcible felony; (3) no duty to retreat anywhere you have a right to be, are not engaged in criminal activity, and were not the initial aggressor; (4) inside your dwelling, residence, or occupied vehicle, the § 776.013 presumption flips the burden - your fear of imminent death or great bodily harm is presumed reasonable when an intruder unlawfully and forcefully enters; (5) deadly force in defense of property under § 776.031(2) is justified only to prevent the imminent commission of a forcible felony; (6) the § 776.041 aggressor exception strips the justification from anyone committing or escaping a forcible felony, or from any initial provocateur, subject to two narrow exceptions. Under § 776.032, immunity is a pretrial bar to prosecution and civil suits, with fee-shifting in § 776.032(3) and a Bretherick hearing under § 776.032(4) at which the State must overcome immunity by clear and convincing evidence.

Key terms

• Deadly force. Force intended or likely to cause death or great bodily harm. Florida's statutes draw the line between "force" (§ 776.012(1), § 776.013(1)(a), § 776.031(1)) and "deadly force" (§ 776.012(2), § 776.013(1)(b), § 776.031(2)).
• Reasonable belief. Objective-plus-subjective standard: you must actually hold the belief, and a reasonable person in the same circumstances must be able to hold it too.
• Forcible felony. Defined in Fla. Stat. § 776.08. The category includes treason, murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing of a destructive device, and any other felony involving the use or threat of physical force or violence against any individual. § 776.012(2) authorizes deadly force to prevent the imminent commission of any forcible felony.
• Dwelling, residence, occupied vehicle. Defined in § 776.013(5). "Dwelling" includes any attached porch, whether temporary or permanent, mobile or immobile, with a roof over it (including a tent), designed for overnight lodging. "Residence" includes a dwelling visited as an invited guest. "Vehicle" is any conveyance, motorized or not, designed to transport people or property.
• Criminal activity. § 776.012(2), § 776.031(2), and § 776.013(3)(c) condition Stand Your Ground and the Castle Doctrine presumption on the actor not being "engaged in a criminal activity."

Self-defense under § 776.012

Non-deadly force - § 776.012(1)

Section 776.012(1) authorizes force, except deadly force, against another when and to the extent the actor reasonably believes such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. The threat must be imminent, it must be unlawful force, and your response must be proportionate. § 776.012(1) explicitly states there is no duty to retreat. A shove, a punch, or an attempted grab can justify proportionate non-deadly force in response.

Deadly force - § 776.012(2)

Section 776.012(2) sets a higher bar. A person is justified in using or threatening to use deadly force if he or she reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or to prevent the imminent commission of a forcible felony. Florida authorizes deadly force on either prong. A defender confronted with a robbery, carjacking, home-invasion robbery, or aggravated assault need not separately satisfy the death-or-great-bodily-harm threshold - the forcible-felony prong is independently sufficient.

Section 776.012(2) also contains Florida's headline Stand Your Ground language: a person using deadly force "does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be." When (1) the actor is not engaged in criminal activity, (2) the actor is in a place where he or she has a right to be, and (3) the § 776.012(2) deadly-force threshold is satisfied, the duty to retreat is eliminated everywhere - at home, on the street, in a parking lot, in a place of business.

The "criminal activity" condition does most of the disqualifying work. A felon in possession, a person committing trespass after warning, or a person in the middle of a drug transaction forfeits Stand Your Ground regardless of how reasonable the threat perception was. § 776.012 covers both use and threatened use; drawing a firearm to create apprehension is justified on the same § 776.012(2) terms as firing.

Castle Doctrine - § 776.013

Section 776.013 is Florida's home-protection statute. It (1) confirms the no-retreat rule inside dwellings and residences and (2) creates a presumption of reasonable fear against intruders into a dwelling, residence, or occupied vehicle.

No duty to retreat in the dwelling - § 776.013(1)

Under § 776.013(1), a person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and may use (a) non-deadly force when reasonably necessary against another's imminent use of unlawful force, or (b) deadly force when reasonably necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. Substantive thresholds mirror § 776.012, but the no-retreat rule is automatic inside the dwelling.

The presumption of reasonable fear - § 776.013(2)

Section 776.013(2) creates Florida's signature evidentiary presumption. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening defensive force intended or likely to cause death or great bodily harm if both of the following are true:

• The person against whom force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
• The actor knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Two structural features matter. First, the presumption covers the occupied vehicle as well as the home - the Castle Doctrine extends to your car. Second, it covers the carjacking-and-removal scenario as well as the entry scenario, so a defender facing forcible removal gets the presumption even before the attacker is "inside."

The exceptions - § 776.013(3)

The § 776.013(2) presumption does not apply if any of the following is met:

1. Lawful occupant or co-resident. The person against whom force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle (owner, lessee, titleholder), and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact. A co-tenant against whom an active DV injunction has issued forfeits this exception - the defending occupant retains the presumption.
2. Lawful custody of a child. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom force is used. A custody-recovery scenario is not a Castle Doctrine case.
3. Defender's own criminal activity. The person using defensive force is engaged in criminal activity or is using the dwelling, residence, or occupied vehicle to further criminal activity.
4. Identified law enforcement officer. The person against whom force is used is a law enforcement officer, as defined in § 943.10(14), who enters or attempts to enter in the performance of official duties and identified himself or herself in accordance with any applicable law, or the actor knew or reasonably should have known the person was a law enforcement officer.
5. The fifth-exception structure flows from how § 776.013(3) is enumerated; operationally, the four conditions above are the disqualifiers, with the law-enforcement carve-out functioning as the fifth scenario.

Presumption of unlawful intent - § 776.013(4)

Section 776.013(4) adds a second presumption: a person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to do so with intent to commit an unlawful act involving force or violence. § 776.013(2) presumes the defender's fear was reasonable; § 776.013(4) presumes the intruder's intent was violent. Together they mean a defender who shoots a forceful intruder begins the case with the legal heavy lifting already done.

Defined places - § 776.013(5)

Section 776.013(5) supplies the definitions of "dwelling," "residence," and "vehicle" in Key Terms. The breadth of "dwelling" - tents and any conveyance with a roof designed for overnight lodging - and the inclusion of an invited guest within "residence" expand the protected footprint beyond a bricks-and-mortar home.

Defense of property - § 776.031

Section 776.031 governs force in defense of property. It is narrower than § 776.012: smaller universe of property interests, tighter deadly-force threshold.

Under § 776.031(1), a person is justified in using or threatening to use force, except deadly force, when reasonably necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, real property other than a dwelling or personal property, lawfully in the actor's possession or in the possession of an immediate-family or household member or a person whose property the actor has a legal duty to protect. There is no duty to retreat before using non-deadly defensive force. For the dwelling itself, § 776.013 governs.

Under § 776.031(2), deadly force in defense of property is justified only if the actor reasonably believes it necessary to prevent the imminent commission of a forcible felony. The § 776.08 list - robbery, burglary, arson, carjacking, home-invasion robbery, kidnapping, aggravated assault, aggravated battery, and the rest - is the only gateway. Ordinary trespass, daytime theft, and minor criminal mischief do not authorize deadly force. Stand Your Ground is incorporated identically: an actor not engaged in criminal activity and in a place where he or she has a right to be has no duty to retreat. If a property crime is also a § 776.08 forcible felony, deadly force is on the table; if not, § 776.031 limits you to non-deadly force - and the moment the property crime threatens a person, the analysis migrates back to § 776.012(2).

Immunity from prosecution and civil action - § 776.032

Section 776.032 is the feature that distinguishes Florida's framework from every other Stand Your Ground state. It is not an affirmative defense at trial; it is a pretrial immunity from criminal prosecution and from civil action, with fee-shifting and a procedural mechanism - the Bretherick hearing - that places the burden of clear and convincing evidence on the State.

The immunity - § 776.032(1)

Under § 776.032(1), a person who uses or threatens to use force as permitted in § 776.012, § 776.013, or § 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom force was used. The statute defines "criminal prosecution" expansively to include arresting, detaining in custody, and charging or prosecuting the defendant. The single substantive carve-out: immunity does not run against force directed at an identified law enforcement officer, as defined in § 943.10(14), acting in the performance of official duties.

The arrest restriction - § 776.032(2)

Section 776.032(2) limits the front-end response of law enforcement: a law enforcement agency may use standard investigation procedures, but it may not arrest the person for using or threatening to use force unless it determines there is probable cause that the force was unlawful. A Florida defender who has used force consistent with § 776.012, § 776.013, or § 776.031 should not be arrested at the scene unless that probable-cause threshold is met.

Fee-shifting on prevailing civil immunity - § 776.032(3)

Section 776.032(3) adds fee-shifting with real teeth: the court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution under subsection (1). The provision is mandatory ("shall award") and covers not just attorney's fees but also lost income and other defense expenses.

The Bretherick hearing - § 776.032(4)

Section 776.032(4) is the procedural keystone of Florida's framework. Once a prima facie claim of self-defense immunity has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity - that is, on the State. The procedural posture and burden flow from Bretherick v. State, 170 So. 3d 766 (Fla. 2015), and were codified by the 2017 amendment to § 776.032(4).

The shift is enormous. Elsewhere, a defendant raising self-defense waits for the State to disprove justification beyond a reasonable doubt at trial. In Florida, a defendant whose use of force is plausibly within § 776.012, § 776.013, or § 776.031 makes a prima facie immunity showing at a pretrial hearing, and the State must then convince the trial judge by clear and convincing evidence that the force was unlawful. If the State falls short, the prosecution ends - there is no trial.

The aggressor exception - § 776.041

Section 776.041 strips the justification described in §§ 776.012, 776.013, and 776.031 from two categories of actor:

1. Forcible-felony actor - § 776.041(1). A person who is attempting to commit, committing, or escaping after the commission of a forcible felony cannot rely on the justification statutes. A defender cannot legitimize force used in the course of, or while fleeing from, a § 776.08 forcible felony.
2. Initial aggressor - § 776.041(2). A person who initially provokes the use or threatened use of force against himself or herself cannot rely on the justification statutes, unless one of two exceptions is met:
   • (a) Force-so-great-and-no-escape exception. Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
   • (b) Withdrawal exception. In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

The § 776.041(2) provocation rule is Florida's "abandonment of the encounter" analog: a person who started the fight loses the justification unless he is now facing imminent death or great bodily harm with no reasonable escape, or unless he clearly withdraws and the other party persists. § 776.041(2)(a) imposes an exhaust-every-reasonable-means-to-escape requirement on the initial aggressor - Stand Your Ground's no-duty-to-retreat rule does not survive § 776.041 once you are the provocateur. § 776.041(1) is categorical: a person fleeing a robbery cannot claim self-defense against a pursuer.

Civil defense for injuries during a forcible felony - § 776.085

Section 776.085 supplies a separate civil defense for personal injury, wrongful death, and property-damage suits arising from a participant's commission or attempted commission of a forcible felony. It operates alongside § 776.032's pretrial immunity on different procedural terms.

Under § 776.085(1), it is a defense to any action for damages for personal injury, wrongful death, or injury to property that the action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense is established by evidence of conviction, or by proof of the commission of such crime or attempted crime by a preponderance of the evidence. § 776.085(2) cross-references § 776.08 for "forcible felony."

Section 776.085(3) authorizes a stay of the civil action on motion during the pendency of the underlying criminal action. Section 776.085(4) adds two consequences for a losing plaintiff: if convicted of and incarcerated for the crime, the court determines what correctional privileges the losing party loses (canteen, telephone access, outdoor exercise, library use, visitation), and the court must award a reasonable attorney's fee to the prevailing party, split in equal amounts between the losing party and the losing party's attorney (the attorney is not personally responsible if acting in good faith based on the client's representations). § 776.085 is a parallel track to § 776.032: § 776.032 reaches "use of force" cases; § 776.085 reaches "injury during a forcible felony" cases regardless of whether a defender exercised force at all.

Practical guidance for Florida licensees

• Articulate the threat in § 776.012(2) language. The two prongs are imminent death or great bodily harm, or the imminent commission of a forcible felony. A robbery, carjacking, aggravated assault, or home-invasion robbery is independently sufficient on the forcible-felony prong.
• Stand Your Ground does not lower the threshold. § 776.012(2) eliminates the duty to retreat; it does not change what counts as a justifiable use of deadly force.
• The Castle Doctrine presumption is rebuttable. § 776.013(3) takes it back if the "intruder" had a right to be there (with no DV injunction or no-contact order), if the person sought to be removed is a child or grandchild in lawful custody, if you were engaged in criminal activity, or if the person was a known law enforcement officer. Domestic-violence and custody disputes are the classic Florida landmines.
• Property is not a person, except in narrow forcible-felony cases. § 776.031(2) authorizes deadly force in defense of property only to prevent the imminent commission of a forcible felony.
• The aggressor exception is real. § 776.041(1) categorically bars the justification for a person committing or escaping a forcible felony. § 776.041(2) bars it for an initial provocateur unless the force-so-great-and-no-escape or good-faith-withdrawal exception is met.
• Plan for the Bretherick hearing - § 776.032(4) is your best procedural tool. A clean § 776.012(2) or § 776.013 fact pattern is meant to end at the pretrial immunity stage. The State must overcome immunity by clear and convincing evidence; if it cannot, the prosecution ends. § 776.032(2) restricts arrest absent probable cause; § 776.032(3) shifts attorney's fees, court costs, and lost income to the defender if a civil plaintiff loses on immunity. § 776.085 backstops § 776.032 in civil actions arising from injury during a forcible felony.
• Document the aftermath. Cooperate with police as instructed by counsel and do not give a long narrative statement before speaking with a lawyer.

Statutory references

• Fla. Stat. § 776.012. Use of force in defense of person. § 776.012(1) non-deadly force, no duty to retreat. § 776.012(2) deadly force to prevent imminent death, great bodily harm, or a forcible felony; Stand Your Ground when not engaged in criminal activity and in a place where the actor has a right to be.
• Fla. Stat. § 776.013. Home protection. § 776.013(1) no duty to retreat in the dwelling or residence. § 776.013(2) presumption of reasonable fear when an intruder unlawfully and forcefully enters or removes another from a dwelling, residence, or occupied vehicle. § 776.013(3) exceptions to the presumption. § 776.013(4) presumption that an unlawful and forceful entrant intends an unlawful act involving force or violence. § 776.013(5) definitions of "dwelling," "residence," and "vehicle."
• Fla. Stat. § 776.031. Defense of property. § 776.031(1) non-deadly force. § 776.031(2) deadly force only to prevent the imminent commission of a forcible felony, with Stand Your Ground.
• Fla. Stat. § 776.032. Immunity from criminal prosecution and civil action. § 776.032(1) immunity. § 776.032(2) arrest only on probable cause that the force was unlawful. § 776.032(3) mandatory award of attorney's fees, court costs, lost income, and defense expenses to a defendant who prevails on immunity in a civil action. § 776.032(4) clear-and-convincing burden on the State at the Bretherick pretrial immunity hearing.
• Fla. Stat. § 776.041. Use of force by aggressor. § 776.041(1) bars justification for a person attempting, committing, or escaping after the commission of a forcible felony. § 776.041(2) bars justification for an initial provocateur, with narrow force-so-great-and-no-escape and good-faith-withdrawal exceptions.
• Fla. Stat. § 776.08. Definition of "forcible felony" cross-referenced by §§ 776.012, 776.031, 776.041, and 776.085.
• Fla. Stat. § 776.085. Defense to civil action for damages arising from injury sustained by a participant during the commission or attempted commission of a forcible felony. § 776.085(1) defense by conviction or preponderance of the evidence. § 776.085(3) stay during a pending criminal action. § 776.085(4) loss of correctional privileges and mandatory attorney-fee award split between losing party and losing party's attorney.
• Fla. Stat. § 943.10(14). Definition of "law enforcement officer" cross-referenced by §§ 776.013(3) and 776.032(1).
• Bretherick v. State, 170 So. 3d 766 (Fla. 2015). Florida Supreme Court decision establishing the pretrial immunity hearing framework; the burden-of-proof rule was codified at § 776.032(4) (clear and convincing evidence on the State).

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims. Rahimi, 602 U.S. ___ (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. § 922(g)(8), confirming that not every firearm disability fails Bruen's test. Practitioners advising on use of force or firearm-disability questions should be familiar with both cases.

Florida Concealed Weapon or Firearm License (CWFL) - Fees & Costs

Bottom Line

The Florida CWFL fee structure is set by statute, not by FDACS rule. Under Fla. Stat. § 790.06(5)(b), the application fee is capped at $55 for an original license and $45 for a renewal, plus the cost of fingerprint processing borne by the applicant. The current fingerprint-processing fee charged by FDACS is $42. There is no senior-citizen discount in chapter 790 - Florida law does not reduce the application or renewal fee on the basis of age. Active-duty servicemembers, honorably discharged veterans, and certain law-enforcement applicants receive expedited processing under § 790.06(5)(f) and § 790.06(6)(f), but not a fee waiver - they pay the full statutory fee. Tax collectors authorized to accept CWFL applications under § 790.0625 may add a separate convenience fee for the in-person fingerprint capture and document review service (typically $5-$10). Outside the FDACS-collected fees, the applicant must pay the cost of the qualifying firearms course required under § 790.06(2)(h), which is set by the instructor. A realistic out-of-pocket total for a new Florida CWFL - combining the $55 license fee, the $42 fingerprint fee, and a typical $50-$150 instructor course - runs roughly $147 to $247, before any range time, ammunition, or tax-collector convenience fee.

Statutory Fee Caps Under § 790.06(5)(b)

Fla. Stat. § 790.06(5)(b) sets out the schedule directly: "The applicant shall submit ... a nonrefundable license fee of not more than $55 if he or she has not previously been issued a statewide license or a nonrefundable license fee of not more than $45 for renewal of a statewide license. Costs for processing the set of fingerprints as required in paragraph (a) shall be borne by the applicant."

Two features of this provision are worth noting. First, the fee is denominated as a statutory cap - "not more than" - rather than a fixed schedule. FDACS may charge less; it cannot charge more without a legislative amendment. In practice the Department charges the maximum: $55 original / $45 renewal. Second, the fingerprint-processing cost is structurally separate from the license fee. The applicant pays it in addition to the § 790.06(5)(b) cap, not as part of it. The current fingerprint-processing fee charged by FDACS is $42, applied to both original and renewal applications that require a new print capture.

§ 790.06(14) directs that all fees collected under § 790.06 are deposited into the Division of Licensing Trust Fund within FDACS, to be used to administer the licensing program over the seven-year license term established in § 790.06(1)(c). License revenue does not flow to general revenue and may not be diverted from the licensing function.

Consular-Security-Official Fees Under § 790.06(5)(c)

§ 790.06(5)(c) establishes a separate fee track for foreign consular-security officials issued a CWFL under § 790.06(2)(a). The license fee for a consular-security-official applicant is set "in an amount equal to the costs incurred by the department" - a cost-recovery model rather than a statutory cap. This subsection has no analogue in the standard application track and applies only to the small number of foreign-consulate security personnel certified under treaty arrangements.

Fingerprint Processing - § 790.06(5) and § 943.053(3)(b)

§ 790.06(5)(a) requires the applicant to "submit ... a full set of fingerprints administered by a law enforcement agency or the Division of Licensing of the Department of Agriculture and Consumer Services." § 943.053(3)(b) authorizes the Florida Department of Law Enforcement (FDLE) to set fingerprint-processing fees by rule for criminal-history records checks. The CWFL fingerprint-processing component covers the FBI national check, the FDLE state check, and the retained-print-monitoring service that flags subsequent arrests of license holders during the 7-year term.

The total fingerprint-processing fee currently charged by FDACS is $42, billed at the time of application. This fee is separate from any capture fee charged by the agency that physically takes the prints - see the tax-collector and law-enforcement fingerprinting subsection below.

Tax-Collector Convenience Fees Under § 790.0625

§ 790.0625 authorizes any tax collector that elects to participate to accept CWFL applications on behalf of FDACS. § 790.0625(3) permits the participating tax collector to charge a "convenience fee" for the in-person service - including digital fingerprint capture, document verification, and photo capture - separate from the FDACS license fee and the fingerprint-processing fee. § 790.0625(4) caps the convenience fee at the level necessary to cover the tax collector's costs. In practice, county tax-collector convenience fees run roughly $5 to $10 depending on the office.

The tax-collector convenience fee is paid directly to the tax collector at the time of application and is not part of the § 790.06(5)(b) statutory cap. An applicant who completes a fully mailed-in application - sending FDACS a paper fingerprint card, photograph, and the statutory fees - does not pay any tax-collector convenience fee, but bears whatever the law-enforcement agency that rolled the prints charges for that capture service (also typically a small fee).

