Is Florida Open Carry?

Note: 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 former required concealed carry permit. Though there are evolving regulations around gun carry in Florida, laws regarding who can carry, where they can carry, and safety regulations are still in effect. 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 unknowingly committing a crime. Ignorance is not a defense in court, so do your due diligence to prevent yourself from ending up on trial.

Is Florida Open Carry? The Answer Is No

First, understand that Florida does not allow for the open carrying of any handguns. If you display a handgun in a situation that cannot be legally justified as self-defense (according to Florida Statutes 776.012 and/or 776.032), you could be subject to criminal charges. Therefore, firearms cannot be openly carried. 

The primary law pertaining to open carry rights is Florida Statute 790.053, which states “Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm.” This means that you cannot simply walk down the street with a handgun openly displayed. You are allowed to openly carry a weapon on your own property (see Florida Statute 790.25 (n)); however, if you have a guest on your property, they are not legally able to openly carry that weapon, even if you give them permission. If you have questions on the specific application of these laws, you should work with a legal professional. 

Florida CCW Laws: What You Need To Know

Even though you are not allowed to openly carry a handgun in the state of Florida, there are concealed carry options available. If you have a Florida concealed carry permit, you can carry a handgun, tear gas guns, and other electronic weapons. In order to apply for this license, you have to be 21 years of age or older. Furthermore, you also have to complete a training course regarding firearms. That way, you will know how to safely use your gun.

Do You Need a Florida Concealed Carry Permit?

If you are looking for a concealed carry permit, there are several points that you should keep in mind. If you are a current member of the military, or if you have been discharged honorably, you may not have to go through the firearms training course. Furthermore, concealed carry licenses in Florida can be issued to both residents and non-residents. Finally, Florida will only honor concealed carry permits from other states if Florida already has a reciprocity agreement in place. If you have questions about specific reciprocity agreements, you may want to reach out to a trained lawyer at Avera & Smith who can help you. You must make sure you follow all regulations. 

Follow All Laws Related to Open Carry and Florida Concealed Carry

There are a number of gun laws when it comes to the state of Florida. Remember that Florida does not allow for the open carrying of any handguns. If you display a handgun in a situation where you are not trying to defend yourself, you could end up facing criminal charges. That is why you should think about getting a Florida Concealed Weapons License instead. If you apply for a concealed carry license in Florida, you will receive the training you need to use your weapon safely. Remember that Florida is also a castle doctrine state. This means that you can defend yourself and your personal property. If you have any questions about Florida concealed carry or open carry laws, you should reach out to the experienced attorneys at Avera & Smith in Gainesville, FL, for assistance.