Answering Your Questions Surrounding Concealed Carry
What Florida Gun Owners Need To Know
As of July 1, 2023, House Bill (HB) 543 is now in effect. This new law allows Floridians to carry a concealed weapon without needing the formerly required concealed carry permit. The evolving regulations around gun carry in Florida have left many unanswered questions; plus there are some notable topics that aren’t being addressed. With the following, we aim to help citizens understand what is changing, how to protect themselves in a court of law, and address other common questions surrounding concealed carry.
Q: First, what exactly is changing? Can anyone carry a gun now in Florida?
A: To be clear, this is not a change that allows open carry. That means it is still illegal to openly and publicly carry a gun in plain sight. Your firearm must be concealed and not visible to the ordinary sight of others. Openly displaying a firearm in public is against the law. See 790.25(3)(h) open carry permitted hunting, fishing, camping, or returning from a hunting fishing, or camping “expedition.l”
Guns that are purchased still abide by Florida law and must be concealed. The same rules for who can purchase a concealed weapon still apply: “Buyers must be at least 21 years old, be a legal US citizen, be a permanent Florida resident, undergo a background check, cannot be an unlawful user or addicted to controlled substances, and cannot have a disqualifying condition, such as a felony charge, a misdemeanor charge, or injunction.” Source
There is a conflict with federal law- you cannot own, purchase, or possess a firearm under federal law if you are an unlawful user of drugs, including marijuana, regardless of whether Florida has legalized medical marijuana and you have a “legal” prescription in Florida. Marijuana is still classified as a Schedule I substance and illegal under federal law. See https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download. Specifically question 21(g)
Q: Is there a benefit to having a concealed carry license necessary for carrying a firearm in Florida?
A: Yes, having a valid concealed carry license in Florida will ensure that you have demonstrated a minimum level of competency and understanding of the laws regarding concealed carry, self-defense situations, and the responsible storage of firearms. If you ever find yourself in court, having a permit could be favorable to your case. But even more importantly, since you have been trained, you probably won’t break the law unknowingly in the first place. Plus, there are reciprocity benefits with other states as well.
Q: What is the significance of reciprocity with other states regarding concealed carry licenses?
A: Reciprocity allows you to carry a concealed firearm in states that have entered into agreements with Florida. If you have a valid Florida concealed carry license, you automatically have a lawful carry in those reciprocal states. However, it’s essential to be aware of the specific laws and regulations of each state you visit, as they may differ from Florida’s laws.
Q: Can I carry my firearm anywhere within the state of Florida?
A: In short, no. Laws surrounding when and where you have a gun have not changed and it is your responsibility to know what those laws are. You cannot carry a firearm, even with a valid permit, in government buildings, schools, college campuses, airports, places that exclusively sell alcohol, and other locations specified by law. Nor can you be intoxicated or dependent on a federally illegal substance while carrying a gun. Ignorance of these restricted areas is not a defense and can lead to felony charges if you’re caught carrying in prohibited places.
Q: Can my employer restrict me from carrying a firearm into the workplace?
A: Yes, your employer has the right to establish policies regarding firearms at their place of business. They may prohibit employees from carrying firearms while on the premises, and failure to comply with their policies could lead to disciplinary action or termination. Your employer cannot prevent you from having a firearm stored in your vehicle in the parking lot.
Q: How does carrying a firearm while in possession of medical marijuana affect the legal consequences?
A: Possessing a firearm while also having a medical marijuana card can result in severe legal consequences. As marijuana is classified as a Schedule 1 drug under federal law, its use or possession in conjunction with a firearm can lead to enhanced charges. State laws might have changed, but there are federal laws you must consider as well. Possessing marijuana and a firearm is a federal crime and this can increase the severity of a felony charge and carry sentences of up to 15 years in state prison. See above
Q: What are the key differences between “Stand Your Ground” and the “Obligation to Retreat” laws in Florida?
A: This is important to know in order to protect yourself from an escalating situation. Under the “Stand Your Ground” law, you have the right to defend yourself without any obligation to retreat from a threat. This means that if you reasonably believe you are in imminent danger of death or greatly bodily harm, you can use force, including deadly force, to protect yourself. The statute says:
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. 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 if the person using or threatening to use deadly force is not engaged in criminal activity and is in a place where he or she has a right to be.
Q: How should I handle a routine traffic stop if I am carrying a firearm?
A: Whether you have a permit or not, it’s important that you cooperate with the officer and don’t make any sudden movements. During a routine traffic stop, it’s crucial to keep your hands visible on the steering wheel and follow the officer’s instructions. If you have a firearm in the vehicle, do not retrieve it or hand it to the officer, even when asked to do so. We recommend asking the officer if you can slowly exit the vehicle so that they may retrieve it themself. Reaching for a firearm, or retrieving and displaying a firearm, in an attempt to hand it to an officer presents an unnecessary risk of misinterpretation of the situation which could, and has in the past, led to officers shooting the occupants of the vehicle.
There is no doubt that this law will impact Florida. With or without a permit, anyone in possession of a firearm will still be held accountable to the law. It is in your best interest to study the laws to prevent yourself from knowingly committing a crime. Ignorance is not a defense in court, so do your due diligence to prevent yourself from ending up on trial.
As laws keep evolving, it’s important to stay up-to-date on what your rights are and how to be a responsible citizen of the law. If you or someone you know has questions about a criminal case, our team of experts offers free consultations to help determine if you have a case.