Course and Range Costs - § 790.06(2)(h) Competence Requirement

§ 790.06(2)(h) requires the applicant to demonstrate competence with a firearm through one of seven enumerated paths - most commonly an NRA basics course, a hunter-safety course, or any course taught by an NRA-, CJSTC-, or FDACS-certified firearms instructor. The cost of the qualifying course is set entirely by the instructor or sponsoring organization. Florida statute does not cap, regulate, or subsidize this cost; it is a private transaction outside the FDACS fee structure. Typical Florida CWFL-qualifying courses run 4 to 6 hours and are priced in the $50 to $150 range, depending on instructor, location, and whether range time and ammunition are included. Range fees, where charged separately, typically run $20 to $50. Detail on what the course must include - particularly the live-fire requirement codified by the 2017 amendment to § 790.06(2)(h) - is covered in TRAINING_REQUIREMENTS.

Replacement and Address-Change Fees - § 790.06(8) and § 790.06(11)(a)

§ 790.06(8) addresses lost or destroyed licenses: a license holder must notify FDACS in writing within 30 days, and FDACS issues a replacement upon payment of a $15 fee. The replacement license is valid for the unexpired portion of the original 7-year term - payment of the replacement fee does not extend the license.

§ 790.06(11)(a) addresses changes of address. A license holder must notify FDACS in writing within 30 days of a permanent change of residence address. Florida statute does not impose a fee for an address change. The FDACS online licensing portal accepts address-change submissions at no cost, and FDACS does not reissue a physical card on an address change - the existing card remains valid through expiration.

No Senior-Citizen Discount in Chapter 790

A common point of confusion is whether Florida offers a senior-citizen reduced fee on the CWFL. It does not. Chapter 790 contains no age-graduated fee schedule. Every applicant who meets the § 790.06(2)(b) age-21 floor pays the same § 790.06(5)(b) cap regardless of age. Applicants who hold a Florida driver license issued without an expiration date under the senior-driver provisions of chapter 322 still pay the standard § 790.06(5)(b) fees. Where reduced or waived CWFL fees appear in marketing materials from third-party course providers, those reductions apply to the course fee the instructor charges, not to the FDACS license or fingerprint fees.

Military and Veteran Applicants - Expedited Processing, Not a Fee Waiver

§ 790.06(5)(f) and § 790.06(6)(f) direct FDACS to expedite the application of an active-duty servicemember, an honorably discharged veteran, or a current or retired law-enforcement officer. Expedited processing means FDACS moves the file to the front of the queue and may issue substantially faster than the § 790.06(6)(c) 90-day statutory ceiling. It does not mean a fee waiver. The military and veteran applicant pays the full $55 original / $45 renewal § 790.06(5)(b) fee and the full fingerprint-processing fee. This differs from some other states - Texas, for example, waives the license fee outright for active-duty servicemembers and certain veterans - and is a common point of confusion for servicemembers relocating to Florida.

§ 790.06(11)(b) provides a separate protection: a license holder serving on military orders more than 35 miles from his or her residence may have the license expiration extended for the duration of the deployment plus 180 days. The extension is automatic on submission of orders to FDACS and does not require payment of a renewal fee while on protected status.

Realistic Total Cost for a New Florida CWFL

Combining the statutory and market components, a realistic out-of-pocket total for a new Florida CWFL applicant looks like this:

The narrower $147-$247 range covers the most common case: a $55 license fee, $42 fingerprint fee, and a $50-$150 instructor course, with no separate range fee and no tax-collector convenience fee. Renewal totals are lower - the § 790.06(5)(b) cap drops to $45, no new course is required to renew, and most renewals do not require a new fingerprint capture during the seven-year retained-print monitoring window.

Fee Summary Table

Cross-References

• Eligibility, license term, and the issuing-authority framework: PERMIT_BASICS
• The seven competence paths and the live-fire requirement: TRAINING_REQUIREMENTS
• Tax-collector intake mechanics, online portal, and the 90-day decision clock: APPLICATION_PROCESS
• Renewal mechanics and the deployment-extension under § 790.06(11)(b): RENEWAL_PROCESS
• Why Florida's preemption clause bars county-level surcharges or additional fees: PREEMPTION

Florida Concealed Carry Laws

Florida allows concealed carry of firearms through two paths. First, constitutional (permitless) carry under Fla. Stat. § 790.01(1)(b) covers any qualifying adult 21 or older who is not a prohibited person - no permit required, in effect since HB 543 (Ch. 2023-18, Laws of Fla.) took force on July 1, 2023. Second, the Concealed Weapon or Firearm License (CWFL) under Fla. Stat. § 790.06 remains the permit-based path, issued by the Florida Department of Agriculture and Consumer Services (FDACS), and adds out-of-state reciprocity, NICS-exempt purchases under 18 U.S.C. § 922(t)(3), and the federal Gun-Free School Zone exemption under 18 U.S.C. § 922(q). The permitless and CWFL paths described here authorize CONCEALED carry. Open carry is separately lawful for qualifying adults since September 2025, when the First DCA held Fla. Stat. § 790.053 unconstitutional in McDaniels v. State and the Attorney General directed law enforcement not to enforce the ban. See OPEN_CARRY.

This section covers concealed firearm carry by civilians. Open carry is in OPEN_CARRY; the CWFL issuance process is in PERMIT_BASICS, APPLICATION_PROCESS, FEES_COSTS, and TRAINING_REQUIREMENTS; prohibited places (which apply to permitless carriers and CWFL holders alike, by force of § 790.013(2)) are in PROHIBITED_PLACES. Bottom line on concealment: if you are 21 or older, qualify under § 790.06(2), and keep the firearm concealed from the ordinary sight of another person, you do not need a license to carry concealed in Florida - but you must carry valid ID, and every § 790.06(12) location restriction still applies.

The two-path framework

Before HB 543, Fla. Stat. § 790.01 made it a third-degree felony to carry a concealed firearm on or about the person without a CWFL issued under § 790.06. The CWFL was the only general civilian path. HB 543 (Ch. 2023-18, Laws of Fla., effective July 1, 2023) rewrote § 790.01 to add subsection (1)(b), creating a permitless-carry path for adults who already qualify for a CWFL but have not obtained one. The result is that the same conduct - carrying a concealed firearm on or about your person in a public place - can now be lawful under either of two independent legal authorities:

1. Permitless carry under § 790.01(1)(b). A person who is not licensed under § 790.06, but who otherwise satisfies the criteria for receiving and maintaining such a license under § 790.06(2)(a)-(f) and (i)-(n), (3), and (10), is authorized to carry a concealed weapon or concealed firearm.

2. CWFL carry under § 790.06. A person issued a CWFL by FDACS under § 790.06 is authorized to carry a concealed weapon or concealed firearm anywhere in the state for seven years from the date of issuance, subject to § 790.06(12).

HB 543 did not repeal the CWFL. The license remains a separate, more powerful instrument and coexists with permitless carry. A permitless carrier is treated under § 790.01(1)(b) and is subject to the same § 790.06(12) prohibited-places list as a license holder by operation of § 790.013(2). A CWFL holder gets statutory recognition outside Florida, NICS-exempt purchases at federally licensed dealers, the federal school-zone exemption under 18 U.S.C. § 922(q)(2)(B)(ii), and the church/synagogue carry rule of § 790.06(13).

The § 790.01 baseline and the § 790.01(1)(b) exception

Under § 790.01(1), a person is authorized to carry a concealed weapon or concealed firearm - as those terms are defined in § 790.06(1) - only if they are licensed under § 790.06 (paragraph (a)) or qualify for licensure but have not obtained one (paragraph (b)). A person who does not meet either criterion and carries anyway commits an offense.

The grading distinction in § 790.01 is sharp. Under § 790.01(2), unauthorized carry of a concealed weapon (non-firearm - a dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon as defined in § 790.001(4)) is a misdemeanor of the first degree, punishable under §§ 775.082 or 775.083. Under § 790.01(3), unauthorized carry of a concealed firearm (any weapon designed to expel a projectile by the action of an explosive - § 790.001(9)) is a felony of the third degree, punishable under §§ 775.082, 775.083, or 775.084. The penalty stack for an unlicensed and unqualified carrier is therefore much heavier for a handgun than for a billy club, and is the practical reason a Texas-or-Pennsylvania-style "I just forgot my license" defense does not work in Florida - § 790.01(3) is a felony, not a misdemeanor.

Two carve-outs limit the scope of § 790.01(2)-(3). First, § 790.01(4) places the burden of proving both elements - that the actor is unlicensed and ineligible - on the state. The state must show the actor is "ineligible to receive and maintain such a license" under the criteria of § 790.06(2)(a)-(f) and (i)-(n), (3), and (10). A clean, eligibility-on-paper carrier who simply has no license is not committing a § 790.01 offense at all under HB 543; the state cannot satisfy its (4) burden. Second, § 790.01(5) carves out two specific factual scenarios: (a) lawful concealed carry while in the act of evacuating during a mandatory evacuation order issued under chapter 252 (state-declared emergency) or chapter 870 (locally-declared emergency), where "in the act of evacuating" means immediate movement away from the evacuation zone within 48 hours of the order (extendable by gubernatorial order); and (b) concealed self-defense chemical spray and concealed nonlethal stun guns or dart-firing stun guns. Note that the (5)(b) carve-out applies to electric weapons, not firearms - concealed firearm carry by a person ineligible for a CWFL during a non-evacuation event is still a third-degree felony.

Section § 790.01(6) preserves prosecutorial reach: nothing in § 790.01 precludes prosecution for use of an electric weapon, stun gun, or self-defense chemical spray during the commission of any offense under §§ 790.07, 790.10, 790.23, 790.235, or any other criminal offense.

What § 790.013 actually requires of permitless carriers

Section 790.013 is the documentation-and-parity statute for the permitless-carry path created by HB 543. It is short - two operative subsections - and easy to misread.

• § 790.013(1) - ID requirement. A person carrying a concealed weapon or concealed firearm without a CWFL "as authorized under s. 790.01(1)(b)" must carry valid identification at all times when in actual possession of the concealed weapon or firearm and must display that ID upon demand by a law enforcement officer. A violation of subsection (1) is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court. There is no statutory tender-the-ID-immediately-upon-encounter rule beyond the "upon demand" language; the law-enforcement officer must request it. There is no parallel duty to volunteer the fact that you are armed, and no Florida statute creates a § 790.013 duty-to-inform analog (see DUTY_TO_INFORM).

• § 790.013(2) - Prohibited-place parity. A permitless carrier "is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm." This is the load-bearing sentence in § 790.013. The post-HB 543 reality is that the 15-category prohibited-places list of § 790.06(12) - courthouses, polling places, school facilities, K-12 administration buildings, career centers, college and university facilities (with narrow electric-weapon exceptions), the inside-checkpoint-and-sterile area of airports, places of nuisance, police and detention facilities, the bar portion of any liquor establishment, school athletic events not related to firearms, governing-body meetings, legislative meetings, and any place where firearms are prohibited by federal law - applies equally to constitutional carriers and to license holders. The CWFL's § 790.06(13) church-and-synagogue carry authorization, by contrast, runs to license holders only and not to permitless carriers, because § 790.013(2) cross-references (12) and not (13). PROHIBITED_PLACES walks through the list in detail.

The practical takeaway: permitless carry in Florida does not free you from a single § 790.06(12) location rule. It frees you from the seven-year, fingerprint-and-training license process, and that is essentially all it does inside the state.

What "concealed" means in Florida

Florida's "concealed" standard is statutory and not a common-law accident of fit and finish. Under § 790.001(3), "concealed firearm" means any firearm carried on or about a person "in such a manner as to conceal the firearm from the ordinary sight of another person." § 790.001(4)(a) provides the parallel definition for "concealed weapon" - a dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon - using the same "ordinary sight of another person" standard. Florida courts apply an "absolutely invisible" standard only for weapons in deep-pocket or in-purse cases that require a search to find. For an on-the-belt firearm, the question is whether an ordinary observer in the room, glancing in the carrier's direction, would see the firearm. Outline of a holster through a slightly tight shirt is not, on these statutory definitions, a concealment failure - but a printed grip sticking above the belt line is a closer call, and the safer practical approach is to dress around the holster rather than to argue printing.

What separated Florida from a state like Texas was that Florida's "concealed" standard is binary at the statutory level: either you are carrying within § 790.001(3) (concealed) or you are carrying openly, which - since McDaniels struck § 790.053 in 2025 - is itself now lawful for a qualifying adult. There is no Texas-style "intentional display in plain view" carve-out for unintentional flashes. § 790.053 does, however, contain its own narrow safe-harbor: the second sentence of § 790.053(1) provides that "it is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense." A holster shift, a momentary clothing snag, a brief reach across a console - those readings of "briefly and openly display" are protected. Drawing in anger or to threaten is not.

The § 790.053(1) brief-display safe-harbor runs only to a person carrying "as authorized in s. 790.01(1)" - meaning either a CWFL holder under § 790.01(1)(a) or a qualifying permitless carrier under § 790.01(1)(b). This clause mattered chiefly under the former open-carry ban. Since McDaniels struck § 790.053 in 2025, open carry by any qualifying adult is lawful in its own right, so the incidental-exposure question the safe-harbor addressed rarely arises.

Eligibility (constitutional carry vs CWFL)

The eligibility floor for permitless carry under § 790.01(1)(b) is the same as the CWFL issuance criteria of § 790.06(2)(a)-(f) and (i)-(n), (3), and (10), minus the firearm-competence demonstration in (h). The working list a Florida instructor needs:

• Status (§ 790.06(2)(a)): U.S. citizen, permanent resident alien, or qualifying consular security official.
• Age (§ 790.06(2)(b)): 21 or older.
• Physical capacity (§ 790.06(2)(c)): No infirmity preventing safe handling of a firearm.
• State firearm-prohibition status (§ 790.06(2)(d)): Not ineligible under § 790.23 by virtue of a felony conviction.
• Recent controlled-substance history (§ 790.06(2)(e)): No chapter 893 conviction in the past 3 years; no chapter 397 substance-abuse commitment.
• Substance-impairment history (§ 790.06(2)(f)): No chronic/habitual alcohol or substance impairment - presumption attaches to § 790.151 convictions, § 856.011(3) habitual-offender status, or two or more § 316.193 (DUI) convictions in 3 years.
• Mental health (§ 790.06(2)(i)-(j)): Not adjudicated incapacitated under § 744.331; not committed under chapter 394.
• Felony adjudication-withheld (§ 790.06(2)(k)): No withheld/suspended felony disposition unless 3 years have elapsed.
• Domestic-violence misdemeanor (§ 790.06(2)(l)): No withheld/suspended DV misdemeanor unless 3 years have elapsed.
• Active protective orders (§ 790.06(2)(m)): No DV/repeat-violence injunction in force.
• Catch-all (§ 790.06(2)(n)): Not prohibited by any other provision of Florida or federal law - incorporates 18 U.S.C. § 922(g) wholesale (felons, fugitives, unlawful drug users, qualifying-DV-misdemeanants, etc.).
• Recent violent misdemeanor (§ 790.06(3)): No guilty/withheld/suspended disposition for misdemeanor crimes of violence in the past 3 years.

The single most important practical point: § 790.06(2)(b) requires age 21 for both license issuance and permitless carry. A 19-year-old in Florida cannot carry concealed under either path. Anyone who tells you HB 543 lowered the age is wrong.

The single most important practical difference between the two paths: a CWFL applicant must additionally demonstrate firearm competence under § 790.06(2)(h); a permitless carrier under § 790.01(1)(b) need not. Permitless carriers still benefit in real life from training, but the statute does not require it. TRAINING_REQUIREMENTS covers the (h) options.

Penalties for unlawful concealed carry

The grading rule a Florida instructor must drill into students: Florida § 790.01(3) is a felony. Some other states grade their plain-view-display offenses as misdemeanors, but a Florida resident who carries concealed without meeting the § 790.01(1)(b) eligibility floor commits a third-degree felony, punishable by up to five years' imprisonment and a $5,000 fine under § 775.082 and § 775.083. The grading is deliberate: HB 543 narrowed § 790.01's reach by carving out qualifying carriers, but it left the underlying penalty grade alone for non-qualifying carriers.

Florida vs Texas after McDaniels

A common student question in 2026 is whether Florida is now "the same as Texas." On carry mode, the answer is now much closer to yes. Texas under H.B. 1927 made open carry of holstered handguns by qualifying adults lawful in a single statute. Florida got to the same place in two steps: HB 543 (2023) created a permitless concealed-carry path under § 790.01(1)(b), and the McDaniels decision (2025) struck § 790.053, the open-carry ban. A Floridian who walks into a 7-Eleven with a holstered handgun on their hip in plain view is not committing a § 790.053 offense today, whether they hold a CWFL or carry permitlessly. Open carry is subject to the prohibited-places rules, the § 790.10 improper-exhibition statute, and federal law, and the McDaniels decision is subject to mandatory Florida Supreme Court review.

The other practical difference: Florida still has a meaningfully more restrictive prohibited-places list than post-2021 Texas. § 790.06(12) lists 15 categories (courthouses, polling places, schools, college campuses, the inside-checkpoint of airports, the bar portion of liquor establishments, etc.), and § 790.013(2) extends every one of them to permitless carriers. There is no Florida analog to certain other states' LTC-only carve-outs for hospitals, alcohol-revenue establishments, or amusement parks - those Florida prohibitions in § 790.06(12) bind license holders and permitless carriers identically.

What the CWFL still buys you

Permitless carry covers most everyday in-Florida concealed carry by a qualifying adult. The CWFL is still meaningfully different in five ways an instructor should be able to explain.

1. Reciprocity outside Florida. § 790.01(1)(b) is a Florida-only rule. The Florida CWFL is honored under unilateral or bilateral reciprocity arrangements with roughly three dozen states, with the current list maintained by FDACS. A permitless carrier crossing a state line has no statutory authority in the receiving state unless that state independently recognizes Florida residence under its own permitless-carry statute. RECIPROCITY covers operational details.

2. NICS-exempt purchases under federal law. A current Florida CWFL issued after the federal qualification process is recognized by the ATF as a Brady alternative under 18 U.S.C. § 922(t)(3). A CWFL holder skips the NICS check on a 4473 purchase. A permitless carrier does not.

3. Federal Gun-Free School Zones Act exemption. 18 U.S.C. § 922(q)(2)(B)(ii) exempts persons "licensed to do so by the State in which the school zone is located" if the licensing process verified the licensee. A Florida CWFL qualifies. Permitless carry does not, because there is no licensing process to verify against. This matters most for Floridians who live or routinely drive within 1,000 feet of a K-12 school. Florida itself does not enforce § 922(q), but federal prosecutors can.

4. Church and synagogue private-property carry. § 790.06(13) authorizes a CWFL holder to carry concealed on property "owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution," subject to the institution's own private-property prohibitions. The cross-reference in § 790.013(2) runs only to § 790.06(12), not (13), so this carve-out is license-only.

5. Statewide preemption. § 790.06(16) declares the Legislature's intent to "occupy the field of regulation of the bearing of concealed weapons or concealed firearms" and prohibits FDACS from imposing burdens beyond the statute. The combined effect of § 790.06(16) and the Florida Firearms Preemption Act (covered in PREEMPTION) is that local rules cannot lawfully add restrictions on CWFL carry.

If a student carries only inside Florida, only outside § 790.06(12) places, and only on property where private-owner permission is unambiguous, the CWFL is largely a convenience document. For instructors, professionals who travel, frequent firearm purchasers, parents who live near schools, and anyone who carries on church or synagogue property, the CWFL is still worth getting. APPLICATION_PROCESS, FEES_COSTS, and TRAINING_REQUIREMENTS cover how to obtain one.

The defensive-display interaction with USE_OF_FORCE

Concealed carry intersects with USE_OF_FORCE the moment a carrier needs to draw. Florida's justification framework runs through Fla. Stat. §§ 776.012, 776.013, 776.031, and 776.032. A defensive draw responsive to an articulable threat raises no open-carry problem: § 790.053 is no longer enforceable after McDaniels, and even under its terms § 790.053(1) expressly excluded display "in necessary self-defense" from the angry-or-threatening-manner clause. A defensive draw also does not violate § 790.01 because the carrier authorized under § 790.01(1)(a) or (1)(b) was lawfully carrying concealed in the first place - drawing the firearm does not retroactively un-conceal anything. USE_OF_FORCE and CASTLE_DOCTRINE walk through the justification framework in detail. The short version for an instructor: a clean defensive draw against an articulable threat is not a § 790.01 or § 790.053 violation, even if the firearm becomes briefly visible.

What you must carry on you

A CWFL holder must carry valid ID at all times when in actual possession of a concealed weapon or concealed firearm and display it upon demand by a law enforcement officer (§ 790.06(1)(c)). The penalty is a $25 noncriminal fine. § 790.06(1)(c) requires "valid identification," not the license card itself - but most Floridians carry the wallet card because it short-circuits the eligibility inquiry during a stop.

A permitless carrier under § 790.01(1)(b) must carry valid ID under § 790.013(1), with the same $25 penalty. There is no "permitless-carry card" issued by FDACS; a driver's license or state ID suffices.

Neither path imposes a statutory duty to volunteer the fact of concealed carry to a peace officer. Florida is not a duty-to-inform state. DUTY_TO_INFORM covers the framework. Practical advice is unchanged from Texas or Pennsylvania: cooperate, identify yourself, answer truthfully if asked whether you are armed, keep your hands visible, and do not reach toward the firearm.

