Florida Gun Laws: Concealed Carry, Open Carry and Buying a Gun
Florida gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for Florida
- Permitless (constitutional) carry
- Yes. A person may carry a concealed weapon or concealed firearm without a license if they meet the criteria for receiving and keeping a concealed weapon license under s. Fla. Stat. ss. 790.01(1)(b), 790.013, 790.06(2)
- Open carry
- Statute: except as otherwise provided by law, it is unlawful to openly carry a firearm on or about one's person (second-degree misdemeanor); Fla. Stat. s. 790.053; McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025)
- Age to buy a gun
- A person younger than 21 may not purchase any firearm, and licensed importers, manufacturers and dealers may not sell or transfer a firearm to a person under 21 (third-degree felony); Fla. Stat. ss. 790.065(13), 790.22(3)
- Concealed carry permit
- License to Carry a Concealed Weapon or Concealed Firearm, issued by the Department of Agriculture and Consumer Services, which 'shall issue' a license to an applicant who meets the listed criteria (shall-issue). Fla. Stat. s. 790.06(1)(b)-(c), (2), (5)(b)
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | Yes. A person may carry a concealed weapon or concealed firearm without a license if they meet the criteria for receiving and keeping a concealed weapon license under s. 790.06 (including being 21 or older and not disqualified by felony convictions, recent drug or violent-misdemeanor convictions, certain mental health adjudications, or domestic violence injunctions). A person carrying without a license must carry valid identification and show it to a law enforcement officer on demand ($25 noncriminal fine), and is subject to the same prohibited places as licensees. Effective July 1, 2023. Age: on June 17, 2026 the Fourth District Court of Appeal (Eubanks v. |
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| Concealed carry permit | License to Carry a Concealed Weapon or Concealed Firearm, issued by the Department of Agriculture and Consumer Services, which 'shall issue' a license to an applicant who meets the listed criteria (shall-issue). Statutory age: 21 or older. The applicant must demonstrate competence with a firearm by one of several listed methods (for example, a hunter safety course, an NRA or other firearms safety course with a certified instructor, or military service), and instructors must certify live fire. Fee: nonrefundable license fee of up to $55 for a first license or up to $45 for renewal, plus the cost of fingerprint processing. Licenses are valid statewide for 7 years. See permitless_carry note on the June 17, 2026 Fourth DCA ruling on the age requirement. |
| Open carry | Statute: except as otherwise provided by law, it is unlawful to openly carry a firearm on or about one's person (second-degree misdemeanor); a person authorized to carry concealed may briefly and openly display a firearm unless it is displayed in an angry or threatening manner not in self-defense. Court status: in McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), the First District Court of Appeal held Florida's open carry law unconstitutional under the Second Amendment, as described by the Fourth District in Eubanks v. State (June 17, 2026). Long guns are covered by the same statute. The statute still appears unchanged on the Legislature's site. Licensees remain barred from openly carrying in the places listed in s. 790.06(12). |
| Guns in your car | A person 18 or older who lawfully possesses a handgun may keep it inside a private vehicle if it is 'securely encased or otherwise not readily accessible for immediate use,' but may not carry it on their person. Long guns may be carried anywhere in a private vehicle for a lawful use. Anyone authorized to carry concealed (licensed or permitless) may carry on their person in a vehicle, and licensees may carry or store a firearm in a vehicle for lawful purposes. |
| Other states' permits (reciprocity) | Florida honors any state's license held by a nonresident. A nonresident who is a U.S. resident aged 21 or older may carry concealed in Florida if they meet Florida's license criteria or have in their immediate possession a valid concealed carry license issued by their state of residence; the age requirement does not apply to servicemembers or honorably discharged veterans. A license from another state stays valid for 90 days after the holder becomes a Florida resident. Source: Fla. Stat. s. 790.015 |
| Where guns are banned | Licensees (and permitless carriers) may not carry into: places of nuisance; police, sheriff or highway patrol stations; detention facilities, prisons or jails; courthouses and courtrooms (judges excepted); polling places; meetings of county, school district, municipal or special district governing bodies; meetings of the Legislature or its committees; school, college or professional athletic events not related to firearms; elementary or secondary school facilities or administration buildings; career centers; the portion of a bar primarily devoted to serving alcohol; college or university facilities; airport passenger terminals and sterile areas (except encased firearms for checking); and places where federal law bans firearms. Possessing a firearm on school property, a school bus or bus stop, or at a school-sponsored event is a third-degree felony, with exceptions including a firearm kept in a vehicle under s. 790.25(4). Licensees may carry on property of religious institutions, subject to the institution's property rights. |
