Gun laws in Florida

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Location of Florida in the United States

Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.

Florida is a "shall issue" state, and issues concealed carry licenses to both residents and non-residents. Florida recognizes licenses from any other state which recognizes Florida's license, provided the non-resident individual is a resident of the other state and is at least 21 years old[1] or may be under 21 if the applicant is a member or veteran of the United States Armed Forces.[2]

Summary table[]

Subject/Law Long Guns Hand Guns Relevant Statutes Notes
State permit required to purchase? No No
Waiting period? Yes Yes Fla. Const. Article VIII § 5(b)
Fla. Stat. § 790.0655		 The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks, whichever occurs later.
Individual counties can require a waiting period of up to five days.
This requirement is waived for holders of a Florida Concealed Weapon license.
Firearm registration? No No Fla. Stat. § 790.335
Assault weapon law? No No
Magazine capacity restriction? No No
Owner license required? No No
Red Flag law? Yes Yes Fla. Stat. § 790.401 The police can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others.
Permit required for concealed carry? N/A Yes Fla. Stat. § 790.01
Fla. Stat. § 790.06		 Florida is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Machine guns are not considered concealed weapons.
Permit required for open carry? N/A N/A Fla. Stat. § 790.053
Fla. Stat. § 790.25(3)		 Open carry of firearms is generally banned except for certain protected places and activities, including in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
Castle Doctrine/Stand Your Ground law? Yes Yes
State preemption of local restrictions? Yes Yes Fla. Stat. § 790.33
NFA weapons restricted? Yes Yes Fla. Stat. § 790.161
Fla. Stat. § 790.222		 Destructive devices are banned. Bump stocks are banned.
Peaceable Journey laws? No No
Background checks required for private sales? No No
Purchase age restriction? Yes Yes Fla. Stat. § 790.065(13) The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. The law restricting all long guns to those over 21 years old is being challenged in a lawsuit.[3]
The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, or a servicemember.


Preemption[]

Florida law prohibits localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses) and as provided for in the Florida Constitution in regards to regulating sales by non-licensed sellers in public forums.[4] The Florida Legislature has since 1987 occupied the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation. Due to a lack of penalties associated with violating the preemption statute, it was almost universally ignored by city and county authorities until, on December 7, 2010, Representative Matt Gaetz introduced a bill to the Florida Legislature adding penalties for violating the existing preemption statute. It was signed into law by Governor Rick Scott on June 2, 2011.[5] Penalties may include fines, removal from public office, termination of employment and other punishments,[6] however the penalties have been ruled unconstitutional.[7]

Firearms carry[]

Concealed carry[]

Firearms regulations are uniform throughout Florida, and a carry license is valid everywhere other than in a few specially defined areas. These prohibited places include any police station, prison, courthouse, polling place, government meeting place, airport (inside the passenger terminal and sterile area), seaport, or tavern.[8] Concealed carry is also prohibited in any school, except for authorized security personnel, armed marshals, and school employees and teachers who have received special training.[9][10][11]

Anyone lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.[12]

Currently, Florida's Concealed Weapon License is one of the most widely recognized, state-issued concealed weapon licenses. The resident Florida Concealed Weapon License is recognized in thirty-seven different states, while the non-resident Florida Concealed Weapon License is recognized in thirty states.[13]

"Concealed firearm" is defined in F.S.S.790.001(2) as "any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person."[14]

Unlicensed concealed carry is allowed during a mandatory evacuation as a result of a state of emergency for up to 48 hours, which may be further extended by the governor.[15]

As of 2018, school employees other than classroom teachers may choose to receive special training in order to carry a firearm at school.[16] As of 2019, the program was expanded to include classroom teachers.[17]

Open carry[]

Open carry when on foot in a public area is generally illegal, but is permitted in certain circumstances, as defined by Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, camping, gun shows, or while target shooting at a gun range, and while going to and from such activities.[18] The open carry ban statute was challenged in court[19] but the ban was upheld.[20]

Concealed carry permit reciprocity[]

Florida recognizes firearm carry permit issued by numerous other states

As of September 2019, 37 states recognize the Florida concealed carry permit while 13 states do not recognize the Florida permit.[21]

Recognizes Florida Permit Does Not Recognize Florida Permit
Alabama California
Alaska Connecticut
Arizona Hawaii
Arkansas Illinois
Colorado* Maryland
Delaware Massachusetts
Florida* Minnesota
Georgia New Jersey
Idaho New York
Indiana Oregon
Iowa Rhode Island
Kansas Washington
Kentucky Wisconsin
Louisiana
Maine**
Michigan*
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire**
New Mexico
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania*
South Carolina*
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wyoming

*Must be a Florida resident (**States that have permitless carry but permit recognition law still requires residency)

Vehicle carry[]

Vehicle carry is legal without a license when a handgun is not available for immediate use or on someone's person.