Common scenarios

A few scenarios an instructor should be able to walk through cold:

• A 20-year-old otherwise-qualified Florida resident carries concealed. Third-degree felony under § 790.01(3). The age 21 floor in § 790.06(2)(b) is incorporated by § 790.01(1)(b) and is non-negotiable.
• A 25-year-old eligible Florida resident forgets her wallet and carries concealed. Authorized under § 790.01(1)(b). Owes a $25 noncriminal fine under § 790.013(1) if asked for ID and she cannot produce it.
• A 30-year-old CWFL holder walks into a polling place with a concealed firearm. Misdemeanor of the second degree under § 790.06(12)(d) for the (12)(a)6 polling-place violation. § 790.013(2) extends the same prohibition to permitless carriers.
• A non-resident with a Georgia weapons carry license carries concealed in Orlando. Authorized if Florida recognizes the Georgia license under reciprocity. The non-resident cannot use § 790.01(1)(b) - the practical authority runs through reciprocity recognition. RECIPROCITY covers the list.
• A CWFL holder briefly exposes the grip of his holstered firearm reaching for groceries. Not an offense - open carry itself is lawful after McDaniels, and this is at most an incidental exposure.
• A CWFL holder draws to threaten a driver who cut him off. Drawing to threaten is not protected self-defense. Exposure under § 790.10 improper exhibition (a first-degree misdemeanor) and likely chapter 784 aggravated-assault charges. Open carry being lawful does not shield a threatening display.

The practical takeaway: HB 543 lowered the entry barrier to lawful concealed carry, but it did not change the penalty for getting the eligibility or location analysis wrong. A Florida instructor's job in the post-HB 543 world is to walk every student through the § 790.06(2) eligibility list and the § 790.06(12) prohibited-places list before that student leaves the classroom. Permitless does not mean unregulated.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022). Bruen, 597 U.S. 1 (2022), eliminated "proper cause" / "good cause" discretionary CCW frameworks and required states to apply objective issuance criteria. The decision converted formerly may-issue states to shall-issue. States that were already shall-issue or permitless before Bruen experience the case primarily through its broader historical-tradition test for evaluating subsequent Second Amendment claims.

Florida Concealed Carry Resources

This directory catalogs Florida-specific resources for Concealed Weapon or Firearm License (CWFL) holders, instructors, and carriers: state agencies, advocacy organizations, statute lookups, instructor certification, and reciprocity tools. Florida is a permitless-carry state for qualifying adults 21 and older as of July 1, 2023, but the CWFL program continues to operate through the Florida Department of Agriculture and Consumer Services (FDACS) Division of Licensing, and most operationally important guidance for instructors and license holders flows through FDACS, the Office of the Attorney General, and the Florida Department of Law Enforcement (FDLE). Verify links, fees, and turnaround times against the issuing authority before each class cycle; Florida CWFL fees, instructor-certification cycles, and reciprocity arrangements all change between legislative sessions.

Florida Department of Agriculture and Consumer Services (FDACS), Division of Licensing

FDACS Division of Licensing is the state issuing authority for the Florida Concealed Weapon or Firearm License under Fla. Stat. Section 790.06. Division of Licensing administers the application portal, processes fingerprints through approved vendors, manages the in-state and nonresident license programs, and publishes the official reciprocity list and instructor guidance.

• FDACS Division of Licensing, Concealed Weapon License (https://www.fdacs.gov/Consumer-Resources/Concealed-Weapon-License). The top-level page for everything CWFL: original applications, renewals, replacement licenses, address-change procedures, current fee schedules, reciprocity, and the official downloadable forms. Bookmark this page; it is the authoritative source when statute, third-party sites, and FDACS guidance disagree.
• FDACS Concealed Weapon License Application Portal. Linked from the Concealed Weapon License page. New residents and renewals can submit through the online portal or by paper packet through a Tax Collector office or by mail. The portal also handles status checks once an application is in process.
• FDACS Division of Licensing, Tax Collector Service Locations (https://www.fdacs.gov/Consumer-Resources/Concealed-Weapon-License/Apply-for-a-Concealed-Weapon-License). A network of participating county Tax Collector offices accepts in-person CWFL applications, takes fingerprints and photos, scans supporting documents, and forwards the packet to FDACS. Use of a Tax Collector office is the fastest path to issuance for Florida residents and is the only path that does not require a separate fingerprinting appointment with a private vendor.
• FDACS Division of Licensing headquarters. The Division of Licensing maintains its administrative office in Tallahassee; the current correspondence address is published on the Concealed Weapon License page and should be consulted before mailing a paper application or supplement (military exemption documentation, name change records, certified court orders).
• FDACS Customer Contact Center. The Division of Licensing publishes a customer contact phone line on the Concealed Weapon License page. The Division will not interpret statute or assess individual eligibility, but the Contact Center can clarify program procedure (what counts as a qualifying training certificate, how to update an address, how to add a name change to an existing CWFL, what documents satisfy the proof-of-competence requirement under Fla. Stat. Section 790.06(2)(h)).
• FDACS Division of Licensing, Instructor and School Resources. Linked from the Concealed Weapon License page. Lists the categories of approved firearms training that satisfy Fla. Stat. Section 790.06(2)(h) (NRA-certified courses, hunter-education courses, law-enforcement training, military service training, and equivalent instruction). The Division does not separately certify CWFL instructors; the controlling credential is the underlying certifying organization (NRA, USCCA, or equivalent), not a Florida-issued instructor license.

Tax Collector Offices (In-Person CWFL Submission)

Florida's county Tax Collector offices are the operational front-line of the CWFL program. Participating offices accept the application, take fingerprints and a digital photo on-site, scan supporting documents, collect the application fee, and forward the packet electronically to FDACS. In-person submission through a Tax Collector typically produces a faster turnaround than mail-in submission because the Tax Collector pre-screens the packet.

• Florida Tax Collectors Association (https://www.floridataxcollectors.com/). Top-level page. Most counties operate independently and publish their own CWFL service hours, appointment requirements, and accepted payment methods on the county Tax Collector website.
• Locating a participating Tax Collector. The FDACS Concealed Weapon License page links to the current list of participating offices, which is updated periodically as additional counties enter the program. Not every Tax Collector office handles CWFLs; some counties offer the service at only one or two branches.

For students who do not live near a participating Tax Collector, the alternative is a paper application by mail with separately-scheduled fingerprinting at a Live Scan vendor approved by FDACS. The Concealed Weapon License page lists current vendors.

Florida Statutes and Legislative Resources

Florida publishes its statutes, session laws, and pending bills through the Online Sunshine portal operated by the Florida Legislature. The official statute portal is leg.state.fl.us/Statutes; flsenate.gov and flhouse.gov mirror the bill-tracking and committee data.

• Florida Statutes (Online Sunshine) (http://www.leg.state.fl.us/Statutes/). The official online statute portal. Searchable by chapter and section number. Chapter 790 (Weapons and Firearms) and Chapter 776 (Justifiable Use of Force) contain the controlling firearms law in Florida. This is the authoritative source when a third-party citation conflicts with the codified text.
• Florida Senate (https://www.flsenate.gov/). The Senate's bill-tracking portal. Search current and historical bills, monitor committee hearings, and pull session-by-session amendment history. The Senate site also publishes the official statute text in a parallel interface to Online Sunshine.
• Florida House of Representatives (https://www.flhouse.gov/). The House's parallel bill-tracking and member-information portal. Useful for tracking House bills that have not yet moved to the Senate and for identifying bill sponsors and committee assignments.
• Online Sunshine, Laws of Florida (http://laws.flrules.org/). The session-laws portal. Useful when answering "when did this rule change" - for example, when HB 543 (2023) made permitless concealed carry effective on July 1, 2023.
• Florida Administrative Code and Florida Administrative Register (https://www.flrules.org/). The codified administrative rules, organized by agency. FDACS Division of Licensing rules implementing the CWFL program live in Chapter 5N of the Florida Administrative Code.

Key Florida Firearms Statutes to Bookmark

Florida Office of the Attorney General

The Florida Attorney General does not issue CWFLs but plays three roles directly relevant to instructors and license holders. First, AG opinions interpret unclear firearms statutes and are persuasive (not binding) on courts; agency lawyers generally follow them until superseded. Second, the AG enforces preemption against local governments under Fla. Stat. Section 790.33, which assigns civil-penalty exposure to local officials who enact or enforce firearms ordinances inconsistent with state law. Third, the AG publishes guidance on the official Florida reciprocity list maintained jointly with FDACS.

• Florida Office of the Attorney General (https://www.myfloridalegal.com/). Top-level AG page. Includes the opinions database, the consumer-protection complaint portal, and the firearms-policy pages.
• AG Opinions Database (https://www.myfloridalegal.com/legal-opinions). Searchable database of formal Attorney General opinions. Several opinions interpret the securely-encased rule under Section 790.25, the school-safety-zone exclusions under Section 790.115, and the interaction between CWFL carve-outs and local park and beach postings.
• Florida Reciprocity List. Published jointly by FDACS and the AG, and linked from the FDACS Concealed Weapon License page. The list is the controlling Florida source for which states' permits are valid in Florida (recognition) and which states honor a Florida CWFL (honor); reciprocity agreements are entered under Fla. Stat. Section 790.015. Treat third-party reciprocity maps as a starting point only and verify against this page before traveling.

Florida Department of Law Enforcement (FDLE)

FDLE is the state criminal-justice agency with several roles that intersect with the CWFL program. FDLE runs the state-level criminal-history record-check system that feeds into the CWFL background check, administers the Risk Protection Order data exchange, and publishes the statewide firearms-related crime statistics.

• Florida Department of Law Enforcement (https://www.fdle.state.fl.us/). Top-level FDLE page. Includes Criminal History Information, the Sex Offender Registry, and the Office of Statewide Intelligence.
• FDLE Criminal History Information (https://www.fdle.state.fl.us/Criminal-History-Records). Florida's online criminal-history record-check portal. A student who is uncertain whether a prior arrest disqualifies them from CWFL eligibility under Fla. Stat. Section 790.06(2) should pull their own record before paying the application fee. The federal NICS layer adds offenses (such as misdemeanor crimes of domestic violence under 18 U.S.C. Section 922(g)(9)) that may disqualify even when the state record looks clean.
• FDLE Risk Protection Order Resources. FDLE coordinates the data exchange that supports Risk Protection Order petitions filed under Fla. Stat. Section 790.401. RPO orders are filed in circuit court by a law-enforcement agency, but FDLE maintains the statewide registry of active orders and the surrender data that flows to NICS.
• FDLE Firearm Purchase Program. Linked from the FDLE page. Florida operates a state-level instant-check program for handgun purchases that supplements the federal NICS check; the dealer queries FDLE through the participating sheriff or a designated agent.

Federal Resources

Florida CWFL holders and instructors operate within both state and federal firearms law. The federal layer governs interstate transport (18 U.S.C. Section 926A), federally-prohibited persons (18 U.S.C. Section 922(g)), federally-restricted locations (18 U.S.C. Section 930), and the National Firearms Act registry (26 U.S.C. Chapter 53).

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (https://www.atf.gov/). Federal regulator for FFL licensees, NFA registration, and ITAR-adjacent matters. Publishes the State Laws and Published Ordinances guide, which includes the Florida chapter.
• ATF Firearms Forms (https://www.atf.gov/firearms/firearms-forms). Form 4473 (purchase background check), Form 4 (NFA transfer), Form 1 (NFA make), and Form 5320.20 (interstate transport of NFA items, required before crossing a state line with an NFA firearm).
• National Instant Criminal Background Check System (NICS) (https://www.fbi.gov/services/cjis/nics). Florida CWFL holders are exempt from a separate NICS check at the point of purchase under 18 U.S.C. Section 922(t)(3) and the corresponding ATF acknowledgment of the Florida CWFL as a qualifying alternative permit; the dealer still completes Form 4473 and verifies the CWFL.
• U.S. Department of Justice (https://www.justice.gov/). Federal firearm prosecutions in Florida go through the three U.S. Attorney's Offices (Northern, Middle, Southern Districts of Florida).
• U.S. Courts (PACER) (https://www.pacer.gov/). Federal district-court case lookup for the three Districts of Florida.
• 18 U.S.C. Section 922 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922). The federal prohibited-persons statute. A federally-prohibited person is also disqualified from a Florida CWFL under Fla. Stat. Section 790.06(2).

Reciprocity and Travel Resources

Florida publishes its reciprocity list jointly through FDACS and the Office of the Attorney General. The FDACS-published list is the authoritative state source. Under Fla. Stat. Section 790.015, the Department recognizes other states' permits when the issuing state extends comparable recognition to Florida, and FDACS publishes the resulting list.

• Handgunlaw.us, Florida page (https://handgunlaw.us/states/florida.pdf). Widely-used third-party reciprocity reference. The handgunlaw.us PDF is generally accurate and is updated quickly after a new bilateral agreement is announced, but it is not authoritative; the FDACS-published list controls.
• USCCA Reciprocity Map (https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/). Useful for visualizing reciprocity at a glance. Verify against the FDACS list before traveling.
• Utah nonresident concealed-firearm permit (https://bci.utah.gov/concealed-firearm/). A widely-recognized nonresident permit. A Florida resident does not need a Utah permit to carry in Florida, but some carriers stack nonresident permits to extend reciprocity into states that recognize Utah but not Florida.
• Florida nonresident CWFL. Florida is itself a popular nonresident-permit-of-choice for residents of other states because its reciprocity footprint is among the broadest in the country. Out-of-state students should apply through the FDACS Concealed Weapon License nonresident path; the application requirements are identical to the resident path except that fingerprinting must be completed by a law-enforcement agency in the applicant's home state.

Florida Fish and Wildlife Conservation Commission (FWC)

FWC is the state agency that manages public hunting lands, the hunter-education program, and certain wildlife-management-area firearms rules. CWFL carry on FWC-managed lands is generally permitted under state preemption, but specific facilities and seasonal closures change the analysis.

• Florida Fish and Wildlife Conservation Commission (https://www.myfwc.com/). Top-level FWC page. Manages Wildlife Management Areas and publishes the annual hunting regulations digest with in-effect rules on firearm transport during open seasons. FWC also runs the required hunter-education program for first-time license applicants; the FWC hunter-education completion certificate is one of several forms of training that satisfy Fla. Stat. Section 790.06(2)(h) for CWFL eligibility.
• FWC Hunting Regulations. Published annually in PDF and online. Includes the WMA-by-WMA firearm rules, posted-area rules, and seasonal restrictions on caliber and magazine capacity (which are weapon-specific to hunting and do not extend to lawful concealed carry under a CWFL).

Advocacy Organizations and Industry Resources

These organizations are not government sources, and their guidance is not authoritative on Florida law. They are useful for tracking pending legislation through the annual session, mobilizing on rule changes, and accessing legal-defense resources.

• NRA-ILA Florida (https://www.nrapvf.org/florida/). The NRA Political Victory Fund's Florida page. Tracks endorsements and grades for state-level offices and publishes alerts during legislative sessions.
• Florida Carry Inc. (https://www.floridacarry.org/). The primary state-level advocacy organization focused on Florida-specific firearms policy and litigation. Florida Carry has been the lead plaintiff or co-plaintiff on multiple state-court preemption cases under Section 790.33 and tracks pending firearms legislation through every session.
• Unified Sportsmen of Florida (USF) (https://www.unifiedsportsmenofflorida.com/). Florida's longest-running state-level firearms and sportsmen's advocacy organization. USF lobbies in Tallahassee during the annual session and publishes a legislative scorecard for state offices.
• Gun Owners of America, Florida (https://www.gunowners.org/). National gun-rights organization with active Florida engagement; generally to the right of NRA-ILA on legislative priorities.
• U.S. Concealed Carry Association (USCCA) (https://www.usconcealedcarry.com/). Publishes training materials, the reciprocity map, and self-defense liability insurance. The USCCA basic pistol course is one of several courses that satisfy the proof-of-competence requirement under Fla. Stat. Section 790.06(2)(h).
• National Shooting Sports Foundation (NSSF) (https://www.nssf.org/). Trade association for the firearms industry, headquartered out of state but with significant Florida member presence. Publishes the Don't Lie for the Other Guy straw-purchase prevention campaign that Florida dealers participate in.
• Second Amendment Foundation (SAF) (https://www.saf.org/). National litigation organization. SAF has been the lead plaintiff or co-plaintiff on multiple post-Bruen Florida-relevant federal cases.
• Firearms Policy Coalition (FPC) (https://www.firearmspolicy.org/). National litigation and advocacy organization, with active Florida litigation.

Practical Tools for Instructors and License Holders

• FDACS CWFL Application Status Lookup. Linked from the Concealed Weapon License page. Applicants can check the current status of a pending application using the application number and date of birth. Useful when a student calls asking why their license has not arrived; the status portal will show whether the packet is in fingerprint review, background check, or final adjudication.
• FDACS Approved Training Documentation. Linked from the Concealed Weapon License page. Lists the categories of training that satisfy Fla. Stat. Section 790.06(2)(h): NRA-certified firearms instruction, hunter-education completion, military or law-enforcement training, and equivalent organized firearms instruction. The applicant must submit a signed certificate of completion from the instructor; FDACS does not pre-approve specific schools or instructors.
• FDACS Address Change and Replacement License Process. Linked from the Concealed Weapon License page. License holders are required to notify FDACS of an address change within 30 days under Fla. Stat. Section 790.06(7); the portal handles the update without requiring a new card unless the holder requests one. Replacement licenses for lost or stolen cards are issued through the same portal for a separate fee.
• FDACS Renewal and Late-Renewal Process. Linked from the Concealed Weapon License page. Florida CWFLs are issued for a seven-year term; renewal applications can be filed up to 180 days before expiration. A license that expired more than six months ago generally requires a new original application, not a renewal.

Records, Background Checks, and Related State Services

• FDLE Sex Offender Registry (https://offender.fdle.state.fl.us/offender/sops/home.jsf). FDLE-operated sex-offender registry. Some sex-offense convictions disqualify an applicant from a CWFL under Fla. Stat. Section 790.06(2).
• Florida Department of Health, Vital Records (https://www.floridahealth.gov/certificates/). Source for certified copies of Florida-issued vital records (marriage, divorce, name change orders). CWFL applications occasionally require a certified court order documenting a name change.
• Florida Courts Online Docket Search (https://www.flcourts.gov/). Top-level Florida State Courts page. Most counties run their own searchable circuit-court and county-court docket portals; the flcourts.gov page links out to county-level systems where a student needs to confirm whether an old case was dismissed, adjudication was withheld, or the case is still open. Adjudication-withheld cases are not always disqualifying for CWFL purposes, but they require a closer look at the specific offense.
• Florida Commission on Offender Review (https://www.fcor.state.fl.us/). The state commission that processes clemency applications, including restoration of firearm rights after a disqualifying Florida felony conviction. The Office of Executive Clemency, administered by the Commission, handles the application and Board of Executive Clemency review. The process is multi-year and discretionary, and federal disabilities under 18 U.S.C. Section 922(g) do not automatically lift with a state clemency grant. Refer students to a private attorney before they begin.

How to Verify a Florida Source Before Class

A practical workflow for instructors:

1. Open the FDACS Concealed Weapon License page and the joint FDACS/AG reciprocity list at the start of every quarter, and confirm the application fee, renewal fee, current turnaround, and reciprocity additions or removals.
2. Re-pull any FDACS-published applicant handouts and the current application form; FDACS occasionally revises form versions and outdated forms may be returned for re-submission.
3. Pull current statute text from leg.state.fl.us/Statutes when teaching any specific Chapter 790 or Chapter 776 section; a screenshot from a third-party site is not a substitute.
4. Cross-check reciprocity claims against the FDACS list, not against handgunlaw.us or USCCA maps.
5. When a question depends on FDACS procedure (fingerprinting, application supplements, name changes, replacement licenses), check the Concealed Weapon License page directly.
6. When a question depends on local enforcement (park or beach posting, county-courthouse rules, school-safety-zone overlays), consult both Fla. Stat. Section 790.33 (preemption) and the AG opinions database; an ordinance that violates Section 790.33 carries civil-penalty exposure for the local officials who enforce it.

When sources conflict, FDACS controls for licensing program administration, the statute (followed by case law) controls for the underlying legal question, and the Office of the Attorney General controls for reciprocity guidance and preemption enforcement.

Open Carry Laws in Florida

POST-MCDANIELS UPDATE (Sept 2025): On September 10, 2025, the Florida First District Court of Appeal in McDaniels v. State, No. 1D2023-0533 declared Fla. Stat. § 790.053 (Florida's open-carry prohibition) unconstitutional under the Second Amendment as interpreted in N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). On September 15, 2025, Florida Attorney General James Uthmeier issued guidance directing law enforcement not to enforce the open-carry prohibition. Open carry by qualifying adults (the same § 790.06(2) eligibility floor that governs permitless concealed carry) is now lawful in Florida, subject to the prohibited-places list in F.S. § 790.06(12), the improper-exhibition rule in F.S. § 790.10, § 790.115 school grounds, and federal restrictions (Gun-Free School Zones Act, federal facilities, USPS). Because a First DCA decision holding a state statute unconstitutional is subject to mandatory Florida Supreme Court review, a later ruling could change this. The historical analysis of § 790.053 below is preserved for context.

