These FAQ answers summarize Florida concealed carry law for instructors and Concealed Weapon or Firearm License (CWFL) students. Each answer cites the...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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).
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.
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.
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.
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.
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.
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.
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.
§ 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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
<!-- federal-context-block:added-2026-05-20 -->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.
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