Florida Gun Laws

thomas

Thomas C. Grajek View Profile

Many people want to own a firearm. 

Safewise’s stats for 2020 have indicated that 56% of the population worries about crime. The projected statistics are a whole 10% higher than that of the national average. 

Six percent of the local population has been affected by mass shootings. Also, 26% of Florida residents had illegal trespassers on their properties in the last 12 months, and 15% were witnesses or victims experienced violent crime.

The latter doesn’t even touch on other issues, like domestic violence and abusive behavior that may call for self-defense.

The increasingly violent nature of the era we live in seems to drive us to arm up. People don’t realize that going about it the wrong way could very well land them in the dock. It’s irrespective of whether or not the use of a weapon is justified. 

The gun laws in Florida may seem simple, but it is easy to fall foul of them without the correct knowledge. With self-defense in mind, the best course of action would be to retain an attorney’s services.  The benefit of such a motion is two-pronged; it will keep you out of violation and fortify you. The knowledge and the responsibility that comes with gun ownership is vital.

Eligibility to Purchase a Firearm in Florida

Eligibility to Purchase a Firearm in Florida

  • The good news for future gun owners is that the state doesn’t require you to own a license when buying a gun. Additionally, there is no need to register said guns with the local government. The state’s legislature also allows the individual to buy as many guns as they see fit in a single purchase — the latter stems from the right to bear arms in the first article of the Florida constitution.

In addition to the laws about guns in Florida, the local administration does not regulate the sales of assault rifles, .50 caliber weapons, and the sale of large ammunition capacity magazines.        

Arms dealers do not need licenses to sell firearms.

  • The main criteria for buying a gun is three days between purchase and delivery. Individual counties in the state require waiting periods of up to five days. Everyone wanting to buy a gun has to pass a background check. 

This vetting process ensures that you have no criminal record. If you are 21, the authorities will screen your juvenile background for any prosecutable offenses. If any delinquencies in your history as a minor are punishable in adults, you won’t be eligible for a concealed carrying permit. Nobody is exempt from this rule. 

Furthermore, the gun legislation in Florida stipulates that only US citizens may own a gun.

Firearm Registration in Florida

Firearm Registration in Florida

  • Legislation about guns in Florida only requires weapons’ registration if the intention is to carry it concealed. The law then requires that the carrier registers with the State Department of Agriculture and Consumer Services.
  • Carrying an unconcealed firearm is banned. Hence, there is no registration process for it. The only time a gun may be visible is for specialized activities like hunting.

Failure to abide by these laws generally result in legal action by the state. Misdemeanor or felony charges are applicable for contravention of the gun laws.

Florida Concealed Carry Permit

The process of acquiring a concealed permit takes from 50 to 55 days. The procedure costs less than $100 and is inclusive of application and fingerprinting. The entire undertaking requires classes that mainly lecture on safety, the use of force, and do’s and don’ts. Lecturers monitor applicants’ capabilities to use a firearm safely through live-fire exercises.    

As per section 790 of the Florida States’ Constitution:

  • Applicants must be 21 years or older, except for applicants who were members of the armed forces who are honorable discharges.
  • You have to be a citizen of the US or a legal resident alien.
  • You need to provide a certificate proving that you have completed the training class.
  • There can be no felony convictions against your name.
  • Three years need to have elapsed since any form of legal action taken against you has run its course.
  • No convictions of domestic violence or other misdemeanors are acceptable.
  • You cannot be under a current charge pertaining to domestic violence or repeat violence.
  • You need to have a clear mental health history.
  • You must not have any record of drug or alcohol abuse.
  • You need to be physically capable of handling a firearm safely.
  • You cannot be a fugitive from justice.
  • Dishonorable discharges from the armed forces are not eligible for permits.

Avoid possible penalties for violating Florida gun law. Talk to a Diamond & Diamond attorney today.

Non-Resident Concealed Carry Permits

Non-Resident Concealed Carry Permits

The primary law pertaining to non-residents is that they may carry a firearm if the jurisdiction recognizes Florida gun laws.