General Legality (Current Law, Post-McDaniels)

Under the operative law as of September 2025, a qualifying adult (21+, not federally or state-disabled from possessing a firearm) may openly carry a handgun in Florida on the same terms that govern permitless concealed carry under F.S. § 790.013. The § 790.06(12) prohibited-places list, F.S. § 790.10 improper exhibition, F.S. § 790.115 school grounds, and federal overlays (18 U.S.C. § 922(q) GFSZA exception only for CWFL holders, not bare qualifying adults; 18 U.S.C. § 930 federal facilities; 39 C.F.R. § 232.1(l) USPS) remain enforceable.

Historical Context: Pre-September-2025 Rule

Before September 10, 2025, Fla. Stat. § 790.053(1) prohibited openly carrying any firearm or electric weapon "on or about" your person, and a violation was a second-degree misdemeanor under § 790.053(3). Florida's 2023 permitless-carry law - HB 543, effective July 1, 2023 - applied only to concealed carry; it did NOT legalize open carry. Limited statutory exceptions then existed for the brief, open self-defense display permitted by § 790.053(1), for fishing, camping, and lawful hunting (and travel to or from those activities) under § 790.25(3)(h), and for possession at one's home or fixed place of business under § 790.25(3)(n). Those exceptions remain on the books but are now superseded for general-purpose open carry by the McDaniels ruling. § 790.053 itself remains in the published Florida Statutes but is no longer enforceable per the AG's September 15, 2025 guidance.

Why a CWFL Still Matters After McDaniels

• Federal GFSZA exemption. 18 U.S.C. § 922(q)(2)(B)(ii) exempts only a person holding a valid state-issued license to carry. A bare qualifying adult under § 790.013 is NOT exempt from the federal Gun-Free School Zones Act. CWFL holders are.
• Reciprocity. ~37 states recognize the Florida CWFL by formal agreement or automatic recognition. Permitless carry does not travel.
• NICS purchase exemption. 18 U.S.C. § 922(t)(3) exempts CWFL holders from the NICS check at handgun retail purchase.
• Faster roadside-stop interactions. A CWFL surfaces in FDLE/NCIC records when ID is run.

The relevant statutes are:

• Fla. Stat. § 790.053 - the former open-carry prohibition, held unconstitutional in McDaniels (2025).
• Fla. Stat. § 790.001(3) - defines "concealed firearm" as a firearm "carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person."
• Fla. Stat. § 790.01 and § 790.013 - authorize concealed carry by license under § 790.06 and, post-HB 543, by qualifying persons without a license.
• Fla. Stat. § 790.25 - the "Lawful uses" carve-out, expressly framed as an override of § 790.053 in narrow circumstances.

The Former Statutory Prohibition: § 790.053 (Held Unconstitutional)

Fla. Stat. § 790.053 remains in the published Florida Statutes but is no longer enforceable after McDaniels. Its text still reads, in § 790.053(1): "Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device." Subsection (2) carved out only chemical sprays and nonlethal stun guns or dart-firing stun guns "designed solely for defensive purposes." Subsection (3) set the penalty at a second-degree misdemeanor, punishable by up to 60 days in jail under § 775.082(4)(b) and a fine of up to $500 under § 775.083(1)(e).

That prohibition was broad on its face. "Any firearm" reached handguns, rifles, and shotguns, and "on or about his or her person" reached carry within ready reach under long-standing Florida case law. But the First DCA held in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), that this ban violates the Second Amendment under Bruen, and the Attorney General's September 15, 2025 guidance directs law enforcement not to enforce it. A person who openly carries a firearm today is not committing a § 790.053 offense. The historical detail below is preserved to explain how Florida arrived at the current rule.

HB 543 (2023) Did Not Itself Legalize Open Carry - McDaniels Did

The 2023 constitutional-carry bill - HB 543 - restructured § 790.01 and added § 790.013 to authorize permitless concealed carry by qualifying persons 21 or older who can lawfully possess a firearm. It deliberately did not amend § 790.053. The bill was titled and drafted as a concealed-carry bill, and open-carry advocates pushed unsuccessfully during the 2023 legislative session to include open carry. So immediately after HB 543, the framework was permitless concealed carry only, with § 790.053 still on the books barring open carry. That changed in 2025: the First DCA held § 790.053 unconstitutional in McDaniels, and open carry is now lawful for anyone who may lawfully carry a firearm.

The current Florida framework looks like this:

• A qualifying person 21 or older may carry concealed without a license under § 790.013 and § 790.01(1)(b). They must carry valid ID and produce it on demand under § 790.013(1).
• A holder of a Florida Concealed Weapon or Firearm License (CWFL) under § 790.06 may carry concealed under the same § 790.06 framework that existed before HB 543.
• Since McDaniels (September 2025), a person who may lawfully carry a firearm (generally 21 or older and not otherwise prohibited) may also carry openly, subject to the § 790.06(12) prohibited-places list, the § 790.10 improper-exhibition statute, and federal law.

Holding a Florida CWFL is not required for open carry. Open carry is lawful for any qualifying adult on the same eligibility terms as permitless concealed carry, whether or not the carrier holds a license.

The Self-Defense "Briefly and Openly Displays" Allowance

Fla. Stat. § 790.053(1) closes with a critical clause: "It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."

This clause mattered most under the former open-carry ban, when it was the principal in-public exception to § 790.053. It permits a person who is otherwise lawfully carrying concealed (whether under a CWFL or under permitless concealed carry through § 790.013) to draw or expose the firearm in necessary self-defense without committing a § 790.053 violation. The carve-out has three operative conditions:

1. Underlying lawful concealed carry. The display exception applies only "to a person who carries a concealed firearm as authorized in s. 790.01(1)." A person who is not lawfully concealed-carrying - for example, an under-21 carrier without a license, or a prohibited person under § 790.23 or 18 U.S.C. § 922(g) - gets no benefit from the display exception.
2. Brief and open display to ordinary sight. The exposure must be brief and open - that is, momentary and visible - not sustained. Walking down the sidewalk with a holstered handgun on the hip is not a "brief" display; it is open carry.
3. Necessary self-defense, not anger or threat. Display "in an angry or threatening manner, not in necessary self-defense" is not protected. The clause incorporates Florida's general use-of-force framework under § 776.012; the display must be reasonable in the circumstances and consistent with lawful threatened or actual force in defense of person.

This carve-out addresses momentary exposure during a lawful concealed carry, plus a defensive-display protection. With § 790.053 no longer enforceable after McDaniels, deliberate open carry by a qualifying adult is now lawful in its own right and no longer depends on this clause.

The § 790.25 "Lawful Uses" Carve-Outs

Fla. Stat. § 790.25(2) opens with the phrase "Notwithstanding ss. 790.01, 790.053, and 790.06," then lists categories of persons who may lawfully possess and use firearms. Under the former open-carry ban these categories functioned as narrow exceptions to § 790.053. They remain on the books and still matter for possession and carry in the listed activities (and for carriers who fall outside general carry eligibility), even though open carry by a qualifying adult is now broadly lawful after McDaniels. The most important for civilian carriers:

• § 790.25(3)(h) - "A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition." This is the practical authority for openly carrying a long gun in the field while hunting, or for openly carrying a firearm in camp. It also covers the transit leg - driving to or from the hunt or campsite.
• § 790.25(3)(j) - "A person discharging a weapon or firearm for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place." This covers open carry to and from a private range or other lawful target-practice location.
• § 790.25(3)(g) - Members of clubs organized for target, skeet, or trap shooting, or for firearms collecting, while "at or going to or from" club activities or shows.
• § 790.25(3)(n) - "A person possessing weapons or firearms at his or her home or place of business." Open carry on your own residential or business property is lawful under this provision and is not constrained by § 790.053.
• § 790.25(3)(l) - "A person traveling in a public conveyance when the weapon or firearm is securely encased and not in the person's manual possession." This is a transport rule, not an open-carry authorization.

Two cautions on the § 790.25 carve-outs.

First, the carve-outs are narrow and activity-specific. "Going to or from" must be direct and reasonably contemporaneous; a hunter who detours to a shopping center on the way home is not "returning from a hunting expedition" within the protection of § 790.25(3)(h). Under the former ban, Florida prosecutors charged § 790.053 violations where the activity link was attenuated. These carve-outs still define the reach of § 790.25 for possession purposes, but they are no longer the only path to lawful open carry.

Second, the § 790.25(3) lawful-uses provisions do not displace § 790.115 (school premises), § 776.041 (aggressor exception), or any of the location-specific firearm prohibitions in chapter 790.

"Securely Encased" and Vehicle Transport

Florida's vehicle-carry rule is built on the "securely encased" definition in Fla. Stat. § 790.001(15): "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access." Note that "snapped in a holster" itself is a form of "securely encased" under Florida law.

Read together with § 790.25(4) (private conveyance), the result is:

• A person 18 or older lawfully possessing a handgun may carry it inside a private conveyance if the handgun is securely encased or otherwise not readily accessible for immediate use, without a CWFL and without authorization under § 790.013, but the handgun may not be carried "on his or her person."
• "Securely encased" inside the vehicle does not count as "carrying" under § 790.001(17) and does not violate § 790.053. A snapped retention holster on the passenger seat, the glove box, or a zippered case satisfies § 790.001(15).
• A person authorized to carry concealed under § 790.01(1) - a CWFL holder or a qualifying permitless concealed carrier under § 790.013 - may carry concealed on the person while in a private conveyance under § 790.25(4)(b)(2).
• Long guns may be carried anywhere in a private conveyance for a lawful use under § 790.25(4)(b)(1). Since McDaniels, a long gun carried in plain view on the person outside the vehicle is lawful open carry for a qualifying adult, subject to the prohibited-places rules and the § 790.10 improper-exhibition statute.

This vehicle framework is a transport rule that governs how a firearm may be stowed and carried inside the vehicle; it is the practical path for carriers who are not eligible for general carry (for example, an 18-to-20-year-old). A securely encased firearm in the glove box is permissible for any qualifying carrier. A holstered handgun worn openly on the hip at a roadside fuel pump is lawful open carry for a qualifying adult after McDaniels.

Long Guns After McDaniels

Because McDaniels held § 790.053 unconstitutional, its former reach over "any firearm" - which had included long guns - no longer supports a charge. Openly carrying a rifle or shotgun in public is now lawful for a qualifying adult on the same terms as open carry of a handgun, subject to the prohibited-places rules, the § 790.10 improper-exhibition statute, and federal law. Under the former ban, an openly slung rifle on a public sidewalk in Tampa would have been a § 790.053 violation even though the same conduct was lawful in Texas, Arizona, or New Hampshire; that gap has now closed.

The § 790.25(3) lawful-use provisions - primarily hunting and going to or from a range, plus the home-and-business exception in § 790.25(3)(n) - remain on the books and continue to authorize possession and use in those activities, including for carriers who are not otherwise eligible for general carry.

Norman v. State, Bruen, and McDaniels

The Florida Supreme Court upheld § 790.053 against a Second Amendment and Article I § 8 challenge in Norman v. State, 215 So. 3d 18 (Fla. 2017). The court applied intermediate scrutiny and concluded that the open-carry ban left ample channels for the right to bear arms, principally through Florida's then-extant licensed concealed-carry framework. The court emphasized that the ban targeted a manner of carry, not the right to carry itself.

Norman predates the U.S. Supreme Court's decision in N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), which displaced means-end scrutiny in Second Amendment cases and substituted a "text, history, and tradition" analysis. Applying that framework, the First District Court of Appeal held in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), that § 790.053 is unconstitutional. On September 15, 2025, the Attorney General issued guidance directing law enforcement statewide not to enforce the open-carry ban. Because a First DCA decision striking a state statute is subject to mandatory Florida Supreme Court review, the state Supreme Court could still take up the question. Until it rules otherwise, open carry is the current law in Florida.

How Florida Compares to Other Open-Carry States

Since McDaniels, Florida joins the majority of states that allow open carry. The contrast that used to matter (Florida barred open carry while neighbors allowed it) has largely closed:

• Texas - A non-prohibited adult 21 or older may openly carry a holstered handgun in public without a license, and long-gun open carry by qualifying adults is unrestricted as to manner. Florida now also permits open carry by qualifying adults.
• Arizona - A non-prohibited adult 21 or older may openly carry a firearm without a license. Florida now permits the same.
• New Hampshire - Permitless open and concealed carry by qualifying adults. Florida now permits open carry as well.
• Pennsylvania - Open carry of a firearm is generally legal outside Philadelphia for any non-prohibited adult 18 or older. Florida permits open carry by qualifying adults 21 or older.

A Texas LTC or a Pennsylvania LTCF is recognized in Florida for a resident of the issuing state under § 790.015, and the carrier follows Florida's rules while here. Because open carry is now lawful in Florida for anyone who may lawfully carry, a recognized visitor is no longer confined to concealed carry. A Florida CWFL holder traveling to Texas or Pennsylvania carries under those states' laws while there.

Federal Overlay

Federal law layers additional prohibited places that no state rule can cure: federal facilities under 18 U.S.C. § 930; postal property including parking lots under 39 C.F.R. § 232.1; military installations; secure areas of airports; and the federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), which makes possession of a firearm within 1,000 feet of K-12 school property a federal felony unless the carrier holds a state license meeting § 922(q)(2)(B)(ii). A Florida CWFL qualifies; permitless concealed carry under § 790.013 does not, and open carry without a qualifying license does not either.

Federal disabilities under 18 U.S.C. § 922(g) cover convicted felons, persons subject to qualifying domestic-violence orders or convictions, unlawful drug users, persons adjudicated mentally defective, illegal aliens, fugitives, and other categories. A prohibited person under § 922(g) cannot lawfully possess a firearm, much less openly carry one.

Practical Penalty Table

Open carry is no longer a chargeable offense after McDaniels. The exposures that remain come from prohibited-places rules, improper exhibition, prohibited-person status, and federal law.

The point for students is that open carry itself is lawful, but exhibiting a firearm in a rude, careless, angry, or threatening manner remains a crime under § 790.10, a first-degree misdemeanor punishable by up to one year in jail under § 775.082 and a fine of up to $1,000 under § 775.083.

Common Questions

Is open carry legal in Florida? Yes, as of September 2025. HB 543 (2023) authorized only permitless concealed carry and did not amend § 790.053. But the First DCA held § 790.053 unconstitutional in McDaniels (Sept. 10, 2025), and the Attorney General's Sept. 15, 2025 guidance directs law enforcement not to enforce the ban. Open carry is now lawful for anyone who may lawfully carry a firearm, subject to prohibited places, § 790.10 improper exhibition, and federal law. A pending Florida Supreme Court review could change this.

Can a Florida CWFL holder openly carry a handgun? Yes. After McDaniels, open carry is lawful for any qualifying adult, whether or not they hold a CWFL. The CWFL remains a concealed-carry license, but open carry no longer requires one.

Can I openly carry a long gun in Florida? Yes. Long guns are firearms, and § 790.053 (which had reached them) is no longer enforceable after McDaniels. Open carry of a rifle or shotgun by a qualifying adult is lawful, subject to prohibited places, § 790.10 improper exhibition, and federal law.

What about open carry while hiking or camping? Open carry by a qualifying adult is now lawful generally, so a hiker no longer needs a § 790.25 activity to justify it. § 790.25(3)(h) still covers a person "engaged in fishing, camping, or lawful hunting or going to or returning from" such an expedition, which remains useful for carriers who are not otherwise eligible for general carry. Note that some parks and other locations have their own posting or prohibited-places rules.

Can I openly carry on my own property? Yes. § 790.25(3)(n) authorizes possession of firearms at the home or fixed place of business. Open carry on your own residential lot or inside your business is not a § 790.053 violation.

Can I draw my concealed handgun in self-defense? Yes, within limits. § 790.053(1) permits a person carrying lawfully concealed under § 790.01(1) to "briefly and openly display the firearm to the ordinary sight of another person" so long as it is not "in an angry or threatening manner, not in necessary self-defense." The display must be brief, occasioned by a genuine defensive need, and consistent with the use-of-force standards in chapter 776.

Does it matter whether an openly carried firearm is loaded? Not for open-carry legality. Open carry is lawful after McDaniels whether the firearm is loaded or unloaded. As always, the firearm may not be exhibited in a rude, careless, angry, or threatening manner under § 790.10, and the prohibited-places and federal rules still apply.

Can a city ban or expand open carry locally? No. Fla. Stat. § 790.33 broadly preempts local firearm regulation. Cities and counties may not add their own open-carry restrictions or re-impose the § 790.053 ban locally. The rule is statewide.

Key Statutes and Cases Reference

Ambiguities and Notes

• "On or about his or her person" in § 790.053(1) is not statutorily defined and follows Florida case-law construction reaching firearms within ready reach. The conservative reading, particularly in any borderline case (e.g., a holstered handgun resting on a vehicle dashboard during a gas-station stop), is that an officer and a prosecutor will treat the firearm as "on or about" the person.
• "Briefly and openly display" in § 790.053(1) is not defined by duration. Courts have applied a reasonableness standard tied to the defensive necessity. There is no safe-harbor count of seconds.
• § 790.25(3)(h) "going to or returning from" hunting/fishing/camping is fact-specific. A direct, contemporaneous trip is protected; a substantial detour breaks the link.
• Norman v. State, 215 So. 3d 18 (Fla. 2017), pre-dates N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). Applying Bruen, the First DCA held § 790.053 unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025). Open carry is the current rule, but the decision is subject to mandatory Florida Supreme Court review, which could change it.
• HB 543 (2023) did not amend § 790.053; permitless carry under HB 543 was concealed-only. Open carry became lawful separately, through the McDaniels decision in 2025, not through HB 543.
• The Florida Statutes excerpts cited here reflect the version current as of January 1, 2025, as scraped from FindLaw on May 8, 2026.

Source Information

• Fla. Stat. § 790.053, "Open carrying of weapons," current as of Jan. 1, 2025. Last scraped 2026-05-08.
• Fla. Stat. § 790.013, "Carrying of concealed weapons or concealed firearms without a license," current as of Jan. 1, 2025. Last scraped 2026-05-08.
• Fla. Stat. § 790.25, "Lawful ownership, possession, and use of firearms and other weapons," current as of Jan. 1, 2025. Last scraped 2026-05-08.
• Fla. Stat. § 790.001, "Definitions" (including "concealed firearm" and "securely encased"), current as of Jan. 1, 2025. Last scraped 2026-05-08.
• HB 543 (2023), as cited in legislative annotations to § 790.01 and § 790.013.
• Norman v. State, 215 So. 3d 18 (Fla. 2017), Florida Supreme Court decision upholding § 790.053 (pre-Bruen).
• McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), holding Fla. Stat. § 790.053 unconstitutional; Florida Attorney General guidance, Sept. 15, 2025, directing law enforcement not to enforce the open-carry ban.

Florida Concealed Carry FAQ

These FAQ answers summarize Florida concealed carry law for instructors and Concealed Weapon or Firearm License (CWFL) students. Each answer cites the operative provision of chapter 790 (firearms) or chapter 776 (justifiable use of force) and points to the deeper section of this guide for full statutory analysis. The Florida Department of Agriculture and Consumer Services (FDACS) Division of Licensing is the controlling administrative reference for licensing questions and publishes the official reciprocity list under § 790.06(7).

Constitutional Carry and the License

Q: Is Florida a constitutional carry state?

Yes, for concealed carry only. Effective July 1, 2023, when HB 543 (Ch. 2023-18, Laws of Fla.) took force, qualifying adults 21 and older may carry a concealed firearm without a CWFL. The operative statute is Fla. Stat. § 790.01(1)(b), which authorizes carry by a person who is not licensed under § 790.06 but otherwise satisfies the criteria for receiving and maintaining such a license. § 790.01(4) places the burden on the State to prove both that the defendant is unlicensed and ineligible. Permitless carry under HB 543 is concealed carry; HB 543 did not itself authorize open carry. Open carry became lawful separately in September 2025, when the First District Court of Appeal held the open-carry ban (§ 790.053) unconstitutional in McDaniels v. State. See CONSTITUTIONAL_CARRY and OPEN_CARRY.

Q: Do I still need a CWFL if Florida allows permitless carry?

No statutory requirement, but several practical reasons remain. A Florida CWFL is recognized in roughly three dozen other jurisdictions under § 790.06(7), while permitless carry under § 790.01(1)(b) does not travel. The CWFL operates as a federal NICS-alternative permit at the dealer counter under 18 U.S.C. § 922(t)(3), eliminating the background check on every handgun purchase. The CWFL is the only path to the federal Gun-Free School Zones Act exemption under 18 U.S.C. § 922(q)(2)(B)(ii) - the 1,000-foot zone around every K-12 school disappears for a CWFL holder but blankets every permitless carrier. The CWFL also unlocks the § 790.06(13) church carry rule. See PERMIT_BASICS.

