By John Mascolo, Esq. | Legally reviewed by Jeff Burtka, Esq. | Last reviewed October 30, 2024
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Laws related to gun control remain controversial whether in Congress or at the state legislature.
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.
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.
Even though most gun regulations happen at the state level, key federal gun laws apply nationwide.
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, like convicted felons and drug users, from possessing firearms.
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.
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.
In 2005, Florida passed the nation's first stand-your-ground law. 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.
The stand-your-ground law was the first of its kind to remove the duty to retreat before using force in self-defense. 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.
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 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.
The Marjory Stoneman Douglas High School Public Safety Act was signed into law on March 9, 2017. It was named for the site of the tragic Parkland school shooting which occurred on February 14, 2017.
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, devices that make semi-automatic rifles fire like automatic ones.
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.
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.
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.
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.
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:
Depending on the location, there may be exceptions for law enforcement officers or designated security officers.
The laws regulating gun ownership and use vary significantly by state. Links to Florida's key gun control laws appear in the table below.
Relevant Florida Gun Statutes (Laws) |
Florida Constitution, Article I
Florida Statutes, Title XLVI, Chapter 790, Weapons and Firearms, Sections 790.001 through 790.401
|
|---|---|
Illegal Arms |
The following weapons and accessories are illegal in Florida, unless possession or ownership is compliant with federal law:
|
Waiting Period |
Florida has a mandatory three-day waiting period between the purchase and delivery of a firearm from a licensed dealer. The period does not include weekends and holidays. The period will extend past three days if a background check is not completed. The waiting period does not apply when:
|
Who May Not Own |
A person may not own a firearm if they:
|
License Required? |
Florida does not require a permit or license to own a gun. |
Concealed Carry License Required? |
Florida does not require a permit or license to carry a concealed firearm in Florida. However, you must be legally able to possess a gun and there are location restrictions. |
Open Carried Allowed? |
Open carry is illegal in Florida under most circumstances. |
Eligibility for a Concealed Carry License |
To obtain a concealed weapons permit, a person must:
|
Machine Gun Laws |
Florida prohibits any person from owning or possessing a machine gun that is, or may readily be made, operable, except for antique firearms or firearms that are permitted under federal law. |
Penalties for Illegal Firearm Possession |
Most possession of illegal firearm offenses are third-degree felonies, but illegal possession of a short-barreled rifle, short-barreled shotgun, or machine gun is a second-degree felony. unlawful open carry of a firearm is a second-degree misdemeanor.
|
Penalties for Illegal Possession on or Near School Grounds |
It is a third-degree felony to trespass while in possession of any firearm upon school property. A third-degree felony carries up to five years imprisonment and up to a $5,000 fine. It is a second-degree misdemeanor for someone who can legally carry a concealed handgun to carry a concealed firearm into a school or to a school event not related to firearms. A second-degree misdemeanor carries up to 60 days imprisonment and up to a $500 fine. |
Red Flag Law? |
Yes. Florida enacted a red flag law in 2018. Under the law, a law enforcement officer or a law enforcement agency can petition a court for an order. The petition must allege that the person poses a significant danger of causing personal injury to self or others by having or purchasing a firearm or ammunition. The court must find clear and convincing evidence to issue such a risk protection order. An order can remove firearms; ban new purchases; and last up to one year. |
Universal Background Checks? |
No. Florida does not regulate the private sales of firearms. Therefore, such transactions do not require background checks. |
Stand Your Ground Law? |
Yes. Florida law allows the use or threat of deadly force when a person reasonably believes such conduct is part of necessary self-defense to prevent imminent death or great bodily harm or the imminent commission of a forcible felony. In such situations, the person has no duty to retreat and may stand their ground so long as they are not engaged in criminal activity and are in a place they have a right to be. |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
In 2022, the U.S. Supreme Court issued an important gun rights decision in the case of New York State Rifle & Pistol Association v. Bruen. In striking down a New York concealed gun license law, the Court found that the Second Amendment of the U.S. Constitution recognizes the right to carry a gun in public for self-defense.
In Bruen, the Court issued a new "historical test" for court review of gun regulations that burden the right to bear arms. The Court rejected a prior test used by courts to first assess whether a regulation burdens the right to bear arms and then second, conduct a means-end balancing test of the government's stated public safety reasons for the law. Now, courts must assess whether a regulation burdens the right to bear arms and then look for similar laws that existed at the time of the nation's founding to justify the law.
After Bruen, gun owners have challenged several pre-existing gun laws. Mixed results from the courts have made this area of the law quite volatile. Recently, a panel of the Eleventh Circuit Court of Appeals rejected a challenge to the federal ban on firearm possession by convicted felons. The Eleventh Circuit covers the states of Florida, Georgia, and Alabama.
Florida laws regulating firearms can be complex, especially given the interplay of state and federal law. If you want to understand your rights and responsibilities as a gun owner, or if have a criminal case involving guns, consider speaking with an experienced criminal defense attorney in Florida.
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