Florida Gun Laws

Florida is a shall-issue, permitless carry state with concealed weapons licenses issued at the state level by the Florida Department of Agriculture and Consumer Services (FDACS).

There is no license, background check or firearms registration required when buying a handgun from a private individual. Buyers must be at least 21 years old to purchase any firearm and although several counties have enacted ordinances establishing waiting periods for some purchases from non-licensed sellers (often at gun shows), Florida Concealed Weapons License (CWL) holders are exempt.

Open carry is not legal in Florida, except for a few limited exceptions such as when engaged in fishing, camping, lawful hunting or target practice at an indoor range.

Concealed carry is legal for residents with a Florida CWL and for non-residents with a CCW permit from a state that Florida honors. Permitless concealed carry is legal for anyone 21 years old or older and not prohibited by law to carry a firearm. The Florida CWL allows holders of the license to carry not only a handgun but also other weapons such as electronic weapons, tear gas guns, billie clubs and knives. Applicants must be at least 21 years old and have completed a firearms training course, or be a current member of the military or an honorably discharged veteran. CWLs are issued to residents and non-residents. In terms of reciprocity, Florida will only honor resident CCW licenses from states with which Florida has a reciprocity agreement.

On April 3, 2023, Gov. Ron DeSantis (R) signed HB 543 into law, making Florida the 26th constitutional carry state in the U.S. The new law will go into effect on July 1, 2023.

Use of Force

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

Use of Deadly Force

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

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

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

Self-Defense

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

Disclaimer: The information provided here is sourced from the USCCA (United States Concealed Carry Association) as of September 2023. Please note that information may have changed or evolved since that time. Always verify the most current and accurate information directly from the official USCCA sources or website for the latest updates and guidance. This information is intended for general reference and should not be considered legal advice or a substitute for professional guidance on matters related to concealed carry, self-defense, or firearm ownership. Laws and regulations can vary by jurisdiction, so it is essential to consult with local authorities and legal experts for specific guidance in your area.