Q: How old do I have to be to carry in Florida?

Twenty-one for both permitless concealed carry under § 790.01(1)(b) and the CWFL under § 790.06(2)(b). Florida does not open a military or active-duty under-21 door. Servicemembers and veterans receive expedited processing under FDACS rules, but the age floor is 21 across the board. Federal law continues to bar dealer purchases of handguns under 21 regardless of state CWFL status.

Q: Where do I apply for a Florida CWFL? What does it cost? How long does it take?

You apply with the Florida Department of Agriculture and Consumer Services. Florida is unusual in placing carry licensing inside an agriculture-and-consumer-services agency rather than the state police or attorney general - § 790.06(1)(b) vests issuing authority in FDACS. The application packet, fingerprint capture, and supporting documents flow through the FDACS Division of Licensing or an approved county tax collector. There is no county sheriff or municipal piece of the issuance decision.

The base statutory fee is capped at $55 for an original license and $45 for renewal under § 790.06(5)(b), plus separate fingerprint-processing costs. Active-duty law-enforcement officers and correctional officers are statutorily exempt from licensing requirements; retired officers receive a one-year fee and background-investigation exemption. FDACS has 90 days from receipt of a complete application to issue or deny under § 790.06(6)(c). A clean application often returns a license in three to six weeks. The license runs for seven years under § 790.06(1)(c). See APPLICATION_PROCESS and PERMIT_BASICS.

Q: Do I need to take a class for permitless carry?

No. Florida imposes no training requirement on permitless carriers under § 790.01(1)(b). Any non-prohibited adult 21 or older who otherwise satisfies the § 790.06(2) criteria may carry concealed without classroom hours, range time, or instructor certification. Training is mandatory only for the CWFL, where § 790.06(2)(h) requires demonstrated competence with a firearm including live fire. See TRAINING_REQUIREMENTS.

Where You Can and Cannot Carry

Q: Can I open carry in Florida?

Yes, as of September 2025. Fla. Stat. § 790.053 had made open carry a second-degree misdemeanor, but the First District Court of Appeal held that ban unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), and Attorney General Uthmeier's Sept. 15, 2025 guidance directs law enforcement not to enforce it. Open carry is now lawful for anyone who may lawfully carry a firearm (generally 21 or older and not otherwise prohibited). It remains subject to the § 790.06(12) prohibited-places list, § 790.115 school grounds, the § 790.10 improper-exhibition statute (do not display a firearm in a rude, careless, angry, or threatening manner), and federal law. HB 543 (2023) did not itself legalize open carry; McDaniels did. Because the decision is subject to mandatory Florida Supreme Court review, a later ruling could change this. See OPEN_CARRY.

Q: What is the "briefly and openly displays" rule?

It is the principal in-public exception to § 790.053. The closing sentence of § 790.053(1) states that it is not a violation for a person carrying lawfully concealed under § 790.01(1) to "briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense." That allows a CWFL holder or qualifying permitless carrier to draw or expose the handgun in a genuine defensive situation without converting the lawful concealed carry into a § 790.053 open-carry offense. The carve-out has three operative limits: the carrier must be lawfully carrying concealed, the display must be brief, and it must not be in an angry or threatening manner outside of necessary self-defense. The use itself remains governed by chapter 776. See USE_OF_FORCE.

Q: Where am I prohibited from carrying?

§ 790.06(12)(a) lists the locations where carry is prohibited, and by force of § 790.013(2) the same list applies to permitless carriers. The headline categories are any place of nuisance under § 823.05, police or sheriff's stations, jails and detention facilities, courthouses and courtrooms, polling places, government meetings of legislative or executive bodies, school or college athletic events not related to firearms, K-12 school administrative buildings, career centers, professional athletic events not related to firearms, college and university facilities, the bar portion of an establishment primarily licensed to dispense alcohol for on-premises consumption, airport passenger sterile areas, and any place prohibited by federal law. Federal law adds federal buildings under 18 U.S.C. § 930. K-12 carry is separately governed by § 790.115. See PROHIBITED_PLACES.

Q: Can I carry in a restaurant that serves alcohol?

It depends on the establishment's primary license. § 790.06(12)(a) prohibits carry in "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose." Florida draws the line at the bar portion of a mixed restaurant rather than the whole footprint. A typical sit-down restaurant where the dining room is primarily devoted to food service is generally lawful for carry - the dining floor is not "primarily devoted to" dispensing alcohol - but the bar area itself is off-limits. The standalone bar, nightclub, or tavern is off-limits in full. The independent rule is § 790.151, which makes it an offense to use a firearm while under the influence of alcoholic beverages or controlled substances to the extent that normal faculties are impaired. The bright-line rule to teach is straightforward: if you are carrying loaded, do not drink. See PROHIBITED_PLACES and UNDER_INFLUENCE.

Q: Can I carry in a school or on a college campus?

No for buildings on either, with limited exceptions. § 790.06(12)(a) bars carry on K-12 school administrative buildings and at school athletic events, and § 790.115 reaches all "school" property - defined to include any preschool, elementary, middle, or secondary school, career center, or postsecondary institution - for any carry. § 790.06(12)(a) separately bars carry inside any college or university facility. § 790.115(2)(a) creates a narrow vehicle-storage exception that lets a non-prohibited person keep a firearm "securely encased" in a private vehicle in a school or campus parking lot, cross-referenced to § 790.25(4) and waivable by school districts for student lots. Carry into any campus building is prohibited.

Q: Can I carry in church?

Yes, by default, with a CWFL. § 790.06(13) expressly authorizes a CWFL holder to carry on the property of a church, synagogue, or other religious institution unless the institution prohibits it - opt-out, not opt-in. § 790.06(13) is a license-holder carve-out; a permitless carrier under § 790.01(1)(b) does not get the same statutory authorization, although the absence of any blanket church prohibition usually produces the same result for a non-posted property. Property-owner exclusion through trespass remains available in either case.

Q: Can I carry in my car? What about long guns?

Yes, in two distinct ways. First, lawful concealed carry in a private conveyance is authorized for any qualifying carrier under § 790.01(1). Second, § 790.25(4)(a) authorizes any non-prohibited person, including someone without a CWFL, to keep a firearm "securely encased" or otherwise not readily accessible for immediate use in a private conveyance, without violating § 790.01 or § 790.053. "Securely encased" includes a glove compartment, a snapped retention holster, a zippered case, a gun case, or any closed container requiring a lid to open. The encased-in-vehicle rule is broader than the on-the-person carry rule: an 18-to-20-year-old who would be barred from carrying on the person can lawfully transport a securely encased handgun in the car.

Long guns travel under the same § 790.25(4)(a) rule. § 790.25(4)(b) clarifies that a long gun in a private conveyance may be transported anywhere for any lawful use. A long gun openly carried on the person outside the vehicle is lawful open carry for a qualifying adult after McDaniels struck § 790.053 in 2025, subject to prohibited places and § 790.10 improper exhibition. Federal interstate-transport protection under 18 U.S.C. § 926A applies when crossing state lines through restrictive jurisdictions, provided the firearm is unloaded and stored according to the statute. Florida's parking-lot statute, § 790.251, also prohibits an employer from banning employees with a CWFL from keeping a legal firearm locked in a private vehicle on the employer's lot. § 790.06(12)(c) preserves these protections. See VEHICLE_CARRY.

Stops, Self-Defense, and Conduct

Q: Do I have to tell the police I'm armed during a traffic stop?

No. Florida has no statutory duty to inform a peace officer that you are armed. Nothing in chapter 790 creates an affirmative duty to volunteer the existence of a handgun when an officer approaches. A permitless carrier under § 790.013(1) must carry valid identification and present it on demand, and a CWFL holder under § 790.06(1)(c) must carry both the license and valid ID and present them on demand - duties to identify, not to volunteer the firearm. The cleanest answer when an officer asks is a calm factual disclosure, hands visible, with no movement toward the firearm. Lying to a peace officer with intent to mislead remains a separate offense under § 837.06. See DUTY_TO_INFORM.

Q: When am I justified in using force in self-defense?

Florida's self-defense framework lives in chapter 776. § 776.012(1) governs non-deadly force - justified when the actor reasonably believes the conduct is necessary to defend against another's imminent use of unlawful force. § 776.012(2) governs deadly force - justified when the actor reasonably believes such force is necessary to prevent imminent death or great bodily harm, or to prevent the imminent commission of a forcible felony. The forcible-felony list is defined in § 776.08 and includes murder, sexual battery, carjacking, home-invasion robbery, robbery, burglary, kidnapping, aggravated assault, aggravated battery, and any other felony involving the use or threat of physical force or violence. Florida is a Stand Your Ground state under § 776.012(2): no duty to retreat anywhere a defender has a right to be, provided the defender is not engaged in criminal activity. See USE_OF_FORCE.

Q: What's the difference between Castle Doctrine and Stand Your Ground?

They are two distinct rules in chapter 776. Castle Doctrine, codified at § 776.013, creates a presumption that the defender's fear of imminent death or great bodily harm was reasonable when an intruder unlawfully and forcibly enters or attempts to enter the defender's dwelling, residence, or occupied vehicle, or attempts to remove someone from those places against that person's will. § 776.013(4) adds a separate presumption that runs against the intruder - a forceful entry is presumed to be made with intent to commit an unlawful act involving force or violence. Stand Your Ground, codified at § 776.012(2), eliminates any duty to retreat for a defender who is not engaged in criminal activity and is in a place where he or she has a right to be. The presumption is an evidentiary thumb on the scale for home-defense cases; Stand Your Ground is a substantive duty-allocation rule that operates everywhere. A defender can have one without the other. See CASTLE_DOCTRINE.

Q: What is Florida pretrial immunity?

Florida provides a true pretrial bar to prosecution and civil suit for justified self-defense. § 776.032(1) states that a person who uses or threatens to use force as permitted by § 776.012, § 776.013, or § 776.031 is immune from criminal prosecution and civil action. Immunity is asserted at a pretrial Bretherick hearing under § 776.032(4) - and after the 2017 amendment, the State bears the burden of overcoming immunity by clear and convincing evidence. § 776.032(3) adds fee-shifting: a defendant who prevails at the immunity hearing recovers reasonable attorney fees, court costs, lost income, and expenses incurred in defense. See Bretherick v. State, 170 So. 3d 766 (Fla. 2015).

Q: Can I drink alcohol while carrying?

Florida does not have a single per-se "carrying while intoxicated" statute. § 790.151 makes it a misdemeanor to use a firearm while under the influence of alcoholic beverages, controlled substances, or chemical substances to the extent that normal faculties are impaired. § 790.157 allows a peace officer to seize and hold a firearm temporarily from an apparently impaired carrier. § 790.06(2)(e) and § 790.06(2)(f) layer in CWFL eligibility consequences for substance-abuse commitments and DUI-pattern conduct. If you are carrying loaded, do not drink. Federal law at 18 U.S.C. § 922(g)(3) adds a separate prohibition on firearm possession by any unlawful user of a controlled substance. See UNDER_INFLUENCE.

Restrictions and Reciprocity

Q: How does Florida reciprocity work?

FDACS administers Florida reciprocity under § 790.06(7). Florida honors out-of-state licenses by formal agreement, and the Florida CWFL is honored in roughly three dozen jurisdictions. A non-resident in Florida who is 21 or older and not a prohibited person who otherwise meets the § 790.06(2) criteria is also covered by § 790.01(1)(b) constitutional carry on Florida soil regardless of reciprocity status - Florida's permitless carry door swings open for anyone qualifying for a Florida CWFL, not just Florida residents. Permitless carry does not travel out of Florida. Pull the current FDACS reciprocity list within 30 days of any out-of-state trip.

Q: Can I carry NFA items (SBR, suppressor) in Florida?

Yes, with proper federal NFA registration. Florida does not have a state-level prohibition that singles out NFA items for ban. Chapter 790 defines "machine gun" at § 790.001(13) and "short-barreled rifle" and "short-barreled shotgun" at § 790.001(16) and § 790.001(17), and incorporates federal compliance through the general firearm definitions. A Form 1 or Form 4 short-barreled rifle, short-barreled shotgun, or suppressor is lawful in Florida with the federal tax stamp in hand. Civilian-transferable machine guns are limited by federal law to those lawfully registered before May 19, 1986. Unregistered NFA items are a federal felony under 26 U.S.C. ch. 53. See RESTRICTIONS.

Q: What's the magazine capacity limit in Florida?

There is no Florida magazine capacity limit. Chapter 790 does not regulate magazine capacity for handguns or rifles, and § 790.33 broadly preempts any city or county from imposing one. A standard-capacity or extended magazine is lawful in Florida regardless of round count. Federal law similarly imposes no general magazine capacity limit. See PREEMPTION.

Q: Does Florida have a red flag law?

Yes. Florida enacted § 790.401 - the Risk Protection Order statute - in March 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act after the Parkland shooting. Florida's RPO is petitioner-restricted: only a law-enforcement officer or agency may petition under § 790.401(2)(a). The statute provides for an ex parte temporary RPO valid up to 14 days and a final RPO valid up to 12 months after notice and hearing, with a clear-and-convincing-evidence standard at the final hearing. A respondent under an RPO is barred from possessing firearms and ammunition for the duration of the order and must surrender all firearms and ammunition. See RED_FLAG.

Q: Can a city or county pass its own gun law?

No. § 790.33 is among the strongest firearm-preemption statutes in the country. The Legislature declares it "occupies the whole field" of firearm and ammunition regulation, expressly nullifies any existing or future county, city, town, or municipal ordinance, and imposes severe personal-liability penalties on local officials who knowingly violate preemption - civil fines up to $5,000, mandatory attorney-fee awards, and removal from office by the Governor. A local ordinance that purports to regulate the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, or transportation of firearms or ammunition does not survive. See PREEMPTION.

Q: What happens if my CWFL application is denied?

FDACS must notify you in writing and state the ground for denial under § 790.06(6)(c). A denial may rest only on failure to qualify under the § 790.06(2) or § 790.06(3) criteria - there is no "good cause" or character-witness review, and FDACS has no rulemaking authority to add eligibility requirements beyond the statute. You may request a chapter 120 administrative hearing within 21 days of the denial notice, with final agency action reviewable in the District Court of Appeal. If the denial rests on a stale arrest record, the right path is often to clear the record and reapply rather than litigate.

Q: Where do I find the official Florida firearm law in writing?

The Florida Statutes are published online by the Florida Legislature. Chapter 790 (Weapons and Firearms) is the operative chapter for licensing, possession, transfer, and carrying. Chapter 776 (Justifiable Use of Force) governs self-defense. The Florida Department of Agriculture and Consumer Services Division of Licensing hosts the application form, the competence-documentation requirements, and the approved tax-collector list. FDACS publishes the official reciprocity list under § 790.06(7). For close calls, read the statute itself - the operative text of § 790.01, § 790.06, § 790.013, § 790.053, and chapter 776 controls.

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Federal context

Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV) - any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person - triggers a federal lifetime firearm-possession bar that is independent of state law. The federal bar applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. The 2024 U.S. Supreme Court decision in United States v. Rahimi reaffirmed that federal firearm disabilities tied to domestic-violence findings remain constitutional under the Second Amendment.

Florida Concealed Carry Laws Overview

Florida is a constitutional-carry state for concealed carry. As of July 1, 2023, qualifying adults 21 and older may carry concealed firearms without a permit under Fla. Stat. § 790.013, enacted via HB 543 (2023 Reg. Sess.) and signed by Governor DeSantis on April 3, 2023. Open carry became lawful in September 2025, when the First District Court of Appeal held Fla. Stat. § 790.053 unconstitutional in McDaniels v. State and the Attorney General directed law enforcement not to enforce the ban. The Concealed Weapon or Firearm License (CWFL), issued by the Florida Department of Agriculture and Consumer Services (FDACS) under Fla. Stat. § 790.06, remains valuable for reciprocity, NICS exemption at the dealer counter, and access to LTC-only carve-outs. Florida has Stand Your Ground (§ 776.012(2)), a strong Castle Doctrine with a presumption of reasonable fear (§ 776.013(2)), and pretrial immunity from criminal prosecution and civil action when the use or threatened use of force was justified (§ 776.032).

If you are a Florida adult who can pass a federal background check:

• Carry without a permit: lawful for handguns at age 21+ under Fla. Stat. § 790.01(1)(b) and § 790.013, in the same places where a CWFL holder may carry concealed.
• Carry with a permit: also lawful, with reciprocity benefits, NICS-exemption purchasing, and structured eligibility under Fla. Stat. § 790.06.
• Open carry: lawful for qualifying adults (generally 21+ and not otherwise prohibited) since the September 2025 McDaniels decision struck Fla. Stat. § 790.053. It remains subject to the § 790.06(12) prohibited-places list, § 790.115 school grounds, the § 790.10 improper-exhibition statute, and federal law. The § 790.25 lawful-use provisions and the § 790.053(1) brief-display clause remain on the books.
• Vehicle carry: lawful for a non-prohibited adult 18+ if the handgun is securely encased or otherwise not readily accessible for immediate use, under Fla. Stat. § 790.25(4); a person authorized to carry concealed under § 790.01(1) may carry concealed on the person inside a private conveyance under § 790.25(4)(b)(2).

Deep dives live in PERMIT BASICS, APPLICATION PROCESS, TRAINING REQUIREMENTS, PROHIBITED PLACES, VEHICLE CARRY, USE OF FORCE, CASTLE DOCTRINE, RECIPROCITY, and PREEMPTION.

Constitutional Carry: Who Qualifies and What It Covers

HB 543 (2023) rewrote Fla. Stat. § 790.01 and added § 790.013. Under § 790.01(1), a person is authorized to carry a concealed weapon or concealed firearm if the person either is licensed under § 790.06 (subsection (1)(a)) or is not licensed but otherwise satisfies the criteria for receiving and maintaining a CWFL under § 790.06(2)(a)-(f) and (i)-(n), § 790.06(3), and § 790.06(10) (subsection (1)(b)). The substantive eligibility criteria are the same for permitless carry as for the CWFL: U.S. citizenship or permanent residency; age 21 or older; not a prohibited person under § 790.23; no recent controlled-substance or chronic-alcohol disabilities; not adjudicated incapacitated or committed to a mental institution; no withheld adjudication on a felony or domestic-violence misdemeanor within three years; no domestic-violence injunction in force; and not otherwise prohibited by Florida or federal law.

Under § 790.01(2) and (3), a person who does not meet the § 790.01(1) criteria and carries a concealed weapon (other than a firearm) commits a first-degree misdemeanor; the same conduct with a concealed firearm is a third-degree felony. § 790.01(4) places the burden on the state to prove both that the defendant was unlicensed and ineligible. § 790.01(5) carves out evacuation during a declared emergency (within 48 hours of a mandatory order) and concealed self-defense chemical sprays and nonlethal stun guns.

Section 790.013 adds a carry-ID rule for permitless carriers: a person carrying concealed without a license must carry valid identification at all times in actual possession of a concealed weapon or concealed firearm and must display it on demand by a law enforcement officer. A violation is a noncriminal violation punishable by a $25 fine. The same person remains subject to the § 790.06(12) prohibited-places list on the same terms as a license holder. Constitutional carry travels the same prohibited-places map and does not by itself unlock interstate reciprocity.

What the Florida CWFL Still Buys You

HB 543 did not eliminate the CWFL. The license is the affirmative authority where § 790.013 alone is not enough. A Florida CWFL operates as a NICS-alternative permit for Florida residents at the dealer counter and travels through reciprocity to roughly three dozen jurisdictions; permitless carry under § 790.013 does not travel. The CWFL also unlocks two privileges inside Florida that permitless carriers do not get. § 790.06(13) authorizes a CWFL holder to carry on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution, subject to the institution's right to control its own property. § 790.115(2)(e) reduces a violation of the school-property prohibition by an authorized concealed carrier under § 790.01(1) from a third-degree felony to a second-degree misdemeanor. For an instructor selling CWFL training in a constitutional-carry environment, the case for the license is reciprocity, NICS exemption, religious-property carry, and the reduced school-grounds penalty.

CWFL Eligibility (§ 790.06(2))

Under Fla. Stat. § 790.06(2), FDACS shall issue a license if the applicant is a U.S. citizen or permanent resident alien (or qualifying consular security official); is 21 or older; can safely handle a firearm; is not a felon or otherwise ineligible under § 790.23; has no chapter 893 controlled-substance conviction within three years and no chapter 397 commitment; does not chronically and habitually use alcohol (with statutory presumptions for habitual offenders under § 856.011(3) and for two or more § 316.193 DUI convictions in three years); demonstrates competence under § 790.06(2)(h); has not been adjudicated incapacitated under § 744.331 or committed to a mental institution under chapter 394; has not had adjudication of guilt withheld on any felony or any domestic-violence misdemeanor unless three years have elapsed; is not subject to a current domestic-violence or repeat-violence injunction; and is not otherwise prohibited. § 790.06(3) requires denial for any misdemeanor crime of violence within three years and revocation on the same triggers.