Buying a gun
| Age to buy a gun | A person younger than 21 may not purchase any firearm, and licensed importers, manufacturers and dealers may not sell or transfer a firearm to a person under 21 (third-degree felony); law enforcement and correctional officers and servicemembers may buy rifles and shotguns. The under-21 purchase ban applies to all purchasers, including in private sales. Possession: a minor under 18 may not possess a firearm except an unloaded firearm at home, or in listed situations such as supervised or lawful hunting, target practice or firearm training. |
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| Background checks and private sales | Florida has no state law that requires a background check for private (non-dealer) firearm sales. The state background check (through the Florida Department of Law Enforcement) applies to sales or transfers by licensed importers, manufacturers and dealers. However, the Florida Constitution gives each county 'the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county,' where a 'sale' is a transfer for value 'when any part of the transaction is conducted on property to which the public has the right of access'; concealed weapons license holders are exempt. Otherwise, state law preempts local firearm regulation. Reviewed Fla. Stat. chapter 790 (2026 Florida Statutes, all section headings) on 2026-10-27; no private-sale check provision found. Constitution text: https://www.flsenate.gov/Laws/Constitution. |
| Waiting period | 3 days, excluding weekends and legal holidays, or until the background check is completed, whichever is later, between purchase and delivery of any firearm from a retailer (licensed importer, manufacturer or dealer). Exceptions: concealed weapon license holders (including law enforcement, correctional officers and servicemembers), trade-ins, and rifles or shotguns bought by a person who completed a 16-hour hunter safety course and holds the hunter safety card (or is exempt and holds a Florida hunting license). Source: Fla. Stat. s. 790.0655 |
| Ghost guns and homemade firearms | Florida has no state law that specifically regulates unserialized, homemade or kit firearms. State law prohibits knowingly altering or removing a manufacturer's or importer's serial number, and selling, delivering or possessing a firearm with an unlawfully altered or removed serial number. Reviewed Fla. Stat. chapter 790 (2026 Florida Statutes, all section headings) on 2026-10-27; no provision found. |
Red flag law and weapon limits
| Red flag law | Yes (risk protection orders). Only a law enforcement officer or law enforcement agency may petition; the petitioner must try to notify family or household members. A temporary ex parte order may be issued on reasonable cause and lasts until the hearing, which must be held no later than 14 days after the order. After a hearing, if the court finds by clear and convincing evidence that the respondent poses a significant danger, it issues an order for up to 12 months. |
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| Assault weapons and magazine limits | Florida has no state law that bans assault weapons or limits magazine capacity. (Short-barreled rifles and shotguns and machine guns are regulated by s. 790.221, and bump-fire stocks are banned by s. 790.222.) Reviewed Fla. Stat. chapter 790 (2026 Florida Statutes, all section headings) on 2026-10-27; no provision found. |
Gun Laws FAQ
Is Florida a constitutional carry state?
Yes. A person may carry a concealed weapon or concealed firearm without a license if they meet the criteria for receiving and keeping a concealed weapon license under s. 790.06 (including being 21 or older and not disqualified by felony convictions, recent drug or violent-misdemeanor convictions, certain mental health adjudications, or domestic violence injunctions). A person carrying without a license must carry valid identification and show it to a law enforcement officer on demand ($25 noncriminal fine), and is subject to the same prohibited places as licensees. Effective July 1, 2023.
How do you get a concealed carry permit in Florida?
License to Carry a Concealed Weapon or Concealed Firearm, issued by the Department of Agriculture and Consumer Services, which 'shall issue' a license to an applicant who meets the listed criteria (shall-issue). Statutory age: 21 or older. The applicant must demonstrate competence with a firearm by one of several listed methods (for example, a hunter safety course, an NRA or other firearms safety course with a certified instructor, or military service), and instructors must certify live fire. Fee: nonrefundable license fee of up to $55 for a first license or up to $45 for renewal, plus the cost of fingerprint processing. Licenses are valid statewide for 7 years.
Is open carry legal in Florida?
