{"id":372571,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-gun-control-laws.html"},"modified":"2024-10-30T11:37:00","modified_gmt":"2024-10-30T16:37:00","slug":"florida-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-gun-control-laws.html","title":{"rendered":"Florida Gun Control Laws"},"content":{"rendered":"\n
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Florida Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Jeff Burtka, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Laws related to gun control remain controversial whether in Congress or at the state legislature.<\/p>\n

In recent years, the state of Florida has been a flashpoint. The death of 17-year-old Trayvon Martin in 2012 drew attention to Florida’s Stand Your Ground law. The mass shooting at Marjory Stoneman Douglas High School in Parkland in 2018 represents the deadliest high school massacre in the U.S.<\/p>\n

As in other states, Florida lawmakers must try to balance concerns about gun violence and gun safety with the rights of gun owners. Given its limited regulation of firearms, most outside observers see the state as one that is more favorable to gun rights.<\/p>\n

Federal Firearms Law<\/h2>\n

Even though most gun regulations happen at the state level, key federal gun laws apply nationwide.<\/p>\n

Federal laws license gun dealers. They also limit the ownership of certain dangerous weapons and accessories such as machine guns, sawed-off shotguns, sawed-off rifles, and silencers. For decades, federal law has prohibited certain persons<\/a>, like convicted felons and drug users, from possessing firearms.<\/p>\n

Florida Gun Control Laws<\/h2>\n

Florida gun laws are less restrictive than many other states. The state does not ban assault weapons or limit magazine capacity. It does not require those buying a firearm to first obtain a purchase permit or firearm license.<\/p>\n

However, state law does include a three-day waiting period between the purchase and delivery of a firearm. After the Parkland shooting, the state also passed new gun control laws.<\/p>\n

Stand Your Ground Laws in Florida<\/h2>\n

In 2005, Florida passed the nation’s first stand-your-ground law<\/a>. In 2012, George Zimmerman fatally shot Trayvon Martin, an unarmed teenager. The case and Zimmerman’s subsequent acquittal thrust Florida’s self-defense law onto the international stage, even though the stand-your-ground law was not the focus of the case itself.<\/p>\n

The stand-your-ground law was the first of its kind to remove the duty to retreat before using force in self-defense<\/a>. The Florida statute allows people to stand their ground instead of retreating if they reasonably believe doing so will prevent death, great bodily harm, or the imminent commission of a forcible felony offense.<\/p>\n

Florida’s law also provides immunity from criminal prosecution and civil actions for the person claiming self-defense. If raised in a pretrial immunity hearing, the burden shifts<\/a> to the state to show by clear and convincing evidence that the actions of the suspect (or person on trial) did not amount to self-defense.<\/p>\n

The Marjory Stoneman Douglas High School Public Safety Act<\/h2>\n

The Marjory Stoneman Douglas High School Public Safety Act was signed into law<\/a> on March 9, 2017. It was named for the site of the tragic Parkland school shooting which occurred on February 14, 2017.<\/p>\n

The legislation provided several changes to Florida’s gun control laws. Although it did not ban assault weapons or high-capacity magazines, it did ban bump stocks<\/a>, devices that make semi-automatic rifles fire like automatic ones.<\/p>\n

In addition, the act extended mental health services and included a red flag law that allows courts to temporarily remove firearms from those at risk of harm to themselves or others. The law also allows sheriffs to appoint designated school employees (non-teaching staff) as "guardians" who are required to complete a firearm and safety training course before being armed in the schools.<\/p>\n

Florida Concealed Carry Law<\/h2>\n

Before 2023, Florida required a person who wanted to carry a concealed firearm to complete an application for a license. You needed to apply online or in person, pass a criminal background check, and have proof you completed firearms safety training. This process prevented the issuance of a license to a person prohibited by law from possessing and carrying firearms. It also aided law enforcement in the field.<\/p>\n

In 2023, Florida enacted a permitless carry law. Also known as constitutional carry, the new law allows a person who does not have a Florida concealed weapons license to carry a concealed weapon or firearm. Someone who engages in permitless carry must otherwise be eligible to receive a state license or they violate the law.<\/p>\n

Despite the leniency of the law, many individuals still apply for the actual state license. They do so to qualify for reciprocity in other states. You can find more details about the application process by visiting the website of the Florida Department of Agriculture and Consumer Services<\/a>.<\/p>\n

As with other states, Florida law provides limitations on the carrying of firearms in certain locations. Whether you are a gun license holder or not, the following locations are off-limits with a gun:<\/p>\n