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UNDERSTANDING GUN LAWS IN FLORIDA

As a gun owner or potential gun owner, it's essential to understand the
complexities of Florida's gun laws. These laws evolve, and new gun laws in
Florida affect your gun ownership, like those involving concealed carry.

When in doubt or facing legal trouble, don't wait to consult an experienced
legal counselor who is well-versed in Florida gun laws.

Table of Contents

Toggle
 * Overview of Florida Gun Regulations
 * Permitless Carry Laws in Florida
   * Permitless Carry Eligibility and Implications
 * Concealed Carry Regulations
 * Open Carry Laws in Florida
 * Red Flag Law in Florida
 * Gun Laws and Self-Defense
 * Firearm Purchases and Ownership
 * Federal vs. State Gun Laws
 * Common Misconceptions and Clarifications
 * Consulting an Attorney for Assistance


OVERVIEW OF FLORIDA GUN REGULATIONS

Gun owners or prospective gun owners in Florida often have questions about the
strictness of Florida's gun laws. While Florida does have numerous gun laws,
they are not as strict as other states, including California, Illinois, and New
York.

For example, there is no special permit potential gun owners must obtain in
order to purchase a firearm. Instead, individuals wishing to buy a gun must pass
a background check. There are generally no restrictions on thetypes of firearms
individuals may own or the number of firearms a person can purchase.

Recent changes in gun laws have made it legal for gun owners to carry their
concealed firearms, something that required a permit in years past. Florida gun
owners cannot, however, openly carry their weapons under most circumstances.

Florida gun owners should take special note of gun laws and familiarize
themselves with pertinent regulations. Failure to comply with state and federal
laws can result in legal repercussions.


PERMITLESS CARRY LAWS IN FLORIDA



In previous years, gun owners were required to obtain a concealed weapons permit
before being legally allowed to carry a concealed firearm. As of July 1, 2023,
however, Florida gun owners may carry concealed firearms or weapons without a
special permit. This law includes handguns, electronic weapons or devices,
knives, tear gas guns, or billies.

Even with the change in Florida law, concealed weapon licenses are still
relevant. In fact, the Florida Department of Agriculture continues to issue new
permits to gun owners who wish to take advantage of certain benefits, including
reciprocity with other states that recognize Florida's concealed weapons
license.


PERMITLESS CARRY ELIGIBILITY AND IMPLICATIONS

While the law has changed, it does not mean just anyone can purchase and carry a
weapon. To carry a concealed firearm in Florida, you must still meet the same
criteria required to apply for a concealed weapon permit under the law.

To be eligible for Florida permitless carry, you must first satisfy certain
requirements, including, but not limited to:

 * Being 21 years of age or older;
 * Being a United States resident and citizen or a permanent resident;
 * Carrying a government-issued ID and providing it to an officer upon request;
 * No physical ailments that impair the safe handling of a firearm;
 * No history of abusing controlled substances;
 * No chronic or habitual consumption of alcohol which may render you too
   impaired to safely handle a firearm; and
 * No current injunctions for domestic violence or other violent crimes.

Additionally, even if you are eligible to carry a concealed weapon, there are
specific locations where you cannot legally have a weapon, including, but not
limited to, any law enforcement station, courthouse, polling place, or other
location where carrying a firearm is prohibited by federal law.

Violating Florida's permitless carry law can result in a charge for a
second-degree misdemeanor. Penalties for second-degree misdemeanors include
fines and jail time.


CONCEALED CARRY REGULATIONS

While Florida now allows permitless carry, gun owners can still acquire
concealed weapons licenses. The process for acquiring a concealed weapons permit
includes:

 * Completing a firearms training course and obtaining a certificate of
   completion;
 * Taking a passport-style photo within 30 days of applying for your license;
 * Submitting your application in person or online and paying the required fees;
   and
 * Having your fingerprints taken within 90 days of submitting your application.

You should receive an approval or denial within 90 days.

The requirements for concealed carry in Florida are the same as those for
permitless carry. Acquiring a concealed weapons license allows you to enjoy the
benefits, including concealed carry in other states and the ability to purchase
and take possession of firearms on the same day instead of waiting three days.


OPEN CARRY LAWS IN FLORIDA

Concealed carry is allowed under certain circumstances in Florida, but open
carry is not. In Florida, gun owners are not legally entitled to openly carry
firearms. Doing so can result in serious legal trouble.

Florida Statute 790.053 pertains to open carry in Florida. This law states that
it is unlawful for any person to openly carry any firearm on or about his or her
person.

You have the right to openly carry a gun on your property under Florida Statute
790.25 (n). However, guests on your property cannot openly carry weapons, even
with your permission.

You are also legally allowed to openly carry a firearm to and from a gun range,
hunting, fishing, or camping, as long as there are no stops on the way.
Additionally, you can openly show a firearm for self-defense purposes.

It's important to understand the very few circumstances where openly carrying a
weapon is allowed under Florida law. Failure to follow the law can result in a
second-degree misdemeanor charge. So, it's important to be aware of the places
you can't carry a firearm.


RED FLAG LAW IN FLORIDA



Among Florida's many gun laws, the red flag law is among the most important. The
red flag law allows for temporary confiscation of a firearm from an individual
deemed to be a threat to themselves or others.

