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For most of Florida’s 180 years, it was unlawful for a person to carry a concealed firearm on their person. The law changed in 2023, but the change has been widely misunderstood. This article provides some context and tries to explain what the law does and does not change.
On Monday, April 3, 2023, Florida Governor Ron DeSantis signed House Bill 543 into law. This bill, strengthening the Second Amendment, eliminates the requirement that an individual obtain a state-issued permit prior to carrying a concealed firearm in Florida. This is a big deal. Beginning July 1, 2023, permitless concealed carry for lawfully owned weapons will become legal, if specific requirements are met. There are some restrictions that we will discuss, but remember, it will not only be easier for the “good guys” to carry concealed firearms, but also for “bad guys,” who are not convicted criminals or otherwise ineligible. Guns are no less dangerous because of this change, so, BE CAREFUL.
Florida’s concealed weapons permit program has been successful and well-respected. As far as we know, nobody who has received a concealed weapons carry permit has been convicted of a crime relating to the possession of weapons. The permit is fairly easy to receive – it requires roughly four hours of classroom time, firearm instruction time, and passing a reasonable test. The majority of the people who have taken the course agree that it was more than worthwhile. It is unfortunate that fewer people will take the course now, and more people carrying concealed guns will have no training whatsoever. I think it is important for every person who owns and intends to carry a firearm, to take a safety course and a shooting proficiency course. A short course on the laws of the use of force would also be helpful. These things are not required, but they are a very good idea.
Florida has joined 25 other states in allowing permitless carry of concealed firearms.
Following the bill’s passage Florida joins Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansa, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming as the 26th state to enact a permitless concealed carry law. As of July 1, 2023, a majority of states now have a permitless concealed carry law. But what exactly does that mean?
What Was The Law Until July 1, 2023?
Prior to the new permitless carry law, to carry a concealed gun in Florida, one needed a concealed carry permit, or the firearm had to be securely locked in a separate container. The “two step rule” held that you had to go through at least two steps in order to possess the gun ready to use. This could include being locked in a glove box or securely encased in a holster with a separate locking snap. “Concealed” refers to the firearm being obscured from the normal sight of others. With a concealed carry permit this may include keeping the gun under one’s clothing, or without a permit keeping the gun in a locked box, locked filing cabinet, or car glove compartment. Failure to comply with the concealed carry law was considered a breach of peace. Depending on the weapon, the punishment for permitless concealed carry included a potential first-degree misdemeanor (for a non-firearm weapon) or (for a firearm) a third-degree felony charge. If convicted one could face fines up to $5,000 and up to five years imprisonment. With the passage of the new law, compliance with the present restrictions for those not holding a concealed carry permit will no longer be required, and in turn the penalties will no longer be applicable.
What Does Permitless Carry Allow?
The new law allowing “permitless carry” does not equal “open carry.” The law only allows permitless carry of concealed firearms. This right does not enable someone to openly carry a gun in public. The rules in the old cowboy movies will not apply. You will not be permitted to walk around with your firearm in open view. While not a felony, open carry will continue to be a misdemeanor that could get you a year in jail. Also, under both the old and new version of the law there are places where the permit is ineffective. You may not possess a concealed firearm for example, in a courthouse, a police station, a place where alcoholic beverages are served, the secure area of an airport or a number of other locations set out in the statute.
Some Important Points in the New Law:
The new law is nicely summarized by the creation of F.S. 790.01, pasted below with comment:
“790.01 Unlicensed Carrying of concealed weapons or concealed firearms.—
(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).”
I won’t go through each of these subsections, mentioned in (b) above. They are easy to look up and read for yourself. In short, you have to be eligible to have received a concealed carry permit under the existing law, but you do not have to actually obtain one before carrying concealed.
Sections (2) and (3) of FS 790.01 (pasted below) describe the remaining penalties under the law. They are self-explanatory.
