Permitless Carry FINALLY comes to Florida. On April 3, 2023, Florida Governor Ron Desantis signed House Bill 543 into law, with an effective start date of July 1, 2023. With this amendment to Florida Statute 790.01, Florida has become the 26th state to allow permitless carry. While this is not the same as full Constitutional Carry as it exists in states which allow open carry, it is still a massive step forward in the battle for gun rights in the state of Florida. So if Florida’s new permitless carry law does not allow open carry, what exactly are the effects? This article will explain exactly what the actual effects of this new law are, and will also provide some insight on carrying under the new law. You can also see the full text of the new bill here.
Qualification to Carry a Weapon Under the Permitless Carry Law
As explained above, the new permitless carry law does nothing to permit the open carry of firearms. The exact same exceptions to Florida’s ban on open carry still apply (See our articles on open carry while camping, open carry while at work, etc.). Instead, this new law allows people in Florida to carry a firearm or other lawful weapon concealed while in public without first getting a concealed weapons license. Previously in Florida, any person who wanted to carry a firearm in public was required to obtain a Concealed Weapon and Firearm License (CWFL) through the Florida Department of Agriculture and Consumer Services (FDACS). It is important to note that the new law applies to carrying both a firearm and other lawful weapons which previously required a CWFL to carry concealed. Carrying a concealed firearm in public without a license could result in a felony charge under the prior law. This new law will allow the carry of a firearm without a license, but it does still require you to meet certain conditions. Specifically, any person who wishes to carry without a permit must still be able to meet all of the requirements to get a permit. In addition to the criteria below, remember that a person who carries a concealed firearm is still required to have a valid form of identification with them at all times, whether they have a CWFL or not.
Florida Statute 790.01 titled, “Carrying of concealed weapons or concealed firearms reads:”
“(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she: (a) Is licensed under s. 790.06; or (b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)–(f) and (i)–(n), (3), and (10).” The criteria you must meet are as follows:
- Be a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;
- 21 years of age or older;
- Do not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
- Have not been convicted of a felony;
- Have not been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within the last 3 years immediately preceding carrying concealed under permitless carry;
- Have not been Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state unless they An applicant have been granted relief from firearms disabilities pursuant to s. 065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred;
- Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 151or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
- Have not been adjudicated an incapacitated person under s. 331, or similar laws of any other state unless he or she has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the adjudication occurred
- Have not been committed to a mental institution under chapter 394, or similar laws of any other state unless he or she has been granted relief from firearms disabilities pursuant to s. 065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred:
- Have not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
- Have not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
- Have not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence;
- Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.
- Have not been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.
- Is not subject to a pending case including an arrest or being formally charged for a crime which would disqualify that person from having a CWFL
- Have not been convicted of a second DUI, or a similar law of another state, within 3 years after a first DUI conviction or similar law of another state, even though the first violation may have occurred before the date on which the person began carrying under permitless carry;
Penalties for permitless carry if you do not qualify
As you can see, the list is still quite expansive. However, most of these criteria can be summarized as, “lacking a disqualifying criminal record or mental health record.” If you meet all of the conditions above, you will be able to carry a concealed weapon without first getting a CWFL. If you carry a concealed weapon (non-firearm) but do not have a CWFL or meet the criteria for receiving and maintaining a CWFL, then you are committing a first degree misdemeanor, punishable up to one year in the county jail. Subsection 3 of Florida Statute 790.01, makes it a 3rd degree felony, punishable up to 5 years in prison for anyone who carries a concealed firearm without a CWFL or meeting the criteria for receiving and maintaining a CWFL. For the most part individuals with a CWFL do not have to worry about knowing whether or not they have meet the requirements needed to carry a concealed weapon or concealed firearm because the Department of Agriculture has already determined that that person has when they issued that person their CWFL. Furthermore, if a person has a CWFL and subsequently no longer qualifies to have a CWFL, the Department of Agriculture will let that CWFL holder know they are no longer qualified by sending a notice of suspension or revocation of that person’s CWFL.
Ignorance is NO EXCUSE for illegal permitless carry
If you decide to carry without a CWFL than all of the responsibility of making sure you know whether or not you are qualified falls on you. So you better be 100% certain you have meet the criteria for receiving and maintaining a CWFL and continue to be eligible to carry without a CWFL, because the fact you did not know something has disqualified you is a not a defense to a criminal charge.
