Florida State Laws

The list of states that share reciprocity with Florida is  subject to frequent changes. The information contained herein is not  intended as legal advice or any restatement of law. Restrictions on  non-resident permits, persons under 21 years of age, qualifying permit  classes, or other factors that may limit state reciprocity are not  included in this information. A licensed, local attorney should be  consulted for accurate interpretation of the law in specific situations.  


All State, Federal, and Local laws must be followed.


Florida will not recognize a non-resident concealed carry permit from another state.


Check  other state’s reciprocity agreements to determine if a Florida  non-resident concealed carry permit is valid there. Florida State Laws  Overview, Purchase, Possession, and Carrying Firearms 


PURCHASE AND POSSESSION


A  state permit is not required for the purchase or possession of a  handgun, shotgun, or rifle. It is illegal for a convicted felon to have  in his/her possession, control, care, or custody any firearm, or to  carry a concealed weapon until such time as his/her civil rights are  restored.


The following persons may not own, possess or use any firearm: drug addicts, alcoholics, vagrants, and mental incompetents. 


Any  person, who currently has a restraining order for acts of domestic  violence issued against them, may not be in possession, control,  custody, or care of any firearm or ammunition. 


It  is illegal to transfer, lend, sell, give or trade a firearm or any  weapon (with the exclusion of a common pocket knife) to any person under  the age of 18 without his parent’s written consent, or to any person  not of sound mind. 


It is illegal for any firearms  dealer to sell or transfer any gun, pistol, Springfield rifle or  repeating rifle to any person under the age of 18. 


A  minor less than 18 years of age may not possess a firearm, other than  an unloaded firearm at his home, unless engaged in lawful activities. 


A  licensed gun dealer, manufacturer or importer may not lawfully sell or  deliver a firearm to any other person before obtaining a completed form  from the buyer or receiver and securing approval from the Department of  Law Enforcement through a toll-free telephone call. The Department of  Law Enforcement is instructed to destroy any record of approval and non-  approval within 48 hours of its decision. The instant check fee will be  $8.00. The following are exempt form the instant check fee: Licensed  dealers, manufacturers, importers, law enforcement, correctional and  probation officers, collectors, and persons with a concealed carrying  license.


There is a three-day waiting period to  purchase a handgun from any retailer. This three-day period does not  include weekends and legal holidays. Concealed weapon permit holders, as  well as those trading-in another handgun are exempt from the waiting  period. 


Carrying A Firearm


It  is unlawful for any person to openly carry or conceal any firearm on  their person without the required permit with the exception of: 


Any person having a gun in their place of business or home.


Members  who are enrolled in clubs organized for the sport of target, skeet, or  trap shooting, in transit to/from shooting practice, and while at  shooting facility.


Members enrolled in clubs specifically  organized for gun collecting, including antique guns or modern firearms,  in transit to/from exhibitions and while at exhibition facility.


Any person transporting firearms for fishing, hunting or camping activities and while at activity.


Any person transporting firearms to/from shooting practice outdoors, and while at shooting location.

Any person transporting firearms for target practice to/from an indoor shooting range, and while at range.


Any  person traveling by private means if the weapon is stored in a secure  case, or traveling by public transport whereby the firearm is secured in  a case and not within manual possession.


Any person transporting an unloaded firearm in a secure wrapping to/from place of purchase or repair establishment.


Any  person who repairs, deals, or manufactures firearms.Law enforcement,  military, or guard personnel, in the course of employment.


It  is legal to own a concealed weapon for self-defense purposes or other  lawful reasons inside a private conveyance, without a license, if the  firearm is secured within a case and is not readily accessible for  immediate use.


If a firearm, other than a handgun is carried  within a private conveyance for legal use, it is permitted in the state  of Florida.


This provision does not cover the carrying of a  firearm concealed anywhere on a person. Employers cannot restrict their  employees who are legally permitted to carry a firearm, from storing any  legally owned gun inside a secured, private vehicle that is parked in a  designated parking area on the employer’s property.


The  application for a license to carry a concealed firearm in the state of  Florida is processed through the Department of Agriculture. The 7-year  license in recognized through the entire state and is completed, under  oath, on a Department of Agriculture form that includes the applicant’s  name, address, date and place of birth, occupation and race. The  licensing fees can be found  at, http://licgweb.doacs.state.fl.us/license/fees.html .


A  state law enforcement agency must provide fingerprinting for the  applicant. The sheriff’s office will provide fingerprinting for fee no  more than $5. 

The Department of Agriculture may issue a license based on the following criteria: 


Applicant  is at least 21 years of age and a citizen of the UnitedApplicant does  not suffer from a physical medical condition that inhibits his/her  ability to safely handle a firearm.


