Is carrying a concealed gun without a license still a crime in Florida?

Florida's concealed carry law changed in 2023 (chapter 2023-18, Laws of Florida). Section 790.01, Florida Statutes, now authorizes a person to carry a concealed weapon or concealed firearm if he or she is licensed under section 790.06, or "is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license." Arrests still happen, because many people do not meet those criteria and do not know it. This page explains who may carry, where carrying is still prohibited, and what the charges are. Mr. Mead's approach to these cases is on our concealed weapons offenses page.

Openly carrying a firearm is governed by a different statute, section 790.053, and is outside this page. Mr. Mead's other practice areas are listed on the criminal defense page.

Who may carry concealed without a license?

A person who meets the license criteria in section 790.06(2)(a) to (f) and (i) to (n), (3) and (10). The two license steps that are not required are the stated desire for a legal means to carry and proof of firearm training (s. 790.06(2)(g), (h)). The criteria that most often decide a case are these:

What are the charges if a person is not eligible?

The statute does not reach a person lawfully possessing a concealed weapon or firearm while evacuating under a mandatory evacuation order, or a person carrying a self-defense chemical spray or a nonlethal stun gun designed solely for defense (s. 790.01(5)). A person with a felony record faces a different and more serious charge, explained in the penalty for a convicted felon found with a gun.

How does a concealed carry case start, step by step?

1. The encounter. A traffic stop, a call for service or an event security check reveals a concealed gun.
2. The ID demand. A person carrying without a license must carry valid identification and show it when a law enforcement officer asks (s. 790.013(1)).
3. The eligibility check. Officers check age, record, injunctions and other criteria against section 790.06.
4. Arrest and first appearance. If they believe the person is ineligible, the person may be arrested and sees a judge within 24 hours (Fla. R. Crim. P. 3.130); the first hours are described in the first 48 hours after an arrest in Palm Beach or Broward.
5. The State's burden. In any prosecution under section 790.01(2) or (3), the State must prove "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" (s. 790.01(4)).
6. Sentencing, if convicted. The felony is scored at level 5 under the Criminal Punishment Code, as explained in how a felony sentence is calculated in Florida.

Where is concealed carry still prohibited?

A permitless carrier is subject to the same list of prohibited places as a licensee (s. 790.013(2)). Section 790.06(12)(a) lists, among others, police, sheriff and highway patrol stations; jails and prisons; courthouses and courtrooms; polling places; meetings of local governing bodies and the Legislature; school, college and professional athletic events not related to firearms; elementary and secondary school facilities; career centers; the part of a bar or other establishment licensed to serve alcohol on the premises that is primarily devoted to that purpose; most college and university facilities; the inside of an airport passenger terminal and sterile area; and anywhere federal law prohibits firearms. A licensee may carry or store a firearm in a vehicle for lawful purposes (s. 790.06(12)(b)).

What happens to a concealed weapon license after an arrest?

For people who do hold a license, an arrest has its own consequence. When a law enforcement agency, a court, a clerk or FDLE notifies the Department of Agriculture and Consumer Services, the department must temporarily suspend a license, or the processing of an application, if the person "is arrested or formally charged with a crime that would disqualify such person from having a license," until the case is finally decided (s. 790.06(3)(a)). The same happens when an injunction against domestic or repeat violence is issued. If the case or injunction ends in a disposition that does not disqualify the person, the suspension ends, and the department must issue an order confirming that within 90 days after it receives a copy of the final resolution. If the disposition is disqualifying, the suspension stays in place and the department moves to deny or revoke the license. A conviction for a felony that triggers section 790.23, a drug conviction under chapter 893, or a second DUI within 3 years of a first are among the grounds for revocation listed in section 790.06(10).

What changes the answer?

• Old records. Many disqualifiers last 3 years, measured from the finding of guilt or from the end of probation, so the dates matter. Whether a withheld adjudication counts is explained on our page about withhold of adjudication in Florida.
• DUI history. Two or more DUI convictions within 3 years create a presumption of chronic alcohol use (s. 790.06(2)(f)); repeat DUI cases are discussed on our page about repeat DUI offenses.
• Injunctions. A current domestic violence or repeat violence injunction disqualifies the person, and a final domestic violence or stalking injunction separately bars possessing firearms at all (s. 790.233). Surrender and return are covered in guns after a Florida injunction.
• Sealing and expunction. Several disqualifiers end if the record was sealed or expunged, which our records sealing and expungement page covers.
• The type of weapon. A firearm is a felony when carried by an ineligible person; most other concealed weapons are a misdemeanor.
• Self-defense. If the gun was used or displayed in a confrontation, separate questions of justified force arise, covered in how stand-your-ground immunity works.

A worked example

For example, a hypothetical 20-year-old carries a handgun in his waistband to a friend's home in Delray Beach and is stopped for a broken taillight on the way. He has no criminal record. Because section 790.06(2)(b) requires an applicant to be 21, he does not satisfy the license criteria, so permitless carry does not cover him, and carrying the concealed firearm is a third-degree felony under section 790.01(3). A 30-year-old with no disqualifying record who carried the same gun the same way would be covered by section 790.01(1)(b), but would need to carry identification. If that 30-year-old then walked into the bar area of a restaurant, a knowing and willful violation of the prohibited-places list would be a second-degree misdemeanor. The scenarios are invented and predict nothing.

Common mistakes people make

• Assuming "permitless carry" means anyone may carry; the license criteria still apply.
• Forgetting an old withhold or a recent misdemeanor of violence, which can disqualify a person for 3 years.
• Carrying while under an injunction, even one the person plans to contest.
• Carrying into a courthouse, school or bar area out of habit.
• Leaving identification at home while carrying.

What to do this week

1. Collect every court record from the last several years, with dates of findings and of probation ending.
2. Check whether any injunction was ever entered against you and whether it is still in force.
3. Write down exactly where the gun was and how the officer found it.
4. Do not discuss the case on social media or with the officers again without a lawyer.
5. Follow any bond condition about firearms exactly.

Frequently asked questions

Do I still need a license to carry in Florida?

Not if you meet the criteria for one; section 790.01(1)(b) authorizes concealed carry by an unlicensed person who satisfies them. Licenses are still issued under section 790.06, and a person who does not meet the criteria cannot lawfully carry concealed either way.

Is the age limit 21 even without a license?

Yes. Permitless carry requires meeting the criteria in section 790.06(2)(a) to (f), and paragraph (b) requires being 21 or older.

Can I keep a gun in my car?

Section 790.06(12)(b) says a licensee is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes, and a permitless carrier is subject to section 790.06(12) in the same manner as a licensee (s. 790.013(2)). The eligibility criteria still apply.

Who has to prove I was ineligible?

The State. Section 790.01(4) makes it an element of the offense that the person was both unlicensed and ineligible.

Does a concealed weapon charge affect sealing later?

Yes, in some cases. Court-ordered sealing and expunction are not available to a person who was adjudicated delinquent for carrying a concealed weapon under section 790.01(2), unless that juvenile record was expunged (ss. 943.059(1)(b), 943.0585(1)(d)).

What if I have a felony record?

Then section 790.23 applies, a second-degree felony with a possible 3-year minimum.

How can Mr. Mead help?

In a concealed carry case, the question is usually not whether there was a gun but whether the person was eligible and whether the State can prove it. Mr. Mead reviews the record, the dates and the stop. Every case is different, and no outcome can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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