Statute: except as otherwise provided by law, it is unlawful to openly carry a firearm on or about one's person (second-degree misdemeanor); a person authorized to carry concealed may briefly and openly display a firearm unless it is displayed in an angry or threatening manner not in self-defense. Court status: in McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), the First District Court of Appeal held Florida's open carry law unconstitutional under the Second Amendment, as described by the Fourth District in Eubanks v. State (June 17, 2026). Long guns are covered by the same statute.
How old do you have to be to buy a gun in Florida?
A person younger than 21 may not purchase any firearm, and licensed importers, manufacturers and dealers may not sell or transfer a firearm to a person under 21 (third-degree felony); law enforcement and correctional officers and servicemembers may buy rifles and shotguns. The under-21 purchase ban applies to all purchasers, including in private sales. Possession: a minor under 18 may not possess a firearm except an unloaded firearm at home, or in listed situations such as supervised or lawful hunting, target practice or firearm training.
Do private gun sales need a background check in Florida?
Florida has no state law that requires a background check for private (non-dealer) firearm sales. The state background check (through the Florida Department of Law Enforcement) applies to sales or transfers by licensed importers, manufacturers and dealers. However, the Florida Constitution gives each county 'the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county,' where a 'sale' is a transfer for value 'when any part of the transaction is conducted on property to which the public has the right of access'; concealed weapons license holders are exempt. Otherwise, state law preempts local firearm regulation.
Is there a waiting period to buy a gun in Florida?
3 days, excluding weekends and legal holidays, or until the background check is completed, whichever is later, between purchase and delivery of any firearm from a retailer (licensed importer, manufacturer or dealer). Exceptions: concealed weapon license holders (including law enforcement, correctional officers and servicemembers), trade-ins, and rifles or shotguns bought by a person who completed a 16-hour hunter safety course and holds the hunter safety card (or is exempt and holds a Florida hunting license).
Does Florida have a red flag law?
Yes (risk protection orders). Only a law enforcement officer or law enforcement agency may petition; the petitioner must try to notify family or household members. A temporary ex parte order may be issued on reasonable cause and lasts until the hearing, which must be held no later than 14 days after the order. After a hearing, if the court finds by clear and convincing evidence that the respondent poses a significant danger, it issues an order for up to 12 months.
Does Florida ban assault weapons or high-capacity magazines?
Florida has no state law that bans assault weapons or limits magazine capacity. (Short-barreled rifles and shotguns and machine guns are regulated by s. 790.221, and bump-fire stocks are banned by s. 790.222.)
Can you keep a gun in your car in Florida without a permit?
A person 18 or older who lawfully possesses a handgun may keep it inside a private vehicle if it is 'securely encased or otherwise not readily accessible for immediate use,' but may not carry it on their person. Long guns may be carried anywhere in a private vehicle for a lawful use. Anyone authorized to carry concealed (licensed or permitless) may carry on their person in a vehicle, and licensees may carry or store a firearm in a vehicle for lawful purposes.
Which states' carry permits does Florida honor?
Florida honors any state's license held by a nonresident. A nonresident who is a U.S. resident aged 21 or older may carry concealed in Florida if they meet Florida's license criteria or have in their immediate possession a valid concealed carry license issued by their state of residence; the age requirement does not apply to servicemembers or honorably discharged veterans. A license from another state stays valid for 90 days after the holder becomes a Florida resident.
Where can't you carry a gun in Florida?
Licensees (and permitless carriers) may not carry into: places of nuisance; police, sheriff or highway patrol stations; detention facilities, prisons or jails; courthouses and courtrooms (judges excepted); polling places; meetings of county, school district, municipal or special district governing bodies; meetings of the Legislature or its committees; school, college or professional athletic events not related to firearms; elementary or secondary school facilities or administration buildings; career centers; the portion of a bar primarily devoted to serving alcohol; college or university facilities; airport passenger terminals and sterile areas (except encased firearms for checking); and places where federal law bans firearms. Possessing a firearm on school property, a school bus or bus stop, or at a school-sponsored event is a third-degree felony, with exceptions including a firearm kept in a vehicle under s. 790.25(4). Licensees may carry on property of religious institutions, subject to the institution's property rights.
Are ghost guns legal in Florida?
Florida has no state law that specifically regulates unserialized, homemade or kit firearms. State law prohibits knowingly altering or removing a manufacturer's or importer's serial number, and selling, delivering or possessing a firearm with an unlawfully altered or removed serial number.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.