Applicant is not a convicted felon.


Applicant  has not been convicted of any crime of violence within three years from  the date of application and has not been convicted of any minor drug  offense, or been committed for drug abuse.


Applicant has not  been determined to be guilty of a felony or misdemeanor crime of  domestic violence, even if the sentence has been suspended, unless it  has been a period of three years since probation, or the applicant’s  record has been expunged or sealed.


Applicant is not currently under a restraining order for domestic violence or repeated violence.


Applicant  has been determined to be incapacitated, unless a waiting period of  five years has passed from the date of court-ordered restoration to  capacity, or has been committed to a mental institution, unless he can  produce a psychiatrist’s certificate hat states that he has been without  the impairment for a period of five years.Applicant is not a chronic  alcohol abuser.


Applicant can demonstrate multiple modes of  competency with the firearm and requests the right to carry a concealed  weapon for the lawful purpose of self-defense.


Some members of  the U.S. Armed Forces may be issued a firearm or concealed weapon  license regardless of age or U.S. residency in specific circumstances.

A license does not allow any person to carry a firearm or concealed weapon into any of the following: 


Any  place of nuisance, a courthouse, detention facility, police station,  polling place, assembly of state, county, municipal, or special district  governing government, a school, a professional or school athletic  event, unless related to shooting. A person may not carry a concealed  weapon or firearm into an establishment or any part of the establishment  meant to dispense alcohol for consumption at the location, or in the  passenger or sterile area of any airport, or in any area where federal  law prohibits this. 

Within 30 days of losing or  having destroyed a firearms license, or moving to a permanent residence,  the Department of Agriculture must be notified. The cost for a  duplicate license is $15.00. The license must be carried together with a  valid form of identification, such as a driver’s license. 


The  law governing licensing will be interpreted in such a manner as to  uphold the Constitutional right to bear arms for self-defense purposes. 


A  U.S. resident who is not a resident of Florida, can legally carry a  concealed weapon or concealed firearm in the state if that person is at  least 21 years old, possesses a valid license to carry a concealed  firearm or weapon that has been issued by the state in which he/she  currently resides and agrees to abide by Florida laws that regulate the  carrying of a concealed firearm or weapon. The person must also agree to  abide by all Florida state laws governing carrying and concealment of a  firearm. 


Antiques And Replicas 


An  antique firearm is not defined as a firearm if it is manufactured  before or in the year 1918, or is a replica manufactured before or after  1918, or uses fixed ammunition in or before 1918, where ammunition is  no longer manufactured in the U.S. and cannot be obtained from ordinary  commercial trade. 


Machine Guns 


Any  firearm, which is designed to shoot more than one round of ammunition  in succession without reloading, is prohibited unless legally owned  under provisions set forth by federal law. 

Range Protection

Any  person who operates or is in use of a range for sport shooting purposes  is not in violation of nuisance ordinances if in compliance with noise  pollution controls, during construction of the range or the initial  operation of the range. 


823. 16. The following  will define Sport shooting ranges, outline exemptions from specified  rules, exemptions from liability, exemptions from nuisance actions, and  contingencies of operation. 


(1) Definitions—In accordance with this act, these terms will have the following meaning: 

(a)  “Unit of local government” this will mean a branch of local government  created by law, including, but not limited to, a city, county,  metropolitan government, town, village, municipality, consolidated  government, metropolitan government. 

(b) “Person”  refers to an individual, proprietorship, corporation, partnership,  association, club, or more than one person having a common interest, or  any other legal entity. 

(c) “Sport shooting range”  or “range” refers to an area created and operated for the use of  rifles, shotguns, silhouettes, skeet, trap, pistols, black powder, or  other similar kind of sport shooting. 


(2)  Notwithstanding any other law, a person operating or using a sport  shooting range in the state of Florida will not face civil liability or  criminal prosecution relating to noise or noise pollution because of  operation or use of a sport shooting range, if the range complies with  control laws or ordinances adopted by any local government which applies  to the range at the time the range is constructed or in initial  operation. 


(3) An operator or user of a sport  shooting range is not liable for nuisance, and a Florida court will not  enjoin the use or operation of a sport shooting range because of noise  or noise pollution, if the range complies with noise control laws or  regulations that apply to the range at the time of construction or  initial operation. 


(4) Any rules adopted by a  state department or agency that limit noise in terms of decibels which  may occur outdoors will not apply to a sport shooting range that is  exempt under this act. 


(5) Anyone that acquires  property that is negatively affected by a permanent and improved, sport  shooting range may not take action for nuisance against the range owner  to restrict or inhibit the use of the range where there is no change in  the range itself or use of the range. This act does not disallow any  action for negligent or reckless operation of a sport shooting range or  any person who uses the range. 


