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Florida’s New Law on Permitless Carry

Florida’s New Law on Permitless Carry

Florida Governor Ron DeSantis signed the state permitless carry law on April 3, 2023. The new law, which will take effect in the state starting July 1, 2023, allows a person to carry a concealed firearm without the necessity of a concealed carry permit. Floridians will no longer need to fulfill license requirements or take training classes to carry concealed weapons.

man with gun shooting in school, problem of permit less concealed carry gun

As of April 2023, the new law makes Florida the 26th state to allow permitless concealed carry of a firearm.

What the New Law Does

The more detailed Florida Department of Law Enforcement (FDLE) background check has been eliminated. Florida laws would still require background checks and a minimum wait period (3 days) to purchase a gun but not the more extensive FDLE background check.

The new law does not allow “open carry” of a firearm. The law requires the firearm to be concealed, secured, and you must have a valid ID when carrying the firearm.

Concealed Carry classes are no longer required, but can still be taken voluntarily. A Concealed Carry training class would include learning about the regulations about concealed carry so you would avoid violating the law and being arrested. A Gun Safety training class would teach you how to handle, use, and care for your weapon. Neither is required.

Floridians are no longer required to pay additional fees to carry their firearm outside of their home. 

What Remains the Same

According to the FDAC (Florida Department of Agriculture and Consumer Services) referencing Florida Statute Section 790.06(12), Florida Statutes (F.S.), you will still not be allowed to take concealed firearms into certain places such as schools, government buildings, courthouses, police or fire stations, jails, and polling/voting locations. So simply put, you cannot carry a concealed weapon into a prohibited place as outlined under current Florida statute.

However, currently, individual school districts remain empowered to make their own rules regarding the possession of concealed firearms in a private vehicle, meaning parents may or may not be prohibited to pick up and drop off children from school if they have a firearm on their person or in the vehicle.

It is still true that an individual looking to carry a concealed firearm must 1) be able to lawfully possess a handgun per federal law and any state requirements and 2) be in a place where they have a legal right to enter or inhabit without permission with their concealed weapon.  

Meaning you must be a law-abiding citizen to carry a concealed weapon and carry it with the full knowledge of when you are allowed to do so, though again training for concealed carry is not required. If you do not take a course, you must learn this information on your own or risk violating the law, being arrested, and being prosecuted.

The Hope is New Law Will Reduce Gun Violence in Florida

Proponents hope the new law, working in tandem with Florida’s Stand Your Ground Law that allows the use of firearms in self-defense situations, will discourage future gun violence.  Unfortunately, according to research done by RAND Corporation, a nonprofit nonpartisan research organization, “there is supportive evidence that shall-issue concealed-carry laws may increase total and firearm homicides.”

Given that Florida is a leading state in gun violence statistics, and that there have been 7 mass shootings in Florida as of February 2023, some law enforcement personnel and gun law advocates are skeptical that concealed carry will result in a reduction in death due to guns.

Even the NRA, whose representatives fully backed the new law, touted this as a victory in support of the 2nd amendment and not necessarily as a means to reduce gun violence. Rather their support of the new law is because it reiterates the right to defend yourself against an individual you feel threatened by and kill or shoot them with your firearm.

If You Are Arrested for a Crime Involving a Gun, Contact a Criminal Defense Attorney

If you are accused and arrested for a crime involving the use of a gun, such as homicide, contact a good criminal defense attorney. You will have to prove you were lawfully allowed to have that firearm and then used it legally. This can be challenging so you will want an experienced and knowledgeable criminal defense attorney.

Attorneys Adam R. Farkas, Esq. and Jacqueline D. Crowley, Esq. have dedicated their careers to those in need of legal help. Their experience as criminal prosecutors makes them uniquely qualified in the arena of criminal defense.  Located in West Palm Beach Florida, the team at Farkas & Crowley law firm will do everything in their power to defend you against criminal charges.

If you or a loved one has been accused of a crime, even one involving permitless carry, contact Farkas and Crowley today by calling (561)-444-9529, 24/7, or for inquiries or questions complete our online form.

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