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Florida Law

Excluding weekends and legal holidays, there is a three-day waiting period to purchase a handgun from a retail establishment. Exempt from the waiting period are concealed weapons permit holders and those trading in another handgun.

CARRYING

Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

Exceptions

  • Persons having firearms at their home or place of business.
  • Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.
  • Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions.
  • Persons engaged in fishing, camping or hunting and while going to or from such activity.
  • Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place.
  • Persons who are firing weapons for target practice in a safe and secure indoor range.
  • Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.
  • Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back.
  • Persons engaged in the business of manufacturing, repairing or dealing in firearms.
  • Military, law enforcement personnel and private guards while so employed.

It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use. This exemption does not authorize the carrying of a firearm concealed on the person. Employers may not prohibit their employees who are properly licensed under Florida law to carry a handgun, from storing any legally owned firearm inside a locked, privately-owned motor vehicle that is lawfully present in a parking lot maintained by the employer.

An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid for seven years and is honored throughout the state. The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and shall include the applicant’s name, address, place and date of birth, race, and occupation. The initial license fee is not to exceed $85 plus the cost of processing the fingerprint card. The renewal fee is not to exceed $70 (fingerprint card is not required on renewal licenses). However, at the discretion of the Department of Agriculture, the fees may be lower than the statutory cap.

STATE CONSTITUTIONAL PROVISION

“(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.
(c) . . . anyone violating the provisions of subsection (b) shall be guilty of a felony. (d) This restriction shall not apply to a trade in of another handgun.” Article 1, Section 8.

The legislature of the State of Florida, in a declaration of policy incorporated in its “Weapons and Firearms” statute, recognizes that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as collectibles.

PURCHASE AND POSSESSION

No state permit is required to possess or purchase a rifle, shotgun or handgun.

It is unlawful for any convicted felon to have in his or her care, custody, control, or possession any firearm or to carry a concealed weapon unless his civil rights have been restored.

It is unlawful for the following persons to own, possess or use any firearm: drug addicts, alcoholics, mental incompetents, and vagrants.

A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence.

It is unlawful to sell, give, barter, lend or transfer a firearm or other weapon other than an ordinary pocketknife to a minor less than the age of 18 without his parent’s permission, or to any person of unsound mind.

It is unlawful for any dealer to sell or transfer any firearm, pistol, Springfield rifle or other repeating rifle to a minor.

A minor less than 18 years of age may not possess a firearm, other than an unloaded firearm at his home, unless engaged in lawful activities.

No licensed gun dealer, manufacturer or importer shall sell or deliver any firearm to another person until he has obtained a completed form from the potential buyer or transferee and received approval from the Department of Law Enforcement by means of a toll-free telephone call. The Department of Law Enforcement shall destroy records of approval.