Concealed Carry Laws in Florida: Laws & Penalties

While in most cases it is lawful to own and possess a firearm, the concealed carry laws in Florida set the rules for carrying a gun in the Sunshine State. Since July 1, 2023, Florida no longer requires a permit to carry a concealed weapon or firearm, but only people who meet the legal criteria may do so.

If you carry a concealed gun when you are not eligible, or bring one into a prohibited place, you might face criminal charges that could result in imprisonment and stiff fines. Given that these charges could have a negative impact on your life, below you will find more information about Florida concealed carry laws.

What Is a Concealed Carry Charge in Florida?

In Florida, unlawful concealed carry occurs when a person who is not eligible carries a weapon or firearm on or about his or her person in a way that hides it from the ordinary sight of others. Depending on the type of weapon, the charge is classified as a 1st-degree misdemeanor or a 3rd-degree felony [Fla. Stat. § 790.01].

A person is eligible if he or she holds a Florida concealed weapon license or meets the same criteria required for one. In general, that means being at least 21 years old, being a U.S. citizen or permanent resident, and not being disqualified by a felony conviction, certain drug or domestic violence history, or another ground listed in the statute. In a prosecution, the State must prove that the person was not licensed and was not eligible for a license.

Concealed means that the weapon that you are carrying is hidden from people’s sight. Examples of this might include keeping the gun under your clothing or in a bag.

When it comes to concealed carry offenses, depending on the type of weapon involved, Florida has two different types of charges:

  • Concealed weapon: these deadly weapons include dirks, tear gas guns, chemical weapons, billies, and metallic knuckles. A common pocketknife does not count.
  • Concealed firearm: includes handguns and other firearms, starter guns, and machine guns. An antique firearm counts only if it is used to commit a crime.

If law enforcement has arrested you for unlawfully carrying a concealed weapon or firearm, you might need legal representation. Contact our St. Petersburg criminal defense attorneys to schedule a free consultation.

Can I Carry a Gun Without a Concealed Weapons Permit in Florida?

Yes, if you are eligible. Florida’s permitless carry law took effect on July 1, 2023. A person who meets the criteria for a concealed weapon license may carry a concealed weapon or firearm without applying for one. Two rules come with it [Fla. Stat. § 790.013]:

  • You must carry valid identification and show it to a law enforcement officer on demand. Failing to do so is a noncriminal violation with a $25 fine.
  • You must follow the same restrictions on prohibited places that apply to license holders.

Florida still issues concealed weapon licenses. A license can still be useful, for example for carrying in other states that recognize it.

Open carry is a separate question. Florida’s ban on openly carrying firearms is still in the statute books [Fla. Stat. § 790.053], but in September 2025 an appeals court ruled it unconstitutional in McDaniels v. State, and the Attorney General directed police and prosecutors to stop enforcing it. Limits on where guns may be carried still apply, and displaying a gun in a rude, careless, angry, or threatening way is still a crime.

Even though Floridians do not need a license to possess or carry a weapon, if you are a convicted felon or your rights were taken away for some other reason, you are not allowed to buy, own, possess, or carry a gun.

Florida Concealed Carry Prohibited Places

According to Florida Statute § 790.06 (12), there are some places where you are not allowed to carry a gun, whether or not you have a license. Some of these places include the following:

  • Courthouses and courtrooms
  • Schools, colleges or career centers
  • Police stations, detention centers, jails or prisons
  • The bar area of an establishment licensed to serve alcohol
  • Polling places
  • Meetings of a city or county commission, a school board, or the Legislature
  • School, college, and professional athletic events
  • A place of nuisance
  • Places where federal law prohibits firearms
  • The inside of an airport passenger terminal

If the prosecution can prove that you knowingly and willfully carried a gun into one of these places, you could be charged with a second-degree misdemeanor even if you were otherwise allowed to carry it.

Concealed Carry Penalties in Florida

In Florida, a person who carries a concealed weapon or firearm without being eligible can face a first-degree misdemeanor or a third-degree felony depending on the type of weapon involved in the offense.

If you are accused of unlawfully carrying a concealed weapon, you could face a first-degree misdemeanor charge. As a result, if you are found guilty, your penalties might include up to one year in jail and a maximum fine of $1,000.

On the other hand, unlawfully carrying a concealed firearm is considered a third-degree felony which is punishable by up to five years in prison or probation and a fine of up to $5,000. The penalties can be harsher for convicted felons.

A person with a felony on his or her record who possesses a firearm, or carries a concealed weapon, can be charged with a second-degree felony. If convicted, you could face up to fifteen years of imprisonment and a maximum fine of $10,000.

Contact a Criminal Defense Attorney

Florida no longer requires a license to carry a concealed weapon, but the law still limits who may carry a gun and where. If you are accused of breaking these rules, you might face severe criminal charges and penalties.

Goldman Wetzel is a criminal defense law firm that provides legal representation to individuals facing criminal charges in St. Petersburg, Tampa, Bradenton, Clearwater, Sarasota, Manatee, Polk, Pinellas, and Hillsborough counties.

If you have been charged with a gun crime, the Goldman Wetzel attorneys can help you prepare a strong defense for your case. Send us a message or call us at (727) 828-3900 to schedule a free consultation.

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