Florida Open Carry: Laws, Requirements, Application & Online Training
Introduction
Florida is known for its beautiful beaches, sunny weather, and diverse culture. However, when it comes to gun laws, the state has stringent regulations, especially regarding open carry. While concealed carry is permitted, it requires a state-issued firearm license. This article will delve into the details of Florida’s open carry laws, concealed carry permits, and other crucial regulations related to firearms.
Florida Gun Law Summary
Florida operates on a “shall-issue” policy for concealed carry permits. These permits are supervised by the state’s Department of Agriculture and Consumer Services. The minimum age to purchase a firearm in Florida is twenty-one, and no purchase permit or NICS background check is required, except in certain counties with pre-emption laws.
Is It Legal To Open Carry In Florida?
No, open carry of firearms is illegal in Florida, even with a permit. The only exceptions are for law enforcement officers and members of the military. However, limited activities such as hunting, camping, fishing, shooting competitions, and range shooting do allow for open carry.
Florida Open Carry Laws
Florida is considered a non-permissive open-carry state, which means open carry is only allowed for specific activities, primarily related to self-defense or hunting. The state prohibits the use of antique firearms and replica antique firearms. Additionally, machine guns are banned, except for law enforcement officers and those with explicit permission.
Quick Overview of Florida’s Open Gun Laws
| Law/Policy | Long Guns | Handguns | Comments |
|---|---|---|---|
| State permit for open carry | No permit | No permit | Open carry is illegal in Florida and only allowed 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 restricts open carry of assault weapons. |
| Magazine limit | No | No | There are no magazine limit restrictions for firearms in Florida. |
| 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 allows prohibiting individuals from firearm possession based on court acceptance. |
| Castle doctrine law | Yes | Yes | Florida uses the castle doctrine law for self-defense and protection of properties and lives. |
| Background check for private dealers | No | No | There are no background checks for private firearm sales in Florida. |
| Pre-emption | Yes | Yes | Florida’s pre-emption law supersedes local restrictions on firearm possession. |
| Concealed carry permit | Yes | Yes | A concealed carry permit is required in Florida for carrying a concealed firearm. |
| Concealed carry in personal vehicle | Yes | Yes | Concealed carry is allowed in personal vehicles. |
| Open carry in Schools | No | No | Open carry is prohibited in schools, colleges, and universities. |
| Duty to inform for open carry | No | No | There is no obligation to inform about open carry if done legally. |
| Duty to inform for concealed carry | No | No | There is no obligation to inform about concealed carry with a valid permit. |
Where Is It Legal To Open Carry In Florida?
While open carry is generally illegal in Florida, there are some specific places where it is permitted:
- Hunting and Fishing: Open carry is allowed for hunting, fishing, and camping activities.
- Firearm Dealers and Manufacturers: Individuals involved in firearm dealing, repairing, or manufacturing can open carry.
- Firearm Training and Shooting Ranges: Open carry is allowed during live-fire sessions for training, practicing, and shooting competitions.
Where Is It Illegal To Open Carry In Florida?
On the other hand, there are numerous places where open carry is strictly prohibited:
- Schools and Educational Institutions: Open carry is not permitted in elementary, and secondary schools, colleges, universities, or their facilities.
- Athletic Fields: Open carry is banned in stadiums or event centers used for professional sporting activities not related to firearms events.
- Law Enforcement Offices: Firearms are not allowed in police or local sheriff’s offices and patrol stations.
- Prisons: Open carry is prohibited in jails, detention homes, and correctional facilities.
- Court of Law: Firearms are not allowed in law courts or during court proceedings.
- Elections: Open carry is banned in any polling unit during elections.
- Governing Board Meetings: Firearms are prohibited during legislative sessions or any meeting organized by the governing body of a municipality, district, or county.
- Healthcare Centers: Open carry is not permitted in hospitals or any mental health facility.
- Bars: Firearms are not allowed in bars or anywhere that has a license to sell alcohol for onsite consumption.
- Airport Areas: Open carry is prohibited in safety zones of airport areas and terminals.
- Restricted Areas: Firearms are not allowed in areas prohibited by federal laws.
Relevant Open Carry Law And Legislature In Florida
- Firearm Magazine Limit: Florida does not restrict magazine limits for open carry.
- Ammunition Restrictions: Assault weapons and certain types of ammunition are prohibited for open carry.
- Pre-emption Law: Florida has pre-emption laws that supersede local government regulations on firearms.
- Red Flag Law: Law enforcement can file petitions to prohibit individuals deemed dangerous from possessing firearms.
- Brandishing Of Firearms: Brandishing a firearm in a reckless or threatening manner is illegal.
- Possession Of Firearm Under The Influence: Handling firearms under the influence of alcohol or drugs is against the law.
- Hunting In Florida: Open carry is permitted for hunting and related activities, but hunter harassment laws protect lawful hunting.
Conclusion
Understanding Florida’s weapons laws, including open carry regulations and concealed carry permits, is essential for responsible firearm ownership in the state. While open carry is generally prohibited, concealed carry is possible with the appropriate license. It is crucial to respect and abide by these weapons laws to ensure personal safety and compliance with the state’s regulations.
FAQs;
Q1. Do I Need A Permit For Open Carry In Florida?
No, you do not need a permit for open carry in Florida, but open carry itself is not allowed except for certain activities like hunting and camping.
Q2. Do I Need A Permit to Buy Firearms In Florida?
No, you do not need a purchase permit to buy a firearm in Florida.
Q3. What Is The Age Requirement To Buy Firearms In Florida?
The minimum age to buy a firearm in Florida is twenty-one years.
Q4. Do I Need To Complete A Background Check To Buy Firearms In Florida?
No, there is no requirement for a background check before purchasing a firearm in Florida, except in some counties for concealed carry permits.
Q5. Where Can I Exercise My No Duty To Retreat Law In Florida?
Florida’s “Stand Your Ground” law allows individuals to defend themselves without a duty to retreat, as long as they are lawfully present in a place where they have a right to be, such as their residence or workplace.
Q6. Is open carry legal in California?
Openly carrying loaded or accessible firearms in public spaces is generally illegal in California for most non-exempt individuals.
Q7. Can you open carry a gun in Florida now?
Yes, Florida allows permitted open carrying of handguns as of October 1, 2021, under the state’s new constitutional carry law.
