Florida allows people who meet the legal requirements for a concealed weapons license to carry a concealed firearm without the license itself. Carrying a concealed firearm when you do not qualify is a third degree felony, and a convicted felon caught with a firearm faces a second degree felony with a three year mandatory minimum when the gun is actually possessed. Many weapons cases can be defended by challenging the search or whether you actually possessed the weapon.
Key facts at a glance
| Permitless carry | Allowed since July 1, 2023 for people who meet license criteria under § 790.06, Fla. Stat. |
|---|---|
| Unlawful concealed firearm | Third degree felony under § 790.01, Fla. Stat. |
| Unlawful concealed weapon, not a firearm | First degree misdemeanor |
| Felon in possession | Second degree felony under § 790.23, Fla. Stat. |
| Firearm enhancements | Mandatory minimums under Florida's 10-20-Life law, § 775.087, Fla. Stat. |
| Improper exhibition | First degree misdemeanor under § 790.10, Fla. Stat. |
Carrying is still prohibited in many locations, including courthouses, schools and polling places.
Do I still need a license to carry a gun in Florida?
Not always. Since July 1, 2023, § 790.01, Fla. Stat. allows a person who is not licensed but who otherwise meets the criteria for a concealed weapons license to carry concealed. You must carry valid identification and show it to law enforcement on request. People who do not meet those criteria, such as convicted felons or people subject to certain injunctions, can still be charged.
The law also places the burden on the State to prove you were not eligible for a license, which can be an important defense point.
What is the penalty for a felon in possession of a firearm in Florida?
Possessing a firearm, ammunition or electric weapon after a felony conviction is a second degree felony under § 790.23, Fla. Stat., punishable by up to 15 years in prison. If the firearm was actually in your possession, Florida's 10-20-Life statute generally requires a minimum of three years in prison.
These cases often depend on whether the State can prove you knew about the gun and had control of it, especially when it was found in a car or home shared with others.
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How are weapons charges defended?
- Unlawful search. Guns found during an illegal stop or search can be suppressed.
- Lawful carry. You may have been fully eligible to carry under Florida's permitless carry law.
- Constructive possession. Proximity to a weapon is not proof that it belonged to you.
- Self-defense. Displaying or using a weapon to defend yourself may be justified and protected by Stand Your Ground immunity.
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- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
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Frequently asked questions
Is Florida a constitutional carry state?
Florida allows permitless concealed carry for people who meet the requirements for a concealed weapons license. You still must follow location restrictions and carry valid ID.
Can I keep a gun in my car in Florida?
Generally yes, if you are legally allowed to possess firearms. Problems arise when the person is prohibited from possessing firearms or the gun is carried in a restricted place.
What is 10-20-Life in Florida?
It is a sentencing law that imposes mandatory minimum prison terms when a firearm is possessed, discharged or causes injury during certain felonies.
Can a felon own a gun in Florida after time passes?
Not automatically. Firearm rights generally must be restored through Florida's clemency process.
Is showing a gun during an argument a crime?
It can be. Exhibiting a weapon in a rude, careless or threatening way is a misdemeanor, and pointing it at someone can lead to an aggravated assault charge.
Related legal guides
Violent CrimesFlorida's Stand Your Ground Law Explained
Violent CrimesServed With a Domestic Violence Injunction in Florida? How To Respond
Arrests & CourtCan Police Search Your Car in Florida?Related practice areas
Aggravated Assault Defense Attorney
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- Criminal Defense
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- Weapons Charges Defense
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Florida law referenced: § 775.087, § 790.01, § 790.06, § 790.10, § 790.23, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.