A friend or family member of the dangerous individual can request a risk
protection order with the court. Police can also file a Risk Protection Order
petition (RPO).

During the hearing for the RPO, attorneys for the law enforcement agency seeking
to seize a firearm must present evidence that the “dangerous' individual has
committed one or more of the following acts within the previous year:

 * Stalking;
 * Threatening or attempting suicide with a firearm;
 * Threatening or attempting harm on another person with a firearm;
 * Violating a protective order (aka restraining order) and/or
 * Acquiring a firearm or ammunition.

The judge must thoroughly review all testimony and evidence presented in the
case. If there is sufficient evidence to prove the individual in question may be
a danger to themselves or others, the judge can grant the request, and the
individual's firearm(s) will typically be confiscated for a period of one year.

The amount of time the individual must be without their firearm(s) may depend on
the case's particular circumstances. However, in the meantime, the individual
will not be allowed to possess or purchase firearms.


GUN LAWS AND SELF-DEFENSE

Florida has a well-known law called the “Stand Your Ground Law.” Under this law,
and in very specific circumstances, individuals may be entitled to defend
themselves with deadly force.

According to Florida Statute 776.013, a person who is rightfully in their
dwelling has no duty to retreat and has the right to stand his or her ground
against an individual if they reasonably believes it is necessary to prevent
great bodily harm or death or the commission of a forcible felony. Examples of
forcible felonies include, but are not limited to, murder, manslaughter, sexual
battery, carjacking, home-invasion robbery, armed robbery, burglary, or arson.

Self-defense involving deadly force, including the use of a firearm, is only
permitted where an individual fears imminent harm, death, or the commission of a
forcible felony Unless there is a reasonable fear, deadly force is not permitted
under Florida law. Use of deadly force, where not necessary, can result in
serious criminal charges, including murder.


FIREARM PURCHASES AND OWNERSHIP

Florida law contains certain requirements for purchasing and owning firearms.
Not everyone can purchase, own, or carry firearms within the state. To avoid
legal trouble, a firearm should be purchased from legitimate sources.

Generally, you must be at least 21 to purchase a firearm in Florida. Under
certain circumstances, individuals at least 18 years of age can own firearms —
if they are employed as law enforcement or corrections officers, for example.

You need special permission or a permit to purchase a firearm, including
handguns and rifles, in Florida. However, it is unlawful for convicted felons
and specific persons with a criminal background to purchase a firearm or have
one in their possession at all unless their rights have been restored.

To purchase a firearm in Florida, you must provide the firearms dealer with your
information and a government-issued ID. Then, you must wait at least three days
before taking possession of your purchased firearm, allowing for the results of
a background check.

There is no restriction regarding the type of firearm gun owners in Florida can
and cannot purchase and possess. Additionally, there is no limit on the number
of firearms gun owners in Florida can own.


FEDERAL VS. STATE GUN LAWS



The Second Amendment to the Constitution of the United States grants citizens
the right to bear arms, meaning a person, as a U.S. citizen or resident, has the
right to possess weapons. Gun owners often cite the Second Amendment when
fighting against gun restrictions, but gun owners must nonetheless follow
federal and state laws.

Federal laws apply to all states, whereas state laws only apply within a
specific state. Therefore, gun owners should also familiarize themselves with
federal gun laws, as violating these laws can lead to serious legal
consequences.

The National Firearms Act (NFA), for example, restricts the sale and possession
of certain firearms and accessories, including machine guns, short-barreled or
“sawed-off” shotguns, and silencers. To purchase one of the firearms or devices
under this act, purchasers must meet certain requirements, including undergoing
extensive background checks.

Florida doesn't allow for the purchase of certain firearms under the NFA,
including short-barreled shotguns or machine guns. States are permitted to
promulgate firearms regulations so long as they do not conflict with federal
law.

State firearms laws vary significantly. Therefore, it's critical to know and
understand both federal and state gun laws to remain in compliance with these
laws.


COMMON MISCONCEPTIONS AND CLARIFICATIONS

There are certain misconceptions about Florida's gun laws, specifically as they
relate to carry laws. There has been much confusion around recent changes.

One common misconception is that the removal of permit requirements to carry a
firearm means anyone is now allowed to carry a firearm. In reality, gun owners
must qualify before carrying a weapon. If gun owners do not meet the strict
requirements, they are not legally entitled to carry a firearm.

Additionally, there is a misconception that because there is no permit
requirement for concealed carry, gun owners can open carry. There is a
significant difference between open and concealed carry, and there have been no
changes to open carry laws – it remains illegal.

If you have questions or doubts about Florida gun laws, seeking specific answers
is helpful. Having a thorough understanding of gun laws can help you avoid
potential trouble.


CONSULTING AN ATTORNEY FOR ASSISTANCE

If you're facing criminal gun charges, do not wait to consult with a qualified
legal advocate. A Florida weapons charges attorney can help protect your rights
and fight for a favorable case result. The Denson Firm is here to help. Contact
our firm today to schedule a free phone consultation.

DISCUSS YOUR CASE

Call Today!


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