The § 790.06(2)(h) competency demonstration is satisfied by a hunter-education course approved by the Fish and Wildlife Conservation Commission; an NRA firearms safety or training course; any firearms course taught by an NRA-, CJSTC-, or FDACS-certified instructor; a law-enforcement firearms course; equivalent experience through organized shooting competition or military service; current or prior CWFL licensure not revoked for cause; or any course by a state-certified or NRA-certified instructor. An instructor relying on the NRA, instructor-school, or state-certified pathway must keep records certifying live-fire observation. There is no minimum hour requirement in the statute.

How the Application Works (§ 790.06(4)-(6))

The application packet under Fla. Stat. § 790.06(4) and (5) must be completed under oath on the FDACS form and submitted to FDACS or an approved tax collector under § 790.0625. The license fee under § 790.06(5)(b) is up to $55 for a new license and up to $45 for renewal, plus fingerprint-processing costs borne by the applicant. Active law enforcement, correctional, and correctional-probation officers under § 943.10(1)-(3) and (6)-(9) are exempt from the licensing requirement entirely and may obtain the CWFL without a background fee; retired officers carry the same exemption for one year after retirement. The packet must include a full set of fingerprints, a 30-day color photograph, and the § 790.06(2)(h) training documentation.

Under § 790.06(6)(c), FDACS must issue or deny within 90 days of receipt of the application packet, with suspension of the clock for unresolved criminal-history hits. A denial must state the ground in writing and inform the applicant of any right to a chapter 120 hearing. The license is valid throughout the state for 7 years under § 790.06(1)(c).

Open Carry, Long Guns, Vehicle Carry

Open carry of a firearm in Florida is lawful for a qualifying adult as of September 2025. Fla. Stat. § 790.053 had made open carry a second-degree misdemeanor, but the First District Court of Appeal held that ban unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), and the Attorney General's Sept. 15, 2025 guidance directs law enforcement not to enforce it. Open carry now stands on the same eligibility footing as permitless concealed carry (generally 21 or older and not otherwise prohibited), and it remains subject to the § 790.06(12) prohibited-places list, § 790.115 school grounds, the § 790.10 improper-exhibition statute, and federal law. Because the decision is subject to mandatory Florida Supreme Court review, a later ruling could change this.

Two related rules remain on the books. The § 790.053(1) brief-display clause - a person carrying concealed under § 790.01(1) does not violate § 790.053 by briefly and openly displaying the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner not in necessary self-defense - mattered chiefly under the former ban. And § 790.25(2) catalogs lawful uses operating notwithstanding §§ 790.01, 790.053, and 790.06: armed-forces members on duty or training; state and federal peace officers; guards or messengers of common carriers and financial institutions on duty; members of target, skeet, or trap shooting clubs en route to or from practice; persons engaged in fishing, camping, or lawful hunting or going to or returning from such an expedition (paragraph (h)); firearms-business agents on lawful business; persons discharging a firearm for testing or target practice in a safe place or at an indoor range, or going to or from one; a person traveling in a public conveyance with the firearm securely encased and not in manual possession; a person carrying an unloaded handgun in a secure wrapper between place of purchase, home, place of business, or repair; and a person possessing a firearm at home or place of business. These provisions still authorize possession and use in the listed activities, including for carriers who are not otherwise eligible for general carry.

Long guns are not separately regulated by § 790.01 or § 790.013. Open carry of a long gun by a qualifying adult is now lawful on the same terms as open carry of a handgun. § 790.10 (improper exhibition) still makes it a first-degree misdemeanor to exhibit any firearm "in a rude, careless, angry, or threatening manner, not in necessary self-defense" in the presence of others.

Vehicle carry is governed by § 790.25(4). A person 18 or older in lawful possession of a handgun may possess it within a private conveyance if it is securely encased or otherwise not readily accessible for immediate use; a person carrying under that paragraph may not carry on the person. § 790.25(4)(b) preserves two parallel rights: a legal long gun may be carried anywhere in a private conveyance for a lawful use, and a person authorized to carry concealed under § 790.01(1) may carry concealed on the person inside a private conveyance. § 790.25(4)(c) directs courts to construe the rule liberally in favor of lawful use and self-defense.

Self-Defense Framework (§§ 776.012, 776.013, 776.031, 776.032)

Florida codifies Stand Your Ground, the Castle Doctrine, defense of property, and pretrial immunity in chapter 776 of the Florida Statutes.

§ 776.012. Use of Force in Defense of Person

Under § 776.012(1), a person is justified in using or threatening non-deadly force when and to the extent the person reasonably believes the conduct is necessary to defend against another's imminent use of unlawful force, with no duty to retreat. § 776.012(2) is the deadly-force Stand Your Ground provision: a person is justified in using or threatening deadly force if he or she reasonably believes such force is necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony. The actor has no duty to retreat and has the right to stand his or her ground if not engaged in a criminal activity and in a place where he or she has a right to be. The two operative limits are simple: lawful presence, and no criminal activity at the time. A person carrying concealed in violation of § 790.01 is engaged in criminal activity and forfeits the § 776.012(2) Stand Your Ground floor.

§ 776.013. Home Protection and the Castle Doctrine Presumption

Under § 776.013(1), a person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten non-deadly or deadly force on the same reasonable-belief standards as § 776.012. § 776.013(2) creates the Castle Doctrine presumption: a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using or threatening defensive force intended or likely to cause death or great bodily harm if (a) the person against whom force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) the person using force knew or had reason to believe that the unlawful and forcible entry or act was occurring or had occurred. The Florida presumption runs broader than the typical home-only formulation: it covers dwelling, residence, and occupied vehicle.

§ 776.013(3) excludes the presumption when the person against whom force was used has the right to be in or is a lawful resident of the location (subject to a domestic-violence-injunction or no-contact-order exception); when the person sought to be removed is a child, grandchild, or other lawful ward of the person against whom force was used; when the person using force is engaged in criminal activity or is using the location to further criminal activity; or when the person against whom force was used is an identified law enforcement officer in the performance of official duties. § 776.013(4) adds an intent presumption: a person who unlawfully and by force enters another's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. § 776.013(5) defines "dwelling" to include any roofed building or conveyance designed for nighttime occupancy, including a tent.

Defense of Property, Pretrial Immunity

§ 776.031 authorizes non-deadly force to terminate trespass or unlawful interference with real or personal property, and deadly force to prevent the imminent commission of a forcible felony, with the same no-duty-to-retreat rule.

§ 776.032 is Florida's pretrial-immunity statute and the procedural backbone of the Stand Your Ground framework. § 776.032(1) provides that a person who uses or threatens to use force as permitted in § 776.012, § 776.013, or § 776.031 is justified and is immune from criminal prosecution and civil action; "criminal prosecution" expressly includes arresting, detaining in custody, and charging or prosecuting. The only carve-out is for force used against a clearly identified law enforcement officer. § 776.032(2) bars a law enforcement agency from arresting a person for force described in subsection (1) unless the agency determines probable cause that the force was unlawful. § 776.032(3) requires a court to award reasonable attorney's fees, court costs, lost income, and all defense expenses to a defendant who successfully establishes immunity in a civil action. § 776.032(4) is the procedural mechanism: once a prima facie claim of self-defense immunity is raised at a pretrial immunity hearing, the burden of proof by clear and convincing evidence shifts to the party seeking to overcome the immunity. The pretrial immunity hearing is the procedural feature that distinguishes Florida from most other Stand Your Ground states.

Federal Law Sits On Top

Federal restrictions apply in Florida regardless of state authority. 18 U.S.C. § 922(g) prohibits felons, persons subject to qualifying domestic-violence protective orders, persons with misdemeanor crime of domestic violence convictions, unlawful drug users, persons committed to mental institutions, and others from possessing firearms in or affecting interstate commerce; Florida § 790.23 incorporates many of these and adds a state-felon prohibition. 18 U.S.C. § 930 criminalizes possession of a firearm in a federal facility regardless of CWFL status. 18 U.S.C. § 922(q) (the Gun-Free School Zones Act) restricts possession within 1,000 feet of a school, with a license-holder exception inside the licensing state; Florida § 790.115 sits on top and applies to anyone, with the § 790.115(2)(e) reduced penalty for authorized § 790.01(1) carriers and a § 790.25(4) parking-vehicle exception. 18 U.S.C. § 926A protects interstate transport of an unloaded firearm. 18 U.S.C. § 926C (LEOSA) authorizes carry by qualified active and retired law-enforcement officers. Under the National Firearms Act (26 U.S.C. § 5801 et seq.), suppressors, short-barreled rifles and shotguns, machine guns, destructive devices, and "any other weapons" require federal registration in the NFRTR; Florida's CWFL definition in § 790.06(1)(a) excludes machine guns as defined in § 790.001.

Prohibited Places, Briefly

Fla. Stat. § 790.06(12)(a) lists 15 categories of places where neither open carry nor concealed carry is authorized under the CWFL: places of nuisance under § 823.05; police, sheriff, and highway patrol stations; detention facilities, prisons, and jails; courthouses and courtrooms; polling places; meetings of the governing body of a county, school district, municipality, or special district; legislative meetings and committees; school, college, or professional athletic events not related to firearms; elementary or secondary school facilities; career centers; portions of establishments primarily devoted to on-premises alcohol consumption; college or university facilities (narrow stun-gun exception); airport passenger terminals (with a baggage-check exception); and any place federal law prohibits carry. § 790.06(12)(b) preserves the right to carry or store a firearm in a vehicle for lawful purposes; § 790.06(12)(d) makes a knowing and willful violation a second-degree misdemeanor. § 790.115 separately criminalizes possession on school property and within 1,000 feet of a school during school hours, with the license-holder penalty reduction described above.

Risk Protection Orders (§ 790.401)

Florida enacted its red-flag law as part of the Marjory Stoneman Douglas High School Public Safety Act in 2018. Fla. Stat. § 790.401 creates the Risk Protection Order (RPO) cause of action. Only a law enforcement officer or law enforcement agency may petition; private petitioners are not authorized. The petition must allege that the respondent poses a significant danger of causing personal injury by having or acquiring a firearm or ammunition, supported by a sworn affidavit. § 790.401(3) requires a hearing within 14 days; the burden at the final-order hearing is clear and convincing evidence, and the order may run for up to 12 months. § 790.401(4) authorizes a temporary ex parte order on a reasonable-cause finding. § 790.401(7) requires the respondent to surrender all firearms and ammunition, and any CWFL, to the local law enforcement agency on issuance. § 790.401(11)(b) makes possession in violation of an RPO a third-degree felony. The mechanics, statistics, and litigation history of RPOs live in RED FLAG.

State Preemption (§ 790.33)

Fla. Stat. § 790.33 is among the strongest firearms-preemption statutes in the country. § 790.33(1) declares that the Legislature occupies the whole field of regulation of firearms and ammunition, including purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation, to the exclusion of all county, city, town, or municipal ordinances and any administrative regulations or rules, and declares any such existing local rules null and void. § 790.33(3) layers civil consequences. A court that finds a violation must declare the offending rule invalid and issue a permanent injunction. If the violation was knowing and willful, the court must assess a civil fine of up to $5,000 against the elected or appointed local official under whose jurisdiction the violation occurred, public funds may not be used to defend or reimburse the official, and the official may be removed from office by the Governor. § 790.33(3)(f) provides a private right of action for damages up to $100,000, plus reasonable attorney's fees and costs, to a person or organization adversely affected by a preempted local rule. § 790.33(4) preserves narrow exceptions for ordinary zoning of firearms businesses, law-enforcement regulations governing duty firearms, employer regulation of employees' duty firearms (subject to § 790.251), and Fish and Wildlife Conservation Commission regulations on taking wildlife and commission-managed shooting ranges. The full preemption analysis under the Joe Carlucci Uniform Firearms Act lives in PREEMPTION.

Numbers a Student Asks About

• Constitutional carry trigger: July 1, 2023 (HB 543, 2023 Reg. Sess.), codified at § 790.013 and § 790.01(1)(b).
• Permitless and CWFL minimum age: 21 under § 790.06(2)(b).
• CWFL fee: up to $55 new, up to $45 renewal under § 790.06(5)(b).
• CWFL term: 7 years under § 790.06(1)(c).
• FDACS decision deadline: 90 days under § 790.06(6)(c).
• Issuing authority: FDACS under § 790.06(1)(b), not a sheriff or municipal police department.
• Open carry: lawful for qualifying adults since McDaniels (Sept. 2025) struck § 790.053; subject to prohibited places, § 790.10 improper exhibition, and federal law.
• Stand Your Ground: § 776.012(2) and § 776.013(1).
• Castle Doctrine presumption: § 776.013(2), covering dwelling, residence, and occupied vehicle.
• Pretrial immunity: § 776.032; clear-and-convincing burden on the state at the pretrial hearing under § 776.032(4).
• Carry-ID requirement: § 790.06(1)(c) for license holders and § 790.013(1) for permitless carriers; $25 noncriminal fine.
• Religious-property carry: § 790.06(13), CWFL holders only.
• Red flag: § 790.401, law-enforcement-only petitioner, clear-and-convincing burden, up to 12-month order.
• Preemption: § 790.33, $5,000 civil fine per knowing and willful violation, up to $100,000 in damages on a private right of action plus fees.

Florida Concealed Weapon or Firearm License (CWFL) Permit Basics

Bottom Line

Florida's Concealed Weapon or Firearm License (CWFL) is issued by the Florida Department of Agriculture and Consumer Services (FDACS) under Fla. Stat. § 790.06 - an unusual arrangement among the states, most of which run carry licensing through a sheriff, state police agency, or attorney general's office. Under § 790.06(5)(b), the application fee is capped at $55 for an original license and $45 for a renewal, plus the cost of fingerprint processing borne by the applicant. The license is valid statewide for 7 years from the date of issuance under § 790.06(1)(c) - there is no separate shorter "initial" term in the statute. FDACS must issue or deny within 90 days under § 790.06(6)(c). Florida adopted permitless concealed carry effective July 1, 2023 (HB 543, codified at § 790.01(1)(b) and § 790.013), so a CWFL is no longer required to carry concealed in Florida - but the license retains real value: NICS-exempt purchases under 18 U.S.C. § 922(t)(3), reciprocity with roughly three dozen other states under § 790.06(7) and gubernatorial agreements, and access to several § 790.06(13) and chapter-790 carve-outs not available to a permitless carrier. Eligibility runs through a 14-element test in § 790.06(2) that includes a lifetime felony bar under § 790.23, a 3-year lookback for certain controlled-substance and domestic-violence offenses, and a demonstrated-competence-with-a-firearm requirement under § 790.06(2)(h).

Issuing Authority: Why a Department of Agriculture?

Under Fla. Stat. § 790.06(1)(b), "The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section." This places Florida among a small group of states where the firearms-license function does not sit inside a sheriff's office, a state police bureau, or the Attorney General. The historical reason is institutional: when Florida moved from a discretionary, county-by-county licensing system to a statewide shall-issue framework in chapter 87-24, Laws of Florida (the "Jack Hagler Self Defense Act," § 790.06(18)), the Legislature placed the program inside FDACS's Division of Licensing, which already administered private-investigator, private-security, and other state professional licenses. § 790.06(14) dedicates all license revenue to a Division of Licensing Trust Fund deferred over the 7-year licensure period.

§ 790.06(16) declares an explicit preemption of the field: "the Legislature finds it necessary to occupy the field of regulation of the bearing of concealed weapons or concealed firearms," and "subjective or arbitrary actions or rules which encumber the issuing process ... or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited." There is no county-level filter on issuance, and FDACS has no rulemaking authority to add eligibility criteria. § 790.0625 authorizes county tax collectors to accept CWFL applications on FDACS's behalf - a procedural delegation only; the tax-collector mechanics are covered in APPLICATION_PROCESS.

Florida is shall-issue by statutory design. § 790.06(2) opens "The Department of Agriculture and Consumer Services shall issue a license if the applicant" meets the listed criteria. § 790.06(6)(c)2 confirms FDACS may deny "based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3)." There is no good-cause showing, no character-witness affidavit requirement, and no county-level discretion.

Eligibility: The 14-Element Test in § 790.06(2)

To receive a CWFL, the applicant must satisfy all fourteen of the following criteria. The list is conjunctive - failing any one is disqualifying.

• § 790.06(2)(a) - U.S. residency and immigration status. The applicant must be a U.S. resident and a U.S. citizen or a permanent resident alien (as determined by the U.S. Bureau of Citizenship and Immigration Services), or a consular security official of a foreign government with which the U.S. maintains diplomatic relations and treaties of commerce, friendship, and navigation, who is certified as such by the foreign government and the relevant embassy. Consular-security-official licenses run on a separate fee and renewal track described below.
• § 790.06(2)(b) - Age 21 or older. The age floor is 21 with no military or under-21 carve-out in chapter 790. Some other states drop the threshold to 18 for active-duty or honorably-discharged service members; Florida does not, and § 790.06 contains no equivalent provision. Servicemembers and veterans receive expedited processing under § 790.06(5)(f) and § 790.06(6)(f), and a special license-extension protection under § 790.06(11)(b) while on military orders more than 35 miles from residence - but not a reduced age floor.
• § 790.06(2)(c) - No physical infirmity that prevents safe handling. A physical infirmity that prevents the safe handling of a weapon or firearm is a disqualifier at issuance and a basis for revocation under § 790.06(10)(b). The statute does not define "physical infirmity"; in practice, FDACS evaluates self-disclosed and instructor-observed limitations.
• § 790.06(2)(d) - Felony eligibility under § 790.23. The applicant must not be ineligible to possess a firearm under § 790.23 by virtue of a felony conviction. Florida's felony-firearm-disability rule under § 790.23 is a lifetime bar unless rights are restored, generally through the Governor's clemency process. § 790.06 contains no free-standing time-limited path back to eligibility for felony convictions - no 3-year, 5-year, or 10-year clock applies.
• § 790.06(2)(e) - 3-year controlled-substance lookback and substance-abuse commitment. The applicant must not, within the three years preceding the application, have been found guilty of a chapter-893 offense or similar controlled-substance offense under another state's laws, and must not have been committed for substance abuse under chapter 397, former chapter 396, or similar laws of another state. Where the applicant has been granted relief from firearms disabilities under § 790.065(2)(a)4.d. or under the law of the commitment state, the applicant is deemed not to have been committed.
• § 790.06(2)(f) - No chronic alcohol or substance impairment. The statute creates a presumption of chronic and habitual use if (1) the applicant has been convicted under § 790.151 (firearm while under the influence), (2) the applicant has been deemed a habitual offender under § 856.011(3), or (3) the applicant has two or more convictions under § 316.193 (DUI) - or similar laws of another state - within the three-year period preceding the application.
• § 790.06(2)(g) - Self-defense purpose. The applicant must "desire a legal means to carry ... for lawful self-defense" - a sworn statement on the application form (§ 790.06(4)(e)), not an evidentiary showing.
• § 790.06(2)(h) - Demonstrated competence with a firearm. Competence is shown through one of seven enumerated paths (NRA course, hunter-safety course, course taught by an NRA-, CJSTC-, or FDACS-certified instructor, law-enforcement firearms course, organized-shooting-competition or military-service experience, an existing or revoked-not-for-cause Florida CWFL, or any course taught by a state-certified or NRA-certified firearms instructor). The statute requires the discharge of the firearm at the qualifying course to include live fire using a firearm and ammunition as defined in § 790.001 - a 2017 amendment closing the prior loophole for laser- or simulator-only courses. Detail in TRAINING_REQUIREMENTS.
• § 790.06(2)(i) - No incapacity adjudication under § 744.331. Relief from disabilities under § 790.065(2)(a)4.d. or under the law of the adjudicating state is treated as if no adjudication had occurred.
• § 790.06(2)(j) - No mental-institution commitment under chapter 394. Unlike the controlled-substance lookback in § 790.06(2)(e), the mental-commitment paragraph is not time-limited - it is a categorical bar subject only to the § 790.065(2)(a)4.d. relief pathway. Any "3-year mental-health lookback" you may have read in third-party guides does not appear in § 790.06.
• § 790.06(2)(k) - Felony adjudication-of-guilt-withheld 3-year wait. The applicant must not have had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or other court-imposed conditions have been fulfilled, or expunction has occurred.
• § 790.06(2)(l) - Misdemeanor domestic-violence 3-year wait. Same 3-year-after-probation rule for any misdemeanor crime of domestic violence with adjudication of guilt withheld. The independent federal bar under 18 U.S.C. § 922(g)(9) applies separately and is folded in by § 790.06(2)(n).
• § 790.06(2)(m) - No active domestic-violence or repeat-violence injunction. An active chapter-741 or chapter-784 injunction is disqualifying and is an independent suspension trigger under § 790.06(3).
• § 790.06(2)(n) - Federal-law catch-all. Sweeps in the entire 18 U.S.C. § 922(g) prohibitor list (felony conviction, fugitive status, controlled-substance use, mental-defective adjudication or commitment, undocumented status, dishonorable discharge, renunciation of citizenship, qualifying DV misdemeanor, active protection order, felony indictment) and applies even where no Florida-specific paragraph alone would disqualify the applicant.