The new law also provides the burden of proof that the state must meet to convict a person who is carrying a weapon illegally. Subsection 4 of 790.01 reads that “In any prosecution for a violation of subsection (2) or subsection (3), the state bears the burden of proving, as an element of the offense, both that a person is not licensed under s. 790.06 and that he or she is ineligible to receive and maintain such a license under the criteria listed in s. 507 790.06(2)(a)-(f) and (i)-(n), (3), and (10).” Notice that subsection 4 only requires the government in a criminal prosecution to prove that a person does not have a CWFL and that he or she is ineligible to receive and maintain a CWFL under the criteria we just went over and the government is not required to prove that the person knew or should have known that he or she did not meet criteria for receiving and maintaining a CWFL. Subsection 5 provides an exception while one is evacuating during a mandatory evacuation order issued during a state of emergency declared by the governor. Finally subsection 6 of Florida statute 790.01 allows for prosecution of individuals who use an electric weapon or device, dart-firing stun gun, or self-defense chemical pray during the commission of a crime.
Permitless Carry does not begin until July 1, 2023
Please keep in mind that the start date of everything explained here is July 1, 2023. If you carry a concealed weapon without a license prior to that date, you can still be arrested for unlawful permitless carry. It is not a valid defense that the law is about to change.
Where Can You Carry a Weapon Under the New Permitless Carry Law?
Those who have previously carried with a CWFL in Florida know that even with a license there are places you are not allowed to bring a weapon. Florida Statute 790.06(12) prohibits the carrying of a concealed weapon or concealed firearm with or without a CWFL in the locations found here.
Anyone who carries a concealed weapon or concealed firearm in one of these prohibited locations commits a second degree misdemeanor, punishable by up to 60 days in the county jail. You also may not carry on private property when you have notice that the owner does not allow firearms. Carrying in violation of this law may result in a felony charge for armed trespassing.
Can Nonresidents Carry Under the New Law?
Come July 1, 2023, nonresidents of Florida will be able to carry a concealed weapon or concealed firearm in the Sunshine State without a concealed weapons or concealed firearm license from their state so long as they are a resident of the United States, 21 years of age or older, and meet the same criteria for receiving and maintaining a CWFL.
Should You Still Get a CWFL?
Under the new law, many people will likely decide that the process and cost of getting a CWFL is no longer worth it. However, we still advise going out and getting an actual license to carry. There are still important benefits to having CWFL. First, states which recognize Florida’s CWFL and have reciprocity will allow a Florida resident who has a CWFL to carry a firearm in their state. If that state does not allow permitless carry, a Florida resident visiting the state without a CWFL will not be permitted to carry a firearm there. Second, one requirement to obtain a CWFL is a basic firearms training course, which includes an explanation of Florida’s Use of Force laws. If you are ever in a self-defense situation, it may help to have a license which proves that you have at least basic training in firearm safety and the law. Third, as mentioned above, if you no longer qualify to carry a concealed weapon, you will be notified by FDACS if you have a CWFL, while someone carrying without a permit will not be notified. Additionally, having a CWFL still allows you to bypass the mandatory waiting period when buying a new firearm. Most importantly, there are two places the holder of a CWFL can lawfully carry a firearm while a person carrying under Florida’s permitless carry law will be committing a crime, up to a federal felony. The first is in a “Gun-Free School Zone.” This includes the area within 1,000 feet of a school. The second, is on the property of any religious institution. When passing the new permitless Florida carry law, the legislators did not amend the fairly recent “Church Carry Law” to include those who carry without a permit. Therefore, if you carry on the property of a religious institution that also has a school on the property, even if the school is NOT currently in session, you better make sure you have a CWFL.
If you have made it to this point, congratulations are in order. This is by far one of the longest posts on this website, so thank you for taking your responsibility to know the law and stay informed seriously. HB 543 does do more than what was covered here, but all of the most important effects for average day-to-day living are explained here. If you have any questions about what we covered in this article, questions about things we did not go over in HB 543, or any other Second Amendment related question you can email your questions directly to us at questions@thefirearmfirm.com. Also feel free to click here to watch a video going over this new law. If you think your question is too complicated ask over email, or if you just want to personally talk to us, feel free to call us at 321-332-6864. Until next time stay armed and educated!