(6) A sport  shooting range that does not violate any existing law at the time an  applicable ordinance is enacted will be permitted to continue to operate  though the sport shooting range does not conform to the new ordinance  or an amendment to an existing ordinance, as long as the range was not  violating any law when it was constructed and as long as the range  continues to comply with current National Rifle Association shooting  range, and gun safety standards. 


(7) Unless  otherwise provided in this act, this does not prohibit a local  government from governing the construction and location of any sport  shooting range after the date, the act is effective. 


MISCELLANEOUS


Under  Florida law, a person may defend himself/herself with deadly force if  they perceive that they or another person are in danger of death or  great bodily harm and are attacked in a place that they are lawfully  allowed to be. 


Any person under the age of 16 is  prohibited from using any firearm, BB gun, air or gas-operated guns, or  electric weapons or devices, unless under the supervision of a parent or  person acting as a parent. 


Any serious felony  committed with a firearm, including murder, rape, aggravated assault,  robbery, or burglary carries a mandatory sentence in the state of  Florida. If a serious felony is committed while in possession of a  semiautomatic firearm or machine gun with magazine capacity of over 20  centerfire cartridges, the penalty will be increased. 


It  is illegal to fire a gun in any public place, or on the right of way of  a paved, public roadway highway or street or over a street, highway, or  road, or building that is occupied unless in the act of defending life  or property, while performing official duties or where legally allowed  to hunt. 


It is illegal to carry a firearm within  national forest limits, unless it is during the hunting season. Persons  who possess a special permit issued by the county commissioners or are  traveling on state roads with a securely locked firearm, within their  vehicle are exempt. 


Except in self-defense  situations, it is illegal to display or carry a firearm in in the  presence of others while exhibiting the firearm in a rude, careless,  angry, or threatening manner. 


The Florida state  legislature is in regulation of firearms and ammunition. Any political  subdivision of the state may not legally take action against a firearms  or ammunition distributor or manufacturer for legally manufacturing,  marketing, distributing, and selling of firearms and ammunition. 


There  is limited liability for any owner, operator, or user of a sport  shooting range for the accumulation of projectiles on the range. 


Any  bullet designed for use in a handgun as an armor-piercing bullet,  including a bullet with a steel inner core, or core with equivalent  hardness and truncated cone, may not be sold, delivered, or used to  assist in the commission of a crime. 


It is illegal  to leave or store a firearm within reach or easy access of a minor less  than 18 years old. This does not apply to the following:


A  gun that is stored securely in a locked box or container, or stored in a  location that would be reasonably considered secure, or locked securely  with a trigger lock;


A person under the age of 18 who obtains  a gun by means of illegal entry or from another person who has entered a  location illegally;


A person under the age of 18  participating in a marksmanship competition or practice, or other legal  shooting activity for recreation; 


A person carrying the  firearm on his person or within close proximity whereby they could  retrieve and use it as easily and quickly as if they were to carry it on  their own person.


It is a felony of the third degree to leave  a loaded firearm within reach or easy access of a minor under 16 years  old, through culpable negligence.


If the minor uses the firearm to inflict injury or death on himself/herself or others, the following subsection does not apply: 


If  the gun was stored securely in a locked box or container or left in a  location whereby a reasonable person would consider it secure, or was  locked with a trigger lock securely;If the minor obtains the gun through  illegal entry or from another person who has entered a location  illegally;


To any injury that results from a target  or sport shooting accident or hunting accident orTo Armed Forces,  National Guard, State Militia, police or other law enforcement officers,  with respect to minor firearms possession in the course of official  duties.


STATE CONSTITUTIONAL PROVISION


(a)  The right of the people to keep and bear arms in defense of themselves  and of the lawful authority of the state shall not be infringed, except  that the manner of bearing arms may be regulated by law.


(b)  There shall be a mandatory period of three days, excluding weekends and  legal holidays, between the purchase and delivery at retail of any  handgun. For the purposes of this section, “purchase” means the transfer  of money or other valuable consideration to the retailer, and “handgun”  means a firearm capable of being carried and used by one hand, such as a  pistol or revolver. Holders of a concealed weapon permit as prescribed  in Florida law shall not be subject to the provisions of this paragraph.  


(c) . . . anyone violating the provisions of subsection (b) shall be guilty of a felony.


(d)  This restriction shall not apply to a trade in of another handgun.”  Article 1, Section 8. The legislature of the State of Florida, in a  declaration of policy incorporated in its “Weapons and Firearms”  statute, recognizes that adult citizens of the state retain their  constitutional right to keep and bear firearms for hunting and sporting  activities and for defense of self, family, home, and business and as  collectibles. Article 1, Section 8.


Reference:  https://www.shooting.org/