Florida has stringent laws about open carry in the state. But for concealed carry, you can apply for the state’s firearm license.
Before you open carry in Florida, you must have a reason to do so, and this is only for limited activities in the state.
Understanding open carry Florida laws will help keep you out of unlawful situations with your firearms.
Florida Gun Law Summary
Florida has a shall-issue policy for issuing firearms permits in the state.
This permit is just for concealed carry of firearms, with the application supervised by the state’s department of agriculture and consumer services.
To buy a firearm in the state you do not need a purchase permit, neither do you need to complete the NICS criminal record background check like in some other states.
However, you must be at least twenty-one years old before buying a firearm in Florida.
There are pre-emption laws in the state. Therefore, a background check might be mandatory in some counties.
But if you have the state license to conceal carry, you will not need to complete a background check before you buy a firearm anywhere.
- Recommended Reading: Florida Gun Laws.
Is It Legal To Open Carry In Florida?
No, it is not.
Open carry of firearms in Florida is illegal in public places, and you cannot open carry your gun even if you have a permit, except if you are a law officer or a member of the military.
However, you can open carry for activities like hunting, camping, fishing, range shooting, live fire, shooting competitions, etc.
You will be prosecuted by laws of the state if you open carry illegally in Florida.
Florida Open Carry Laws
Florida is a non-permissive open carry state, and this means that open carry Florida is only possible for limited activities such as hunting or during self-defense in the state.
Also, there are firearms restrictions in the state.
You are not allowed to use any antique firearm in Florida. Antique firearm refers to any firearm manufactured before the year 1918.
You are also not permitted to own any form of replica for antique firearms.
Basically, you cannot use any gun that is no longer in production and is unavailable during firearms trade.
Another type of firearm prohibited in Florida is machine guns.
Machine guns, according to the state statute, refers to any firearm that can shoot automatically by itself without a manual reload or the action of pulling a trigger.
The only exceptions to possessing these firearms are law enforcement officers or anyone who has the permission to do so under the provision of the state law.
Florida Open Gun Law Quick View
|State permit for open carry.||No permit||No permit||You do not need a permit to open carry in Florida. Open carry is illegal in the state, and you can only open carry in specific situations.|
|Firearm registrations for open carry.||No||No||There are no firearm registrations for open carry in Florida|
|Assault weapon for open carry.||No||No||Florida has restrictions on open carry firearms in the state. Assault weapons are not allowed.|
|Magazine limit||No||No||There are no magazines limit restrictions for firearms in the state|
|License for the owner of a firearm.||Not required||Not required||There is no need for a licensed firearm for open carry.|
|Red flag law||Yes||Yes||Red flag law petitions submitted by a law enforcement officer in the state can be accepted by a court, thereby prohibiting such individuals from the possession of firearms in the state.|
|Castle doctrine law||Yes||Yes||Florida makes use of castle doctrine law with a stand your ground policy for self-defense, protection of properties, and other lives.|
|Background check for private dealers||No||No||There are no background checks for selling firearms in the state if it is not through a federally licensed dealer.|
|Pre-emption||Yes||Yes||Florida has a pre-emption law that allows local areas in the state to enact their policies, restricting the possession of firearms in some areas. However, state law supersedes any of these laws.|
|Concealed carry permit.||Yes||Yes||To conceal carry in Florida, you must apply for a permit to do so. There are requirements that you must meet before applying for these permits.|
|Concealed carry in personal vehicle||Yes||Yes||You can conceal carry in your vehicle.|
|Open carry in Schools||No||No||You cannot open carry in schools, colleges, or universities.|
|Duty to inform for open carry||No||No||You are not obliged to inform about open carry as long as you are carrying in the right places and circumstances.|
|Duty to inform for concealed carry||No||No||You do not have to inform about concealed carry if you have a permit to do so.|
Where Is It Legal To Open Carry In Florida
Possession of firearms in Florida is allowed in the following places:
- Restaurants and bar areas: You can possess a gun in the restaurant area of a restaurant and bar venture if there is no post restricting this. However, you cannot open carry in bar areas.
- Personal vehicle: You can possess your firearm in your private car with the gun in plain view.
- State parks and forests: You can open carry in state parks and forests as well as wildlife management areas for hunting activities.
Where Is It Illegal To Open Carry In Florida?
You cannot possess your firearm in the following places:
- Schools: You cannot open carry or possess a firearm in elementary or secondary schools, colleges, universities, technical institutions, and their facilities.
- Athletic fields: You cannot open carry in any stadium or event center used for professional sporting activities that do not have to do with firearms events.
- Law Enforcement offices: You cannot open carry or possess a firearm in police or local sheriff offices and patrol stations.
- Prisons: You cannot open carry in jails, detention homes, and correctional facilities.
- Court of law: You cannot possess your firearm in a law court or during a court proceeding.
- During elections: You cannot open carry in any polling unit during an election.
- Governing board meeting: You cannot open carry during legislative sessions or any meeting organized by the governing body of a municipality, district, or county in Florida.
