Overview of State’s Concealed Carry Laws
Florida has a long history of firearm ownership and concealed carry regulations. Residents and visitors need to know these laws. This document summarizes Florida’s concealed carry laws, covering eligibility, the permitting process, restrictions, and responsibilities.
Have you been charged with carrying a concealed weapon in Florida? Get help from a concealed weapons lawyer. Because these charges are serious and can cause felony charges and a criminal record, a trusted criminal defense lawyer can explain the charges and your rights.
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Working with a Concealed Carry Weapons Lawyer
Why you need an attorney:
Complexity of Florida gun laws:
Florida gun laws are complicated, and a criminal defense attorney can explain the legal system, helping you understand the statutes and find potential defenses.
Severe penalties:
Carrying a concealed weapon without a license is a third-degree felony in Florida and can lead to five years in prison and a $5,000 fine.
Investigation and evidence gathering:
A criminal defense attorney can investigate the charge’s circumstances, gather evidence, and interview witnesses to build a defense.
Your rights:
An attorney can detail your rights, advise you on the process, and protect your rights.
Negotiation and plea bargaining:
An attorney can negotiate with prosecutors on your behalf for reduced charges, alternative sentencing, or even a dismissal.
Develop a defense strategy:
An attorney can develop a customized defense strategy based on your case, challenge the prosecution’s evidence, or raise reasonable doubt about the charge.
Eligibility
To be eligible for a concealed carry license in Florida, you must meet several requirements. These laws ensure that individuals carrying concealed weapons are law-abiding and responsible citizens.
- Age: 21 years old.
- Residency: A resident of the United States and a legal resident of Florida for the past six months.
- Firearms Training: Complete a firearms training course with a certified instructor. This training must include live fire and cover firearms safety, handling, and laws.
- No Felony Convictions: You must have no felony convictions unless the court has reinstated your civil rights.
- No Domestic Violence Injunctions: No active injunction for protection against domestic violence.
- No Mental Health Adjudications: You may not be found mentally incompetent, or you must not have been committed to a mental institution unless the court has restored your competency.
- No Substance Abuse: No history of substance abuse or dependence.
Applying for a Concealed Carry License
The application process for a concealed carry license in Florida involves several steps. These steps enable the Florida Department of Agriculture and Consumer Services (FDACS) to vet each applicant thoroughly.
- Firearms Training: Enroll in and complete a firearms training course with a certified instructor. Get a certificate of completion.
- Gather Required Documents: Collect all required documents, application forms, and firearms training certificates.
- Submit Application: Apply and required documents to FDACS. Online or by mail.
- Fingerprinting: Get electronic fingerprinting at an approved Live Scan service provider.
- Background Check: FDACS will run a thorough background check, including criminal history and mental health records.
- License Issuance: FDACS will issue a concealed carry license for seven years if approved.
Reciprocity
Florida recognizes concealed carry licenses from other states, and other states recognize Florida’s license. This reciprocity allows license holders to carry concealed weapons in participating states.
Here’s more:
Reciprocity Agreements:
Florida recognizes concealed carry licenses and permits from other states that also recognize Florida’s licenses, so permit holders can legally carry concealed across state lines.
Florida’s Permitless Carry:
As of July 1, 2023, Florida is a permitless carry state, so residents can carry concealed weapons without a permit. However, permits are still available if you want to carry in states that recognize a Florida permit.
Where You Can’t Carry Concealed
A concealed carry license allows you to carry weapons, but there are places where you can’t. These sanctions are to protect public safety and follow federal and state laws.
- Courthouses: No firearms in courthouses and court facilities.
- Schools and Educational Institutions: No firearms on school grounds, including colleges and universities.
- Government Buildings: No firearms in government buildings, including legislative offices and city halls.
- Polling Places: No firearms are allowed in polling places during elections.
- Bars and Restaurants Serving Alcohol: Authorities restrict carrying firearms in alcohol establishments.
- Airports and Aircraft: No firearms are allowed in airport secure areas or commercial aircraft.
- Law Enforcement Facilities: No firearms in law enforcement facilities, including police stations and jails.
License Holder Responsibilities
Concealed carry license holders have specific responsibilities to abide by the law. These laws include always carrying the license, notifying law enforcement during encounters, and understanding the use of force.
- License Possession: License holders must always carry their concealed carry license when carrying a concealed weapon.
- Notification to Law Enforcement: License holders must inform the officer that they carry a concealed weapon during an encounter with law enforcement.
- Use of Force: License holders must understand the legal requirements for using force, including self-defense laws and the Castle Doctrine.
- Renewal: You must renew licenses every seven years. Licensees are responsible for initiating the renewal process before the expiration date.
Penalties
If you don’t follow Florida’s concealed carry laws, you’ll face severe penalties, including fines, imprisonment, or the forfeiture of a concealed carry license.
- Carrying Without a License: Carrying a concealed weapon without a valid license can be a crime.
- Carrying in Prohibited Places: Carrying a concealed weapon in prohibited places can cause fines and penalties.
- Improper Use of Force: Using force unlawfully can be a crime and civil lawsuit.
Law Changes
Florida’s concealed carry laws can change. License holders must stay informed.
- Legislative Changes: State legislators can introduce and pass new laws or amendments.
- Court Decisions: Court decisions can affect the interpretation and enforcement of concealed carry laws.
- FDACS Changes: The Florida Department of Agriculture and Consumer Services (FDACS) can update or change rules and procedures for concealed carry licenses.
Speak to a Criminal Defense Lawyer Who Is Experienced in Concealed Weapons Charges
Florida’s concealed carry laws are comprehensive and balance individual rights to carry with public safety. License holders can carry out their work responsibly and legally by understanding and following the laws. Always consult legal professionals for specific advice and stay informed of law changes.