Crime-of-violence misdemeanor bar (§ 790.06(3))

§ 790.06(3) layers in a separate disqualifier outside the (2) list. FDACS shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other court-imposed conditions have been fulfilled or the record has been sealed or expunged. The same provision shall revoke a license if the licensee is convicted of, has adjudication of guilt withheld for, or has imposition of sentence suspended for a crime of violence within the preceding 3 years.

§ 790.06(3) also operates as a suspension trigger: on notice from a law-enforcement agency, court, or the Florida Department of Law Enforcement (with subsequent written verification), FDACS suspends the license or the processing of an application if the licensee or applicant is arrested or formally charged with a crime that would disqualify the person, until final disposition. An active domestic-violence or repeat-violence injunction triggers the same suspension treatment.

What the Application Asks For

§ 790.06(4) sets the contents of the application, which is completed under oath on the FDACS form:

• § 790.06(4)(a) - name, address, place and date of birth, and race.
• § 790.06(4)(b) - a statement of compliance with subsections (2) and (3).
• § 790.06(4)(c) - a statement that the applicant has been furnished a copy of, or website link to, chapter 790 and is knowledgeable of its provisions.
• § 790.06(4)(d) - a conspicuous warning that the application is executed under oath and that a false answer or submission of a false document subjects the applicant to criminal prosecution under § 837.06 (false official statements).
• § 790.06(4)(e) - the self-defense-purpose statement required by § 790.06(2)(g).
• § 790.06(4)(f) - directions for a servicemember (active-duty military) or a veteran to request expedited processing.

Under § 790.06(5), the applicant submits the application to FDACS or to an approved tax collector under § 790.0625, accompanied by:

1. A completed application as described in § 790.06(4).
2. A nonrefundable license fee of up to $55 for a first-time applicant or up to $45 for a renewal under § 790.06(5)(b). The statute caps the fee at those amounts; the actual fee in effect at any given time is set by FDACS within the cap. The cost of fingerprint processing is paid separately by the applicant. A law-enforcement officer, correctional officer, or correctional probation officer (as defined in § 943.10(1), (2), (3), (6), (7), (8), or (9)) is exempt from the licensing requirement entirely; if such an officer wishes to obtain a CWFL, the officer is exempt from the background investigation and its fees but pays the regular license fee. A retired law-enforcement officer or correctional officer is exempt from the fees and background investigation for 1 year after retirement.
3. A full set of fingerprints administered by a law-enforcement agency, the FDACS Division of Licensing, or an approved tax collector under § 790.0625, plus any personal-identifying information required by federal law to process the fingerprints. The sheriff's office may charge a $5 fingerprinting fee under § 790.06(6)(b). Fingerprint-service charges under § 790.06(5)(c) are exempt from the sales tax on fingerprint services in § 212.05(1)(i).
4. A photocopy of the certificate, affidavit, or document evidencing competence under § 790.06(2)(h).
5. A full-frontal-view color photograph of the applicant taken within the preceding 30 days, sized to FDACS specifications (head measuring 7/8" wide and 1 1/8" high).
6. For expedited processing, the servicemember or veteran identification specified in § 790.06(5)(f) (Common Access Card, Uniformed Services ID, current deployment orders, DD Form 214, or another acceptable form specified by the Department of Veterans' Affairs).

There is no Social Security number requirement on the application; § 790.06 does not list one. Applicants may also be asked to designate veteran status on the license itself for FDACS records under § 790.06(7), which feeds the automated licenseholder listing available to law enforcement through the Florida Crime Information Center.

Issuance Timeline

§ 790.06(6)(c) sets a 90-day decision window: within 90 days after receipt of the items listed in § 790.06(5), FDACS must either (1) issue the license, or (2) deny the application based solely on failure to qualify under § 790.06(2) or (3), with written notice stating the ground for denial and informing the applicant of any right to a chapter-120 administrative hearing.

Two extension levers apply:

• Pending criminal disposition (§ 790.06(6)(c)3). If FDACS receives criminal-history information with no final disposition on a crime that may disqualify the applicant, the 90-day clock may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights. This is the most common cause of pending CWFL applications running past the 90-day target.
• Unreadable fingerprints (§ 790.06(6)(d)). If a legible set of fingerprints cannot be obtained after two attempts, FDACS determines eligibility based on name checks conducted by the Florida Department of Law Enforcement.

A consular security official under § 790.06(2)(a) operates on a separate track: the license must be issued within 20 days after receipt of a completed application, certification document, color photograph, and a $300 license fee, and is valid for 1 year (§ 790.06(6)(e)). Servicemember and veteran applications receive expedited processing without a fixed shorter day-count under § 790.06(6)(f).

A CWFL is effective from the date of issuance and is valid statewide.

Term and Validity

§ 790.06(1)(c) is unusually direct: "Licenses are valid throughout the state for 7 years after the date of issuance." Florida does not run a shorter-initial-then-longer-renewal system; the term is a flat 7 years from issuance for both originals and renewals. The licensee must carry valid identification at all times while in actual possession of a concealed weapon or concealed firearm and must display it on demand by a law-enforcement officer. Violation of the carry-ID rule is a noncriminal violation with a $25 penalty payable to the clerk of the court.

Two location- and life-event-driven obligations apply during the 7-year term:

• § 790.06(8) - 30-day address change. Within 30 days after a change of permanent address, or after a license is lost or destroyed, the licensee must notify FDACS. Failure is a noncriminal violation with a $25 penalty.
• § 790.06(9) - Lost or destroyed license. A lost or destroyed license is automatically invalid. The licensee may obtain a duplicate or substitute on payment of $15 to FDACS and submission of a notarized statement that the license has been lost or destroyed.

Renewal

§ 790.06(11)(a) structures the renewal process. At least 90 days before the expiration date, FDACS mails the licensee a written notice of expiration and a renewal form. The licensee must renew on or before the expiration date by filing with FDACS:

1. The renewal form, with an affidavit submitted under oath and under penalty of perjury that the licensee remains qualified under § 790.06(2) and (3).
2. A color photograph to the § 790.06(5)(e) specification.
3. The renewal fee (capped at $45 under § 790.06(5)(b), with the actual amount set by FDACS within the cap).
4. Out-of-state residents also submit a complete set of fingerprints and the fingerprint-processing fee at renewal.

A licensee who fails to file a renewal application on or before the expiration date may still renew up to 180 days after the expiration date by paying a late fee of $15. A license that has been expired for 180 days or more is permanently expired - the licensee must reapply for original licensure under § 790.06(5), pay the original-application fees, and undergo the full background investigation again. False statements on a renewal application carry the same § 837.06 criminal exposure as the original application.

§ 790.06(11)(b) carves out a servicemember protection: a CWFL issued to a servicemember (active-duty military) does not expire while the servicemember is serving on military orders that have taken him or her over 35 miles from residence and is extended for up to 180 days after return. If the renewal requirements are met within the 180-day extension, the servicemember pays no additional costs above the normal license fees. The servicemember must present a copy of the official military orders or a written verification from the commanding officer to FDACS before the end of the 180-day period to qualify for the extension.

Permitless Carry and What the CWFL Still Buys You

Florida moved to permitless concealed carry effective July 1, 2023, when HB 543 rewrote § 790.01. Under § 790.01(1)(a)-(b), a person is now authorized to carry a concealed weapon or concealed firearm if the person either (a) is licensed under § 790.06, or (b) is not licensed but otherwise satisfies the eligibility criteria for receiving and maintaining a CWFL under § 790.06(2)(a)-(f) and (i)-(n), § 790.06(3), and § 790.06(10). In effect, permitless concealed carry tracks the same basic eligibility floor as the CWFL minus three paragraphs - the self-defense-desire statement in § 790.06(2)(g), the demonstrated-competence requirement in § 790.06(2)(h), and the deferred-adjudication paragraphs in § 790.06(2)(k) and (l) (which still apply to the CWFL itself).

A permitless concealed carrier under § 790.01(1)(b) is subject to § 790.013: the carrier must carry valid identification at all times while in actual possession of a concealed weapon or firearm (subject to a $25 noncriminal penalty), and is subject to § 790.06(12) prohibited places "in the same manner as a person who is licensed." Inside Florida, a permitless carrier and a CWFL holder face the same chapter-790 prohibited-place exposure.

So why still get a CWFL?

• Reciprocity. The Florida CWFL is recognized by approximately three dozen other states under § 790.06(7) and gubernatorial reciprocity agreements. Permitless concealed carry under § 790.01(1)(b) is a Florida-only authorization. A Floridian who travels into Georgia, Alabama, Tennessee, Texas, or any other reciprocity state needs a CWFL - permitless carry does not travel. Detail in the RECIPROCITY section.
• NICS purchase exemption (18 U.S.C. § 922(t)(3)). A state-issued carry permit that requires a NICS-equivalent background check at issuance and is no more than 5 years old exempts the holder from the NICS check at handgun retail purchase. The Florida CWFL qualifies. A permitless carrier does not get this exemption.
• K-12 1,000-foot zone (18 U.S.C. § 922(q)). The federal Gun-Free School Zones Act exempts a person licensed by the state in which the school zone is located where the issuing state requires a background check before issuance. A CWFL satisfies that exemption inside Florida; permitless concealed carry does not. Detail in PROHIBITED_PLACES.
• Statutory carve-outs. A CWFL is the predicate for the religious-property carve-out in § 790.06(13) (licensee may carry on church, synagogue, or other religious-institution property, subject to the institution's private-property rights). The carve-out is licensee-specific and does not extend to a § 790.01(1)(b) permitless carrier.
• Faster law-enforcement-encounter resolution. A CWFL surfaces in FDACS records under § 790.06(7) and the Florida Crime Information Center; a permitless carrier asserting § 790.01(1)(b) eligibility relies on an officer's on-scene assessment of the (2)(a)-(f) and (i)-(n) criteria.

The trade-off for the permitless route is the up-to-$55 application fee, the fingerprint cost, the up to 90-day FDACS processing wait, and the demonstrated-competence requirement. The Legislature deliberately preserved both paths.

Suspension and Revocation

§ 790.06(10) lists the bases on which FDACS shall suspend or revoke a CWFL pursuant to chapter 120: ineligibility under the (2) criteria; physical infirmity preventing safe handling; a § 790.23-disabling felony conviction; a chapter-893 controlled-substance conviction; commitment as a substance abuser under chapter 397 or habitual-offender status under § 856.011(3); a second § 316.193 (DUI) violation within 3 years of a first; an incapacity adjudication under § 744.331; or a chapter-394 mental-institution commitment.

Service of a suspension or revocation notice is governed by § 790.06(10) and runs by either certified mail (return receipt requested) to the licensee's last known FDACS address or by personal service. A licensee has 21 days after personal-service notice or 26 days after the notice is deposited in U.S. mail (21 days plus 5 mailing days) to request a hearing with FDACS. Failure of the licensee to actually receive the notice does not stay the effective date or term of the suspension or revocation.

Fee Structure (Summary)

The $55 / $45 figures are statutory caps, not fixed prices; FDACS publishes the actual fee in effect under its current fee schedule. Fingerprint processing through tax-collector or third-party vendors is billed separately by the vendor and is not regulated by § 790.06.

Note that Florida does not waive § 790.06(5) fees for servicemembers or veterans. The military benefits in § 790.06 are expedited processing (§§ 790.06(5)(f), (6)(f)) and the license-extension protection during qualifying military orders (§ 790.06(11)(b)). Some other states grant veterans a flat fee waiver or reduction; Florida does not.

Key Florida Statutes Referenced in This Section

Constitutional Carry in Florida

Florida became a constitutional-carry state for concealed firearms on July 1, 2023, when HB 543 of the 2023 Regular Session went into effect, codifying the permitless-carry authorization at Fla. Stat. § 790.013 and rewriting the carry rule in Fla. Stat. § 790.01. The new law allows any qualifying adult 21 or older who is eligible for a Concealed Weapon or Firearm License (CWFL) under § 790.06 to carry a concealed firearm without obtaining the license. The CWFL remains available - and is still required for reciprocity in other states. HB 543 addressed only concealed carry; open carry was separately made lawful in September 2025, when the First DCA held § 790.053 unconstitutional in McDaniels v. State.

That is the headline. The rest of this section explains how the statutory rewrite actually works, who qualifies, what permitless carry covers and what it does not, why the CWFL still matters, and how Florida's constitutional-carry framework differs from the broader Texas model that often gets cited alongside it.

Background: HB 543 and the 2023 Rewrite

The Florida Legislature passed HB 543 during the 2023 Regular Session. Governor Ron DeSantis signed the bill on April 3, 2023, and the new framework took effect on July 1, 2023 as Chapter 2023-18, Laws of Florida. HB 543 did not create a new statute called the "Florida Constitutional Carry Act." It amended § 790.01 and added § 790.013, restructuring the existing concealed-carry framework so that a qualifying adult no longer needs a CWFL as a precondition to lawful concealed carry.

The mechanism mirrors the Texas approach in form: rather than declaring a new affirmative right, HB 543 narrowed the underlying offense in § 790.01 so that it does not reach a person who, although unlicensed, otherwise satisfies the CWFL eligibility floor. The CWFL clause sits at § 790.01(1)(a); the permitless-carry clause sits at § 790.01(1)(b). The two are alternatives - a person needs to satisfy only one.

The Statutory Framework After HB 543

§ 790.01 - The Carry Authorization

Post-HB 543, § 790.01(1) reads as follows:

"A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she: (a) Is licensed under s. 790.06; or (b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10)."

That structure is the operative permitless-carry rule. § 790.01(1)(a) preserves the legacy CWFL pathway. § 790.01(1)(b) is the new permitless-carry pathway. Both use the same definition of "concealed weapon or concealed firearm" pulled from § 790.06(1) - handguns, electric weapons or devices, tear gas guns, knives, or billies - but excluding machine guns.

The penalty subsections of § 790.01 confirm the rewrite. § 790.01(2) makes it a first-degree misdemeanor to carry a concealed weapon or electric weapon without satisfying subsection (1); § 790.01(3) makes it a third-degree felony to carry a concealed firearm without satisfying subsection (1). And § 790.01(4) places the burden of proof on the State: in any prosecution under (2) or (3), the State must prove both that the defendant is unlicensed and that the defendant is ineligible under the § 790.06 criteria listed in § 790.01(1)(b). That is unusual. In most states the licensing pathway is an affirmative defense the defendant must raise. In Florida, after HB 543, ineligibility for permitless carry is an element of the offense.

§ 790.013 - Identification and Prohibited Places

Section 790.013, the companion statute added by HB 543, attaches two specific obligations to anyone carrying without a CWFL under § 790.01(1)(b):

"A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b): (1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer. A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court. (2) Is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm."

Two things matter here. First, the ID requirement is mandatory but the penalty is a $25 noncriminal fine, not a criminal charge. A permitless carrier who forgets a wallet does not commit a misdemeanor; the carrier pays a civil fine. Second, the entire prohibited-places list at § 790.06(12) - courthouses, polling places, schools and college facilities, the secured area of an airport, places primarily devoted to dispensing alcohol for on-premises consumption, government meetings, jails and police stations, and places where federal law forbids firearms - applies to permitless carriers identically to CWFL holders. HB 543 did not reduce the prohibited-places list. It extended it.

§ 790.053 - The Open-Carry Ban Was Struck in 2025

Florida's open-carry statute lives at § 790.053(1):

"Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."

HB 543 left this provision untouched, so permitless carry under § 790.01(1)(b) was concealed carry. But § 790.053 no longer bars open carry: the First DCA held it unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), and the Attorney General's Sept. 15, 2025 guidance directs law enforcement not to enforce it. Open carry is now lawful for anyone who may lawfully carry a firearm, subject to the prohibited-places list, § 790.115 school grounds, the § 790.10 improper-exhibition statute, and federal law. Because the decision is subject to mandatory Florida Supreme Court review, a later ruling could change this. The brief-and-incidental display carve-out at the end of § 790.053(1) mattered chiefly under the former ban.

Who Qualifies for Permitless Carry

You may carry a concealed firearm without a CWFL in Florida only if you satisfy every CWFL eligibility criterion in § 790.06(2) that § 790.01(1)(b) cross-references - "s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10)." Read against § 790.06(2), that means you must:

• Be a U.S. citizen, lawful permanent resident, or qualifying foreign-government consular security official. § 790.06(2)(a).
• Be at least 21 years of age. § 790.06(2)(b). HB 543 did not lower the age floor. There is no permitless-carry route for 18-to-20-year-olds.
• Not suffer from a physical infirmity that prevents safe handling of a firearm. § 790.06(2)(c).
• Not be ineligible under § 790.23 by virtue of a felony conviction. § 790.06(2)(d).
• Have no controlled-substance conviction in the last 3 years and no commitment for substance abuse. § 790.06(2)(e).
• Not chronically and habitually abuse alcohol or other substances to the point of impairment. § 790.06(2)(f).
• Not have been adjudicated incapacitated under § 744.331 or committed to a mental institution under chapter 394. § 790.06(2)(i)-(j).
• Have no felony or misdemeanor crime of domestic violence with adjudication withheld or sentence suspended within the last 3 years. § 790.06(2)(k)-(l).
• Not be subject to a domestic-violence or repeat-violence injunction. § 790.06(2)(m).
• Not be otherwise prohibited from purchasing or possessing a firearm under any other Florida or federal law. § 790.06(2)(n).

The cross-reference also imports § 790.06(3) (denial for misdemeanor crimes of violence within the last 3 years) and § 790.06(10) (continuing-eligibility obligations).

What § 790.01(1)(b) does not cross-reference is also important: § 790.06(2)(g), the desire-to-carry-for-self-defense statement, and § 790.06(2)(h), the firearms-training competency demonstration. The Legislature deliberately excluded both. Permitless carriers are not required to complete any training course. That is a design choice with practical consequences.

If any cross-referenced criterion fails, permitless carry does not protect you. The fix is not "get a CWFL instead." The CWFL eligibility floor excludes the same prohibited persons. A § 790.23 felon cannot legally possess a firearm at all and cannot fix that with a license.

HB 543 Covered Concealed Carry Only

HB 543 itself authorized only permitless concealed carry; it did not amend § 790.053 or address open carry. For a time that meant walking down a Florida sidewalk with a holstered handgun in plain view was a second-degree misdemeanor. That is no longer the law. The First DCA struck § 790.053 in McDaniels (September 2025), and open carry by a qualifying adult is now lawful, subject to prohibited places, § 790.10 improper exhibition, and federal law.

This is why the Texas analogy needs a caveat. Texas HB 1927 authorized permitless open carry of a holstered handgun alongside permitless concealed carry through a single statute. Florida reached the same practical result in two steps: HB 543 (2023) for permitless concealed carry, and the McDaniels decision (2025) for open carry.

What Permitless Carry Does Not Change

HB 543 stripped out the licensing requirement for concealed firearm carry. It left the rest of Florida firearms law intact. The following all still apply.

The § 790.06(12) Prohibited-Places List

The prohibited-places list incorporated through § 790.013(2) covers police, sheriff, or highway patrol stations; detention facilities, prisons, and jails; courthouses and courtrooms; polling places; meetings of any local governing body or the Legislature; school, college, and professional athletic events; elementary and secondary school facilities and administration buildings; career centers; college and university facilities; portions of establishments licensed to dispense alcoholic beverages for on-premises consumption primarily devoted to that purpose; the passenger terminal and sterile area of any airport; and any place where carrying a firearm is prohibited by federal law.

Permitless carriers are subject to this list in full. Knowing and willful violation is a second-degree misdemeanor under § 790.06(12)(d), punishable as provided in § 775.082 and § 775.083.

The § 790.115 School Premises Framework

Florida's school-premises statute, § 790.115, is a separate framework from the § 790.06(12) school-related entries. It carries its own prohibitions and exceptions and applies to all firearms regardless of carry mode or licensing status. HB 543 did not modify § 790.115. See the PROHIBITED_PLACES section for the full treatment.

The § 790.23 Felon and Domestic-Violence Possessor Bar

§ 790.23 makes it a felony for a convicted felon, a person convicted of a misdemeanor crime of domestic violence, or certain other prohibited persons to possess a firearm at all. HB 543 did not touch § 790.23. A § 790.23-prohibited person who carries - concealed, open, with a CWFL, or as a permitless carrier - commits a separate felony.

Federal Prohibitions

18 U.S.C. § 922(g) continues to bar firearm possession by convicted felons, persons with qualifying domestic-violence misdemeanor convictions, persons subject to qualifying protective orders, fugitives, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, persons dishonorably discharged, persons who have renounced U.S. citizenship, and unlawful aliens. HB 543 cannot and did not alter those prohibitions.

The federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), continues to apply and prohibits possession of a firearm within 1,000 feet of a K-12 school, with an exemption for license holders carrying within their issuing state. A Florida CWFL fits that exemption. Permitless-carry status does not. Permitless concealed carry inside Florida does not solve federal school-zone exposure; a CWFL does.