- Healthcare centers: You cannot open carry in hospitals or any mental health home.
- Bars: You cannot open carry or possess a firearm in bars or anywhere that has the license to sell alcohol for onsite consumption.
- Airport areas: You cannot open carry in safety zones of airport areas and terminals.
- Restricted places: You cannot open carry in areas prohibited by federal laws.
FAQs About Open Carry Florida
Here are some of the frequently asked questions about open carry in Florida.
Do I Need A Permit For Open Carry In Florida?
No, you do not need a permit for open carry in Florida.
Also, open carry is not legal in the state except for activities such as hunting, camping, fishing, shooting competitions, etc.
However, you need a permit before you conceal carry in Florida.
Do I Need A Permit to Buy Firearms In Florida?
No, you do not need a purchase permit to buy a firearm in the state.
What Is The Age Requirement To Buy Firearms In Florida?
You must be at least twenty-one years old to buy a firearm in Florida.
Do I Need To Complete A Background Check To Buy Firearms In Florida?
No, there is no requirement to complete a criminal background check before buying a firearm in Florida.
However, a county can require a criminal background check before issuing a concealed carry permit in the state.
Where Can I Exercise My No Duty To Retreat Law In Florida?
As long as you are in a place where you have lawful rights to be according to the Florida statutes, you do not have a duty to retreat.
This includes your home of residence, place of work, etc.
What Is The Age Requirement For Obtaining A Firearm Permit In Florida?
You must be at least twenty-one years old to apply for a Florida firearm permit.
Can I Make Use Of Deadly Force For Castle Doctrine?
You can make use of deadly or excessive force if you believe that in that situation, it is necessary to prevent a severe bodily injury or an imminent death.
For How Long Is Florida Firearm Permit Valid?
The Permit Is valid for seven years.
What Is The Age Requirement To Possess A Firearm In Florida?
You must be at least eighteen years old to possess or transport a firearm in the state.
Are Firearms Permit Valid For Non-residents Of Florida?
Non-residents can also apply for firearm permits in Florida.
Must I Notify An Officer That I Am With A Firearm In Florida?
There are no requirements to notify police or law enforcement officers about your possession of a firearm.
Where Are The Places I Can Open Carry In Florida?
- You can open carry for hunting, fishing, and camping activities.
- You can open carry if you are a dealer, repairer, or manufacturer of firearms in Florida.
- You can open carry for live-fire sessions during firearm training, target practicing, and range shooting in the state.
Can I Restore My Right To Possess A Firearm If I Have A Federal Conviction?
There are no procedures to legally have your convictions removed for you to possess a firearm.
The United States Of America supreme court upheld the refusal to restore firearm usage for convicts.
So, the only way you can have your rights restored after a federal conviction is by getting a presidential permit?
Can I Use Firearms If I Have Convictions In Another state?
You must first restore your firearm right in the state you have such convictions before Florida allows you to make use of firearms in its territory.
To restore your right, reach out to a lawyer in the state where you have such conviction.
Relevant Open Carry Law And Legislature In Florida
Here are some laws in the state that have to do with open carry and possession of firearms.
Firearm Magazine Limit
Florida gun laws do not restrict magazine limits for open carry in the state.
According to Florida state law, you cannot open carry with assault weapons such as an armor-piercing bullet, bullets that explode, shells for shotguns, etc.
Florida has pre-emption laws for local government areas such as municipalities, districts, and counties. However, the general state law supersedes all other provincial laws in the state.
Furthermore, there is a full pre-emption law for all handguns and long guns in the state. Everyone, even law enforcement officers, must abide by this law at all times.
Anyone that violates this law will get a fine of up to five thousand dollars.
Law enforcement officers that violate the law will be removed from office by the state legislature.
Red Flag Law
Law enforcement officers can file a law court petition against anyone that they consider as a threat to themselves or the society at large.
The law court will prohibit such people from the possession, purchase, sales, and handling of firearms in the state.
Brandishing Of Firearm
It is unlawful to illegally brandish a firearm dangerously, or at another person, even if you have the legal right to open carry.
Anyone that brandishes a firearm in a reckless or threatening behavior will be prosecuted for improper conduct while handling a gun.
Such a person can have his/her firearm confiscated.
Possession Of Firearm Under The Influence
Florida law is against the handling of firearms while under the influence of alcohol or any intoxicating substance capable of affecting body faculties.
Hunting In Florida
Open carry in Florida is legal, especially for hunting activities.
Therefore, you can lawfully own, handle and use firearms and other types of weapons for hunting activities such as fishing, legal wildlife gaming, and camping.
The state law has hunter harassment laws to prohibit the disturbance of legal hunting activities.
They include the following:
- A person must not deliberately interfere or disturb hunting activities like fishing and gaming in any state-owned or private wildlife area or aquatic body.
- A person must not try to alter the natural habitat in the wildlife or aquatic body in a bid to prevent or impact a legal hunting activity in the state.