Handguns must be either "securely encased" F.S. 790.25(3)(l) or not immediately available for use.[22] "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.[23] Carry of a Handgun on one's person inside a vehicle without a license is not permitted (except in the case of open carry in accordance with the law outlined above). Once a handgun is securely encased, it can be stored anywhere inside the vehicle and is not limited to just the glove compartment/center console. "Yet, pursuant to the unambiguous language of section 790.25(5), even a securely encased weapon does not fall under the private conveyance exception if it is carried on the person. Doughty v. State, 979 So. 2d 1048, 1050 (Fla. 4th DCA 2008)(Internal citation marks omitted)

Long guns may be anywhere in a private conveyance when such firearm is being carried for a lawful use.[24]

As of July 1, 2008, Florida became a "Take your gun to work" state (F.S. 790.251). This law prohibits most businesses from firing any employee for keeping a legal firearm locked in his or her vehicle in the company parking lot. The purpose of the new law is to allow citizens to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, nuclear power plants, national defense facilities, facilities for explosives or combustible materials, or a motor vehicle owned, rented, or leased by a person's employer.

A case was filed against Walt Disney World Resort by a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing no weapons allowed policy. The case was later dropped by the plaintiff citing personal and financial reasons. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.[25][26]

Castle doctrine and "stand your ground"[]

"Castle doctrine" refers to the generally accepted common-law principle that one is not required to retreat when in one's own dwelling. Eliminating the requirement to retreat outside the home (i.e., in public) is generally referred to as a "stand your ground" law. As of October 1, 2005, Florida became a "No Duty to Retreat" (i.e., Stand Your Ground) state. Florida Castle Doctrine law establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

With the passage of Florida's Stand Your Ground law, this principle now also applies in any other place where a person "has a right to be." Essentially, that person has "no duty to retreat" if attacked and may "meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony". Note that all of the generally accepted common-law principles of self-defense must still be followed.[27]

A person who uses force within the parameters of the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful. If a civil action is brought and the court finds the defendant to be immune under the law, the defendant will be awarded all costs of defense.

Firearm sales[]

Buyers must be at least 21 years old to purchase any firearm in Florida from a licensed vendor.[28] There is a waiting period of the longer of 3 business days or until background checks clear unless the purchaser has a concealed carry permit, is trading in a different firearm, the purchase is for a rifle or shotgun and the purchaser has completed a 16-hour hunter safety class in addition to holding a hunter safety certification card, or the purchaser is law enforcement or military.[29]

As state law on waiting periods and background checks do not apply to sales by non-licensed sellers, the Florida Constitution, Art VIII Sec. 5(b), permits counties to enact ordinances that require a criminal history records check and a 3 to 5-day waiting period for non-licensed sellers when any part of a firearm sale is conducted on property to which the public has the "right of access",[30] such as at a gun show conducted on public property. These local option ordinances may not be applied to holders of a concealed weapons license.[29] Only Miami-Dade, Broward, Palm Beach, Hillsborough, and Volusia counties had enacted such ordinances.[31]

Risk protection order[]

Under Florida's red flag law, law enforcement can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others.[32][33] Some counties have adopted Second Amendment sanctuary resolutions in response.[34][35]

Bump fire stock[]

The possession of a bump stock is illegal. According to Florida Law, the term “bump-fire stock” means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device. (F.S. 790.222). A class action lawsuit challenging the ban as an unconstitutional taking requiring just compensation was unsuccessful in the Leon County circuit court in May 2019[36] and in the 1st District Court of Appeal in January 2021.[37]

See also[]

References[]

