Since July 2023, Florida has allowed qualifying individuals of age 21 or older to carry a concealed firearm in public without obtaining a concealed weapons license, undergoing a background check for the permit or completing mandatory firearms training. 

While the permitless concealed carry law has eased requirements for gun holders, Florida maintains strict penalties for a range of weapons violations. Anyone who owns or carries a firearm in Florida should be aware of the following grounds of criminal liability:

• Ineligibility to possess a firearm — Not everyone is legally allowed to possess a gun in Florida. Ineligible individuals include convicted felons, people convicted of certain domestic violence charges, people with a history of mental illness that led to involuntary commitment and others prohibited under state or federal law. An ineligible person found with a firearm faces a felony charge. Possession of a firearm by a convicted felon is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. Federal penalties may also apply.

• Carrying in prohibited places — Florida law explicitly prohibits guns in certain locations, such as police stations and jails, courthouses, schools and college campuses, government meetings and secure zones within airports (such as beyond security checkpoints). Firearms are also barred from school-sponsored events, polling places during elections and establishments where the primary purpose is to serve alcohol. Violating these location-specific restrictions can result in misdemeanor or felony charges, punishable by jail time, probation and substantial fines.

• Improper use or display — Even with legal authority to carry, the manner in which a firearm is used or displayed matters under Florida law. Brandishing a weapon in a threatening, angry or reckless way can result in a charge of “improper exhibition of a dangerous weapon,” which is a first-degree misdemeanor punishable by up to one year in jail. If the manner of display or use involves threats or actual violence, more serious charges can apply, such as aggravated assault with a deadly weapon, which is a third-degree felony carrying up to five years in prison.

• Unlawful possession of certain weapons — Florida, in alignment with federal law, strictly controls the possession of specific types of weapons, such as short-barreled rifles and shotguns, machine guns, and explosives. Possessing or manufacturing these weapons without the appropriate federal permits is a second or third-degree felony. Penalties range from up to five to 15 years imprisonment, depending on the weapon and any aggravating circumstances.

• Failure to carry ID — While no permit is required, the law mandates that individuals carrying concealed weapons must have valid identification on their person and must present it to law enforcement upon request. Failure to do so is a noncriminal violation, incurring a $25 fine.

Being charged with a weapons offense in Florida can bring serious consequences, including prison, fines and the loss of civil rights. If you are charged with a Florida weapons violation, speak with a criminal attorney knowledgeable in firearms law. An attorney can evaluate the specifics of your case and develop the strongest possible defense while protecting your rights.

The Law Offices of Tad A. Yates, P.A. in Orlando defends clients accused of weapons violations throughout Florida. Call us at 407-608-7777 or contact us online to schedule a free consultation.