FAQ: What Are Florida’s Gun Laws?

Staying updated about Florida’s gun laws requires constant vigilance, especially in light of recent changes affecting penalties for underage possession and use of firearms. Florida’s approach to gun control is defined by a series of statutes that govern firearm ownership, carrying, and using firearms. As a gun owner or someone considering the legal implications of firearm possession, it’s vital to be aware of these regulations. 

At Stechschulte Nell, Attorneys at Law in Tampa consistently monitor Florida statutes for any new or amended statutory language. Our clients know that they are the center of our attention and that we work diligently to ensure that every person we represent receives the full benefit of our extensive knowledge of Florida and federal law and our state and federal courtroom experience. If you are facing gun charges in Florida, contact our office today for a full analysis of your case and to discuss the most effective strategy for your defense. 

  

Florida Statutes Governing Gun Crimes 

Florida Statutes Chapter 790 governs the state’s firearm laws. The recent legislative amendments to this statute, specifically House Bill 1181, have increased maximum penalties for underage possession and use of firearms, reflecting a significant shift in the state’s approach to the growing challenge of gun crimes committed by young people. 

 

Juvenile Possession or Use of a Firearm 

Under the new law, juveniles found to be in possession of a firearm for the first time face a 1st-degree Misdemeanor charge carrying up to 1 year of incarceration and must be held in custody for 5 days, what the authorities have termed a cooling off period. For juveniles facing gun charges for a second or third time, the new law elevates the crime to a 3rd-degree felony carrying up to 5 years in prison and a $5,000 fine. It also requires them to be prosecuted as adults. 

 

Concealed Carry Law 

Under Florida Statute § 790.01, carrying a concealed weapon without a permit was previously a third-degree felony. However, legislative changes that became effective in 2023 allow individuals to carry a concealed firearm without a permit, provided they meet certain criteria. This change aligns with Florida’s commitment to upholding Second Amendment rights while balancing public safety concerns. 

Despite the allowance for no-permit concealed carry, open carry remains largely prohibited in Florida. Florida Statute § 790.053 makes it unlawful for any person to openly carry a firearm or electric weapon. There are exceptions to this rule, including when someone is engaged in, or going to or from, a lawful hunting, fishing, or camping expedition.  

Violation of this statute is a 2nd-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. 

The law outlines the requirements for obtaining a concealed carry permit, if you choose to apply for one despite the no-permit carry allowance. The statute requires applicants to be at least 21 years old, complete a firearms safety course, and pass a background check.  

Convicted felons and those with a history of substance abuse or mental illness, are prohibited from obtaining a permit. 

Stechschulte Nell, Attorneys at Law in Tampa, has a proven track record in defending clients against firearms-related charges. With the complexities of most Florida gun statutes, defendants facing gun convictions need the assistance of highly experienced gun crime defense lawyers. Our firm is always prepared to accept and defend your case, regardless of the offense charged. Only with skilled defense lawyers do defendants have a chance of prevailing against government prosecutors with unlimited resources at their disposal. 

 

Florida Gun Law with Enhanced Penalties 

Florida’s gun laws also include provisions for enhanced penalties in specific circumstances. For instance, under Florida Statute § 775.087, the “10-20-Life” law imposes mandatory minimum sentences for crimes involving the use of a firearm. If a firearm is possessed during the commission of certain felonies, the minimum sentence is 10 years. If the firearm is discharged, the minimum sentence increases to 20 years. If the discharge results in injury or death, the mandatory minimum sentence is 25 years to life. 

 

Safe Storage of Firearms 

Another important statute is Florida Statute § 790.174 addressing the safe storage of firearms. This statute mandates that firearms be securely stored to prevent access by minors. Failure to comply with the dictates of this statute can result in a second-degree misdemeanor charge if a minor gains access to the firearm and uses it to inflict injury or death.  

 

Stand Your Ground Law 

Florida’s “Stand Your Ground” law, (FS § 776.013), allows individuals to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm. The law removes the traditional duty to retreat before using force in self-defense, but only if the individual is in a place where they have a legal right to be. 

Stechschulte Nell, Attorneys at Law, is committed to providing comprehensive legal services for individuals charged with firearm-related offenses. Our dedication to achieving the best possible outcomes for our clients means you can rely on us for the most vigorous defense and well-prepared legal representation in Tampa and the surrounding areas.  

Call 813-280-1244 today for a case review.