  1. ^ Florida Statutes, Chapter 790: Weapons and Firearms
  2. ^ Florida Statute 790.062 Members and veterans of United States Armed Forces; exceptions from licensure provisions
  3. ^ Ingraham, Christopher. "NRA sues Florida over plan to put age limits on rifle purchases". Washington Post. Retrieved November 24, 2019.
  4. ^ "Florida Constitution Article VIII Section 5".
  5. ^ "CS/CS/CS/HB 45 (2011) - Regulation of Firearms and Ammunition | Florida House of Representatives".
  6. ^ http://www.flsenate.gov/Laws/Statutes/2013/790.33
  7. ^ Hanks, Douglas (July 26, 2019). "Florida's $5,000 fine for enacting local gun-control laws struck down by judge". Miami Herald. Retrieved August 8, 2019.
  8. ^ "Other Location Restrictions in Florida". Giffords Law Center to Prevent Gun Violence. November 16, 2017. Retrieved March 11, 2018.
  9. ^ "Guns in Schools in Florida". Giffords Law Center to Prevent Gun Violence. November 16, 2017. Retrieved March 11, 2018.
  10. ^ http://opinions.1dca.org/written/opinions2013/12-10-2013/12-2174.pdf
  11. ^ Holson, Laura M. (October 1, 2019). "Florida Teachers Can Now Carry Guns at School". The New York Times. ISSN 0362-4331. Retrieved January 28, 2020.
  12. ^ http://www.flsenate.gov/Laws/Statutes/2013/790.053
  13. ^ Florida Department of Agriculture and Consumer Services – Division of Licensing
  14. ^ "Florida Statutes, Title XLVI, Chapter 790". Florida Legislature. 2017. Retrieved March 11, 2018.
  15. ^ "Statutes & Constitution: View Statutes: Online Sunshine". www.leg.state.fl.us. Retrieved November 23, 2016.
  16. ^ Astor, Maggie (March 8, 2018). "Florida Gun Bill: What's In It, and What Isn't". The New York Times. Retrieved March 9, 2018.
  17. ^ "Senate Bill 7030 (2019) - The Florida Senate". www.flsenate.gov. Retrieved May 17, 2019.
  18. ^ Section 790.25 Florida Statutes
  19. ^ Dale Lee Norman v. State of Florida
  20. ^ "U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals". Bloomberg.com. November 27, 2017. Retrieved November 28, 2017.
  21. ^ "US States That Honor My Permit" (PDF).
  22. ^ Florida Statutes, Chapter 790.25(5): Weapons and Firearms
  23. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
  24. ^ "Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use." Source: Florida Statutes, Chapter 790.25(5)
  25. ^ Powers, Scott; Garcia, Jason (July 3, 2008). "Walt Disney World fires back on guns at work". Orlando Sentinel. Retrieved February 12, 2018.
  26. ^ Powers, Scott (July 8, 2008). "After protesting gun rule, Disney guard is fired". Orlando Sentinel. Retrieved February 12, 2018.
  27. ^ http://www.flsenate.gov/Laws/Statutes/2013/776.012
  28. ^ "Florida Statute 790.065".
  29. ^ Jump up to: a b "Florida Statute 790.0655".
  30. ^ Open letter to federal firearms licensees from ATF Miami Field Division, November 28, 2011. Retrieved January 1, 2014 via archive.org.
  31. ^ "Florida Constitution, Article VIII Section 5".
  32. ^ Astor, Maggie (March 8, 2018). "Florida Gun Bill: What's In It, and What Isn't". The New York Times. Retrieved March 9, 2018.
  33. ^ Scherer, Michael (March 7, 2018). "Florida Legislature Backs New Gun Restrictions After Parkland School Shooting". The Washington Post. Retrieved March 16, 2018.
  34. ^ Christina Maxouris (November 13, 2019). "A Florida county declared itself a 'Second Amendment Sanctuary.' It's not the first to do so". CNN. Retrieved November 14, 2019.
  35. ^ "Lake County, Florida becomes the first Second Amendment Sanctuary". gunrightswatch.com. Retrieved November 14, 2019.
  36. ^ "Florida 'bump stock' ban lawsuit tossed out". WPTV. May 16, 2019. Retrieved May 24, 2021.
  37. ^ Florida, News Service of (January 28, 2021). "Lawsuit over Florida 'bump stock' ban rejected". WJXT. Retrieved May 24, 2021.
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