Private Property Posting

Constitutional carry does not override a private property owner's right to exclude firearms. A property owner who has communicated a no-firearms policy may exclude both CWFL holders and permitless carriers, and trespass exposure attaches to anyone who remains after notice.

Why the CWFL Still Matters

The Florida CWFL is technically optional for in-state concealed carry by a qualifying adult. It is not optional for several adjacent purposes:

• Reciprocity in other states. Permitless-carry status stops at the state line. The Florida CWFL is recognized by 30 or more states under reciprocity agreements administered by the Department of Agriculture and Consumer Services. For out-of-state travel, the CWFL is the only practical Florida-issued credential other states will honor.
• Federal Gun-Free School Zone exemption. 18 U.S.C. § 922(q) exempts license holders carrying inside their issuing state. The 1,000-foot zone radiates outward from every K-12 school and reaches sidewalks, parking lots, and adjacent residential blocks that a non-license-holder would not otherwise consider school-restricted.
• NICS exemption at the point of purchase. Federal regulations exempt holders of qualifying state-issued carry licenses from the NICS background check when purchasing from an FFL. Florida CWFL holders qualify. A permitless carrier still goes through NICS at every transaction.
• CWFL-only statutory carve-outs. § 790.06(13) authorizes a license holder to carry on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution, subject to the institution's right to exclude. The provision is on its face limited to license holders.
• Out-of-state employer or federal-contractor requirements. Some employment contexts require a state-issued carry credential.

Treat the CWFL as optional for in-state concealed carry and effectively required for out-of-state travel, federal school-zone proximity, and NICS exemption at the point of purchase.

Practical Guidance for Florida Permitless Carriers

"Do I need to take a class to carry permitlessly?" No. HB 543 imposes no training requirement. The competency provisions in § 790.06(2)(h) apply only to CWFL applicants, and § 790.01(1)(b) deliberately omits paragraph (h) from the cross-reference. Training is voluntary by statute and necessary in fact.

"Do I need to carry ID?" Yes. § 790.013(1) requires valid identification when in actual possession of a concealed firearm under the permitless pathway, displayed on demand by a law enforcement officer. The penalty is a $25 noncriminal fine.

"Can I open carry in Florida?" Yes, as of September 2025. HB 543 did not amend § 790.053, but the First DCA held that ban unconstitutional in McDaniels, and the Attorney General directs law enforcement not to enforce it. Open carry is now lawful for anyone who may lawfully carry a firearm, subject to prohibited places, § 790.10 improper exhibition, and federal law.

"What about K-12 schools?" Off-limits. § 790.06(12) and § 790.115 both apply. Federal § 922(q) adds the 1,000-foot school zone for permitless carriers without a CWFL.

"Am I covered if I'm visiting from another state?" Yes, if you are 21 or older and meet the § 790.06(2) eligibility criteria. Permitless carry under § 790.01(1)(b) is not limited to Florida residents. When you cross the state line on the return trip, your Florida permitless-carry status is not portable.

"What if I'm 18, 19, or 20?" No permitless concealed carry. § 790.06(2)(b) sets the age floor at 21.

"Can I carry while drinking?" § 790.06(12) bars carry into the portion of any establishment licensed to dispense alcoholic beverages for on-premises consumption that is primarily devoted to that purpose, and § 790.013(2) extends that bar to permitless carriers. See the UNDER_INFLUENCE section for the broader framework.

Quick-Reference Table

The Bottom Line for Instructors and Students

Florida permitless carry says one thing clearly: an adult 21 or older who meets the CWFL eligibility floor under § 790.06(2) may carry a concealed firearm in Florida without a CWFL, provided the carrier carries valid ID. Everything else - the federal prohibitions, the § 790.06(12) prohibited-places list (imported through § 790.013(2)), the § 790.115 school-premises framework, the § 790.23 felon and domestic-violence possessor bar, the § 790.10 improper-exhibition statute, private-property posting rules, and the federal school-zone overlay - remains in full force. Treat the CWFL as optional for in-state concealed carry and effectively required for out-of-state travel, federal school-zone proximity, NICS exemption at the point of purchase, and access to the church-property carve-out at § 790.06(13). Treat training as voluntary by statute and necessary in fact. And remember how Florida got here: HB 543 (2023) made permitless carry concealed, and the McDaniels decision (2025) made open carry lawful for qualifying adults, subject to prohibited places, § 790.10 improper exhibition, and federal law.

Florida Prohibited Places for Concealed Carry

The bottom line

Florida Statute § 790.06(12) prohibits firearm carry - even by Concealed Weapon or Firearm License (CWFL) holders or permitless carriers under § 790.013 - at 15 enumerated locations including schools, courts, polling places, government meetings, the bar portion of liquor establishments, college campuses, and airport passenger terminals. § 790.115 separately criminalizes K-12 school-property carry. Federal law adds postal property, federal buildings, and the 1,000-foot Gun-Free School Zone.

The list applies identically to license holders and permitless carriers. § 790.013(2) makes a person carrying concealed without a license "subject to s. 790.06(12) in the same manner as a person who is licensed." Constitutional carry under HB 543 (2023) did not alter the prohibited-places map. The 15-category list, the vehicle-storage exception, and the 2nd-degree misdemeanor penalty all run on the same terms for both groups.

There is one practical asymmetry. The CWFL still buys two privileges that permitless carriers do not get. § 790.06(13) authorizes a CWFL holder to carry on church, synagogue, or other religious-institution property, subject to the institution's right to control its premises. § 790.115(2)(e) reduces a knowing and willful school-property violation by an authorized § 790.01(1) carrier from a third-degree felony to a second-degree misdemeanor.

The § 790.06(12)(a) enumeration

§ 790.06(12)(a) is the operative list. The text says a CWFL "does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into" the locations that follow. Read with § 790.013(2), the same list applies to permitless carriers.

§ 790.06(12)(b) preserves the right to carry or store a firearm in a vehicle for lawful purposes, and § 790.06(12)(c) confirms that the prohibited-places rule does not modify the parking-lot employer-protection statute at § 790.251(7). § 790.06(12)(d) makes a knowing and willful violation of subsection (12) a second-degree misdemeanor punishable as provided in § 775.082 or § 775.083 - up to 60 days in jail and a $500 fine. The penalty default is the same regardless of which of the 15 categories was violated, so long as the conduct is a § 790.06(12) violation rather than a separate § 790.115 school-property charge.

The list is comprehensive but not exhaustive of all carry restrictions. Federal law imposes additional off-limits places that operate independently of state law. § 790.115 imposes its own school-property regime that runs alongside item 10. And private property owners retain the right to ask a carrier to leave under general trespass principles. The map below works through each.

Place of nuisance: § 790.06(12)(a)1. and § 823.05

The first category points outside the firearms statute to the public-nuisance definition in § 823.05. § 823.05(1) reaches a building or place "manifestly injurious to the morals or manners of the people"; a house of prostitution, assignation, or lewdness; an unlawful gambling location; and "a place where any law of the state is violated." § 823.05(2) adds locations used by criminal gangs. § 823.05(4) adds rental property used on more than two occasions in 6 months as the site of stolen-property dealing, assault and battery, burglary, theft, or robbery by sudden snatching.

For a daily carrier, this category is mostly theoretical. The designation is a civil-abatement label that runs through the chapter 60 injunction process. A § 790.06(12)(a)1. charge is rare and usually overlaps with another category.

Law enforcement, detention, and corrections: § 790.06(12)(a)2. and (a)3.

§ 790.06(12)(a)2. prohibits carry in any police, sheriff, or highway patrol station. § 790.06(12)(a)3. prohibits carry in any detention facility, prison, or jail. The (a)2. category reaches the public-facing reception areas of police stations and sheriff offices, not just the secure interior. A carrier walking into a police-department lobby to file a report has crossed into a § 790.06(12) location. There is no LE-station carve-out for license holders. Many Florida sheriff's offices will accept a firearm at the front desk and store it during the visit; some will not. The cleaner practice is to leave the firearm secured in the vehicle under § 790.06(12)(b) before approaching the building. The (a)3. category applies to the entire detention or correctional facility, including jail visitor entrances and prison receiving lobbies.

Courthouses and courtrooms: § 790.06(12)(a)4. and (a)5.

§ 790.06(12)(a)4. prohibits carry in any courthouse. § 790.06(12)(a)5. prohibits carry in any courtroom, with the narrow exception that "nothing in this section precludes a judge from carrying a concealed weapon or concealed firearm or determining who will carry a concealed weapon or concealed firearm in his or her courtroom." The reach is broad - the entire courthouse building, not just the courtroom itself. Clerks' offices, prosecutors' offices, mediation rooms, and connecting corridors all fall within (a)4. The (a)5. judicial-permission carve-out operates only inside the courtroom and only at the discretion of the presiding judge.

The penalty for a § 790.06(12) courthouse violation is a second-degree misdemeanor under § 790.06(12)(d) - up to 60 days in jail and a $500 fine. Most Florida county courthouses provide gun lockers at the security checkpoint; if you are carrying when you arrive, return to your vehicle and store the firearm there before approaching the metal detector. Crossing the screening line with a firearm is the violation.

Polling places, government meetings, and legislative sessions: § 790.06(12)(a)6.-(a)8.

§ 790.06(12)(a)6. prohibits carry at any polling place during election day or early voting. § 790.06(12)(a)7. prohibits carry at any meeting of the governing body of a county, public school district, municipality, or special district - county commissions, school boards, city councils, and the boards of taxing districts, water management districts, and similar special districts. The rule applies during the meeting itself, not at all hours when the building is open. A carrier paying a property-tax bill at a county administration building on a non-meeting day is not in a § 790.06(12)(a)7. location; walking into the same building during a commission session is. § 790.06(12)(a)8. prohibits carry at any meeting of the Legislature or a committee thereof, reaching the Florida Capitol during sessions and committee meeting rooms during scheduled committee work.

The notice mechanism for these three categories is the same: the carrier is presumed to know the location is a polling place, governing-body meeting, or legislative session by the activity itself. There is no statutory posting requirement that displaces the offense.

Sporting events: § 790.06(12)(a)9.

§ 790.06(12)(a)9. prohibits carry at any school, college, or professional athletic event not related to firearms. The "not related to firearms" qualifier carves out shooting matches and similar firearm-centered competitions. Everything else - high school football, collegiate basketball, professional baseball, concerts at sports venues - is covered. Modern Florida sports venues operate metal-detector screening, so the practical line is the screening checkpoint regardless of any signage. A CWFL holder or permitless carrier who walks past the line with a firearm commits the second-degree misdemeanor offense.

K-12 schools and the § 790.115 framework

§ 790.06(12)(a)10. covers any elementary or secondary school facility or administration building. § 790.115 builds out a separate, more elaborate school-property framework and is the active enforcement tool for almost every school-property firearm offense.

§ 790.115(1) is the brandishing rule. A person who exhibits a firearm or other weapon "in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity" commits a third-degree felony. The 1,000-foot perimeter is the strict-liability brandishing trigger.

§ 790.115(2)(a) is the possession rule. No person may possess a firearm, electric weapon, destructive device, or other weapon as defined in § 790.001 - including a razor blade or box cutter - except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop. "School" for § 790.115(2) means "any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic." The reach is broader than § 790.06(12)(a)10. - it covers preschools, junior highs, and career centers, and it covers "property" rather than only "facilities."

Three statutory carry exceptions: (1) a firearm in a case to an approved firearms program (the JROTC and approved-firearms-class pathway), (2) a firearm in a case to a career center having a firearms training range, and (3) a firearm in a vehicle pursuant to § 790.25(4), except that school districts may waive the vehicle exception for student and campus parking privileges. A securely encased handgun in a private vehicle in the school parking lot falls within § 790.25(4) and is not a § 790.115(2) violation for adult parents and visitors. High school students parking on campus must follow the district's written policy.

Penalties: § 790.115(2)(b) makes possession of an electric weapon or non-firearm weapon a third-degree felony. § 790.115(2)(c)1. makes possession of a firearm a third-degree felony. § 790.115(2)(d) makes discharge a second-degree felony. § 790.115(2)(e) is the CWFL/§ 790.01(1) penalty reduction: an authorized § 790.01(1) carrier who willfully and knowingly violates (b) or (c)1. "commits a misdemeanor of the second degree." Both CWFL holders and § 790.01(1)-eligible permitless carriers get the reduction; non-eligible carriers do not. § 790.115(3) exempts active law enforcement officers.

The practical map: vehicle in the lot under § 790.25(4), carrier walks in unarmed. Even the (e) misdemeanor is a § 790.06 license-revocation trigger. Avoidance is the clean answer.

Career centers: § 790.06(12)(a)11.

§ 790.06(12)(a)11. prohibits carry in any career center. § 790.115(2)(a) reaches career centers under its definition of "school." § 790.115(2)(a)2. allows cased carry into a career center "having a firearms training range" but only under the cased-firearm condition; ordinary concealed carry into the rest of the campus is still a § 790.06(12)(a)11. violation. Career-center campuses are off-limits except for an approved firearms program with documented authorization.

The bar-portion rule: § 790.06(12)(a)12.

§ 790.06(12)(a)12. prohibits carry in "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose." The establishment must hold a license to dispense alcohol for on-premises consumption, and the carry must occur in the portion primarily devoted to alcohol service.

Florida does not impose a percentage threshold in statute. The line is a portion-of-the-establishment line: the bar area itself, where the establishment's primary activity is dispensing alcohol. A restaurant with a separate bar can be a § 790.06(12)(a)12. location in the bar area but a permissible carry location in the dining room. A pure cocktail lounge or nightclub is a § 790.06(12)(a)12. location throughout; a restaurant where patrons drink wine with meals generally is not.

The "portion primarily devoted to" line is fact-specific and unforgiving at the edges. The safe rule is to treat any visibly bar-focused area - extended bar seating, a separate bar room, a designated lounge - as off-limits and to remain in the dining-only portion of mixed-use establishments. There is no statutory posted-sign defense.

College and university facilities: § 790.06(12)(a)13.

§ 790.06(12)(a)13. prohibits carry in any college or university facility, with one narrow exception: "the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile." The carrier must have an academic affiliation, and the instrument must be a non-projectile-discharging stun gun. A handgun is not within the carve-out. Florida public and private colleges and universities are off-limits to concealed handgun carry by both license holders and permitless carriers.

§ 790.115(2)(a) reaches "postsecondary school," so college and university property also falls within the § 790.115 vehicle-storage exception under § 790.115(2)(a)3. A carrier may keep a firearm in a private vehicle in a campus parking lot under § 790.25(4) without violating either § 790.06(12)(a)13. or § 790.115. Carry into any campus building is prohibited.

Airport passenger terminals: § 790.06(12)(a)14.

§ 790.06(12)(a)14. prohibits carry inside the passenger terminal and sterile area of any airport. The structural exception: "no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft."

The Florida line is broader than the federal sterile-area rule. The federal rule begins at the TSA checkpoint; the Florida rule begins at the terminal entrance. A carrier who walks into the terminal with a concealed handgun on the body has committed the offense before approaching TSA. The encased-baggage exception runs from the curb to the airline check-in counter. The TSA checkpoint penalty and 49 U.S.C. § 46505 operate independently. Never bring a firearm near a terminal except in a TSA-compliant locked hard case at the curb-to-counter handoff.

Federal-law-prohibited places: § 790.06(12)(a)15.

§ 790.06(12)(a)15. is the federal-incorporation hook. Any place where the carrying of firearms is prohibited by federal law is also prohibited under Florida state law. The categories that matter for daily carry:

• Federal facilities under 18 U.S.C. § 930. Federal buildings owned or leased by the federal government - IRS offices, Social Security offices, federal agency headquarters. § 930(a) is a federal misdemeanor up to one year. § 930(e) is the felony tier for federal courthouses, up to two years (five with intent to commit a crime). Posted notice is required at each public entrance.
• U.S. Postal Service property under 39 C.F.R. § 232.1(l). "No person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes." Reaches the entire postal property, including parking lots.
• U.S. Department of Veterans Affairs facilities under VA regulations; military installations under DOD policy; secured areas of airports under federal aviation security law (§ 790.06(12)(a)14. covers a broader perimeter). National parks allow carry to the extent state law allows; federal facilities within the park are still § 930 facilities.

The Gun-Free School Zones Act: 18 U.S.C. § 922(q)

18 U.S.C. § 922(q)(2)(A) makes it a federal offense to knowingly possess a firearm at a place the person knows or has reasonable cause to believe is a school zone. A "school zone" is the grounds of a public, parochial, or private K-12 school and the area within 1,000 feet of those grounds.

§ 922(q)(2)(B)(ii) exempts a person "licensed to do so by the State in which the school zone is located" if the state requires a background check and qualifications determination before issuance. A Florida CWFL qualifies; § 790.06 requires a fingerprint-based background check and a § 790.06(2) qualifications determination. Permitless carriers do not qualify. A Florida adult carrying under § 790.013 without a CWFL can still violate § 922(q) inside the 1,000-foot federal zone. § 922(q) is punishable by up to five years.

This is the single biggest federal-law advantage of holding a CWFL in a constitutional-carry environment. K-12 zones blanket large portions of residential areas; the CWFL removes the federal exposure, permitless carry does not.

Vehicle storage: § 790.06(12)(b) and § 790.25(4)

§ 790.06(12)(b) is the parking-lot safety valve: "A person licensed under this section is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes." § 790.013(2) places permitless carriers on the same § 790.06(12) terms, and § 790.25(4) provides the parallel rule for any adult lawfully in possession of a handgun.

§ 790.25(4)(a) authorizes a person 18 or older in lawful possession of a handgun to possess it within a private conveyance if it is "securely encased or otherwise not readily accessible for immediate use" (the carrier may not carry on the person under that paragraph). § 790.25(4)(b)(2) preserves the right of a § 790.01(1)-authorized person to carry concealed on the person in a private conveyance. § 790.25(4)(c) directs liberal construction in favor of lawful use.

The combined effect: drive to the parking lot, secure the firearm under § 790.25(4)(a) if storing during the visit, and walk in unarmed. The parking lot itself is not a § 790.06(12) location. § 790.06(12)(c) preserves the employer-parking-lot protections of § 790.251(7). On K-12 school property, § 790.115(2)(a)3. references § 790.25(4) and lets school districts waive the exception for student and campus parking.

Religious property: § 790.06(13)

§ 790.06(13) is a CWFL-only privilege: "Notwithstanding any other law, for the purposes of safety, security, personal protection, or any other lawful purpose, a person licensed under this section may carry a concealed weapon or concealed firearm on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution." A permitless carrier under § 790.013 does not get the (13) carve-out. The institution retains the right to control its own property; refusal to leave when asked converts a permitted carry into trespass under chapter 810.

The "[n]otwithstanding any other law" clause is the operative phrase. It displaces the (a)10. school rule when the school is part of religious-institution property: a CWFL holder carrying at a religious-school facility under § 790.06(13) is not violating § 790.06(12)(a)10. § 790.115 still governs the discharge and brandishing rules. The (13) carve-out is one of the most concrete reasons for a Florida adult to keep a CWFL in a constitutional-carry environment.

Private property and posted "no firearms" signs

Florida does not have a statutory regime that gives a "no firearms" sign on private property the force of a Title XLVI firearm offense. There is no trespass-by-licensee mechanism. Carry into a posted private business is not, by itself, a § 790.06(12) violation.

The mechanism is general trespass under chapter 810. A property owner or authorized person may ask a carrier to leave because of the firearm; refusal after notice is the enforceable conduct. A carrier who promptly complies has not committed a Florida crime. The cleanest path is to disarm and store under § 790.25(4) before entering, or choose a different location. If asked to leave, leave.

Penalties, in plain language

A § 790.06(12) conviction is also a § 790.06 license-revocation trigger. A CWFL holder convicted of a knowing and willful violation of subsection (12) faces administrative revocation of the license under § 790.06(10) on top of the criminal penalty.

The licensee's edge

A Florida CWFL removes categories of legal exposure that a permitless carrier under § 790.013 faces:

1. Federal Gun-Free School Zones Act exemption. The 1,000-foot zone around every K-12 school disappears for a CWFL holder under 18 U.S.C. § 922(q)(2)(B)(ii). The permitless carrier carries that federal exposure wherever a school sits.
2. Religious-property carry under § 790.06(13). The license is the affirmative authority to carry on church, synagogue, or other religious-institution property.
3. Reduced school-property penalty under § 790.115(2)(e). A CWFL is documentary proof that the carrier qualifies under § 790.01(1) at the moment of charging.
4. Reciprocity. The CWFL unlocks recognition in roughly three dozen jurisdictions outside Florida. Permitless carry does not travel.
5. NICS-alternative purchasing. The CWFL operates as a NICS-alternative permit at the dealer counter for Florida residents.

The map of off-limits locations under § 790.06(12) is identical for both groups. § 790.013(2) makes that explicit. The defenses, the carve-outs, and the federal-law exposure are not.