“(2) Except as provided in subsection (5) (3), a person who does not meet the criteria in subsection (1) is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device, as those terms are defined in s. 790.001, on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) is not licensed under s. 790.06 and who carries a concealed firearm, as that term is defined in s. 790.001, on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
Section (4) explains the Burden of proof in any prosecution, and it is very “user friendly.” It is pasted below:
“(4) 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. 790.06(2)(a)-(f), and (i)-(n), (3), and (10).”
Section (5) explains the difference between a concealed “weapon” and a concealed “firearm” and the exclusions and penalties for the offenses. It is pasted below:
“(5) A person does not violate this section if he or she
(a) Is lawfully in possession of
(a) person who carries a concealed weapon or a concealed firearm, as those terms are defined in s. 790.001, or a person who may lawfully possess a firearm and who carries such a concealed weapon or concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.
(b) A person who Carries for purposes of lawful self-defense, in a concealed manner:
1. A self-defense chemical spray.
2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
Finally, Section (6) makes clear that if you use your weapon in the commission of a crime you can still be prosecuted. See Section (6) pasted below:
“(6) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 533 790.235, or for any other criminal offense.”
Another new statute created by the new law is section 790.13, which sets out some clear obligations for anyone choosing to carry concealed. See below:
“790.013 Carrying of concealed weapons or concealed firearms without a license.—
A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b):
(1)(a) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer.
(b) A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court.
(2) Is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm.”
Pretty clear. If you “concealed carry,” have your photo ID on you and present it if requested by the cops.
Who is not eligible for a license?
The State will have to prove that you were not eligible to obtain a carry permit at the time of your arrest. What sorts of things would render a person ineligible?
- Age- In Florida, you must be at least 21 years of age to own or possess a handgun. If you are 20 years old and are found in possession of a concealed firearm, you can be prosecuted because you are not eligible to get a permit.
- Convicted felons are not eligible to obtain a concealed carry permit. The State can use that person’s prior conviction as proof that they are ineligible to obtain a permit and therefore prohibited from carrying a firearm concealed. The maximum penalty is 5 years in prison.
- If you are on probation and have been ordered not to possess any firearms while on probation.
- If your carry permit has been suspended or revoked for an arrest on any charge.
The new law goes on in some detail to discuss the issues of reciprocity with other states, the right of law enforcement “off duty” officers to carry, and other details that will not directly affect most of us. I would still recommend that every agent that intends to carry a concealed weapon or firearm thoroughly read and reread this new law. Know it better than the cop who is asking you questions if anything goes south.
SUMMARY:
Effective July 1, 2023, people in Florida may carry a firearm concealed on their person or in their vehicle without a concealed carry permit if they are eligible for such a permit if they applied.
Proof of eligibility is not a defense to a charge of carrying a concealed firearm. The State is required to prove, as an element of the crime, that you were not eligible at the time you were arrested for concealed carry. This change in the law does not authorize “open carry” of a firearm, only concealed firearms. Everyone planning to carry a firearm with them should familiarize themselves with all of the details in Chapter 790 Florida Statutes before leaving the house.
One More Thing-
Speaking of talking to the cops, remember that my advice to every client, and to everybody I care about is Never Talk to the Cops Without an Attorney. Be polite. Be soft-spoken. Be professional.
But be totally “uncooperative” with respect to helping the police sort out their case, especially when that “case” may be against you. Be as respectful and soft spoken as possible but inform the officer(s) that you have been advised by your attorney to never talk with them without an attorney present, and that respectfully, you are going to take that advice. If they try to threaten you (by advising you that unless you explain you are going to jail,) call their bluff, even if it means going quietly to jail. We can sort it out later. If the police appear to be asking questions that include your conduct, and that could conceivably lead to your arrest, decline politely to speak with them. There may be an exception, but none come to mind. If in doubt, Just Shut Up!
Hal Uhrig, Esq.
The Defense Group
37-9 S. john Young Parkway
Suite D, Box 10
Orlando, FL. 32839
407-831-1956