Per section 790.01 of the constitution, as a non-resident, you may carry a concealed weapon while in the state if:

  • You are 21 years or older.
  • You have in your immediate possession a valid concealed carrying license issued in your state of residence.
  • You are a resident of the United States.

A non-resident is subject to the same laws that a local license holder is when in the state.

If you take up residence in Florida, the license issued in your previous state of residence will be valid for an additional 90 days before you need to renew it. Any one of the following indicates to the authorities that you plan on staying:

  • Registering to vote
  • By making a statement of domicile pursuant as per section 222.17 of the Statutes
  • Applying for tax-exemption  for a homestead instate

For residents of states that do not recognize Florida’s gun laws, the following applies:

  • You would have to be a service member, as is defined by section 250.01 of the constitution.
  • You would have to be discharged from the armed forces honorably.

Concealed Carry Permit Reciprocity

Florida gun legislation allows residents from other states to carry concealed weapons provided that their home legislations recognize the local gun laws. The aforementioned is in section 790.015 of Florida’s statutes. Florida has reached an agreement with the states listed below, which is  reciprocal:

  • Alabama
  • Alaska
  • Arkansas
  • Arizona 
  • Colorado
  • Georgia  
  • Indiana
  • Kansas
  • Louisiana
  • Michigan 
  • Maine
  • Mississippi
  • Nebraska
  • New Hampshire
  • New Mexico 
  • North Carolina
  • Ohio 
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah 
  • Virginia
  • West Virginia
  • Wyoming

The states, as mentioned above, allow individuals to carry concealed pieces because of the reciprocity agreement. Licensees from Florida are not allowed to carry concealed stun guns, knives, or billy-clubs as they are legal in Pasco, Polk, Tampa, Lutz, Lakeland, and Florida in general.

Vermont does not have a firearm license program. Florida Licensees are allowed to carry a concealed weapon in Vermont, but the opposite is not permitted. Without a valid firearm license, Vermont residents cannot have a gun in their possession while in Florida.

In the states listed below, individuals under the age of 21 qualify for concealed weapons licenses. Be that as it may, anybody under 21 visiting Florida may not carry a concealed gun under any circumstances.

  • Alabama
  • Georgia 
  • Idaho
  • Indiana 
  • Maine
  • Missouri 
  • Montana
  • New Hampshire
  • North Dakota
  • South Dakota
  • Tennessee
  • Texas
  • Wyoming

The following states will only honor a Florida firearms license if the licensee is a resident of the state of Florida.

  • Colorado
  • Michigan 
  • Maine 
  • New Hampshire
  • Pennsylvania 
  • South Carolina

The States mentioned below issue licenses to qualified persons who are not residents. Florida’s reciprocity guidelines do not recognize licenses issued to non-residents.

  • Arizona
  • Idaho 
  • Indiana 
  • New Hampshire
  • North Dakota
  • Pennsylvania 
  • South Carolina
  • Texas
  • Utah 
  • Virginia

PRO TIP: 

“In this uncertain world, be always prepared to protect yourself.”

Florida Gun Laws FAQs 

  • How Strict is Florida’s Gun Laws?

Florida has more than 900,000 permit holders; this makes it the state with the most licensees in the country. The laws require police to issue a permit to all qualified applicants. An appropriate answer to this question would be, the regulations that allow almost everybody to own a firearm are best not interpreted as lax. Failure to adhere to the rules that come with gun ownership can work against you.

  • Is Open Carry Permitted in Florida?

Open carry is not allowed in the confines of the state. Especially not in a public space or area. The only time you may carry an unconcealed weapon is in a setting where you use the gun for an activity. Examples of such are hunting, camping, or at the shooting range.

  • How Many Years Will You Get Locked up for Holding a Gun Without a Carrier License in Florida?

Carrying a weapon without a permit is a felony. The offender faces a prison sentence of up to five years.

REQUEST A FREE
CONSULTATION