Date updated: Aug 27, 2005 @ 1:31 pm

It takes up to THREE MONTHS to get your Florida permit, so please be patient after you apply.

In Florida, the license issued by the state is a "Concealed Weapon or Firearm License" (CWL). As such, it is valid not only for firearms but also for other categories of concealed weapons, such as knives, saps, chemical sprays, etc.

"Open Carry" is (almost) never allowed, whether for licensees or non-licensees! (See exception in "Carry without permit" below)

Reciprocal privileges are granted to resident licensee/permitee of states as indicated below. The Attorney General has authority to enter into agreements with other states.

(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to a trade in of another handgun.

Florida Constitution Article I SEC 8. Right to Bear Arms.

The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

Date updated: Jul 28, 2005 @ 6:42 pm

 
• Request an application by mail or from
  state's website.
   
• Application packet contains detailed instructions
  including return envelope.
   
• State has 90 days to process
  application.
   

Date updated: Jul 28, 2005 @ 6:42 pm

790.06 License to Carry Concealed Weapon or Firearm.

• Application form (2 pages)which requires notarized signature
• $117 cashier's check/money order/certified check/Personal Check(new)
• Training documentation; eight different records can be accepted such as DD214, NRA/State training course, hunter safety, etc.
• Fingerprint card
• One passport sized photo

Date updated: Jul 28, 2005 @ 6:50 pm

Department of Agriculture
Division of Licensing
Post Office Box 6687
Tallahassee, Florida 32314-6687
Phone: (850) 245-5691
Fax: (850) 245-5655
Email Address
AG’s Email

Date updated: Aug 27, 2005 @ 1:32 pm

790.06 (1) License to Carry Concealed Weapon or Firearm.

Five years

Date updated: Jul 28, 2005 @ 6:43 pm

790.06 (5) (b) License to Carry Concealed Weapon or Firearm

$117 [$75 license and $42 fingerprint process fee]

Renewal: $65 for Residents (no fingerprints required for renewal)
$107 for Non-Residents (fingerprints required again at renewal)

Date updated: Jul 30, 2005 @ 8:57 pm

790.06 (12) License to Carry Concealed Weapon or Firearm

• Any place of nuisance as defined in s. 823.05
• any police, sheriff, or highway patrol station;
• any detention facility, prison, or jail;
• any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
• any polling place;
• any meeting of the governing body of a county, public school district, municipality, or special district;
• any meeting of the Legislature or a committee thereof;
• any school, college, or professional athletic event not related to firearms;
• any school administration building;
• any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
• any elementary or secondary school facility;
• any area vocational-technical center;
• any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
• inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or
• any place where the carrying of firearms is prohibited by federal law

In addition, Section 790.11 prohibits firearms in National Forests except during hunting season. This does not apply to a firearm securely stored within a vehicle on a state road.

62-D-2.014 of the State Administrative Code: Allows State Parks to restrict the carrying of firearms in all Florida State Parks. Even those with a Valid License to Carry in Florida can not carry in Florida State Parks.

Florida Statute 823.05 defines a place of nuisance as a "place which tends to annoy the community or injure the health of the community...or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated."

Date updated: Aug 27, 2005 @ 1:33 pm

790.25 (5)(5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.

Date updated: Aug 27, 2005 @ 1:33 pm

790.06 (1) License to Carry Concealed Weapon or Firearm

The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

Date updated: Aug 27, 2005 @ 1:36 pm

790.25 (5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. You can go here if you want to look into it further.

790.25 Lawful ownership, possession, and use of firearms and other weapons.

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

Electric Weapons laws are found in CHAPTER 790.

Date updated: Aug 27, 2005 @ 1:36 pm

790.25 (5)(5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

Florida law allows any person who can legally own a firearm to carry it in his/her vehicle without a license or permit, even loaded, so long as it is "securely encased" and "not accessible for immediate use" (and the statute plainly states that simply placing the firearm in an unlocked glove compartment or briefcase is sufficient, for example). Refer to the Car/Gun Law paragraph above.

Date updated: Aug 27, 2005 @ 1:40 pm

Chapter 776
Justifiable Use Of Force

• 776.012 Use of force in defense of person.
• 776.031 Use of force in defense of others.
• 776.041 Use of force by aggressor.
• 776.05 Law enforcement officers; use of force in making an arrest.
• 776.051 Use of force in resisting or making an arrest; prohibition.
• 776.06 Deadly force.
• 776.07 Use of force to prevent escape.
• 776.08 Forcible felony.
• 776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony.

Date updated: Aug 27, 2005 @ 1:37 pm

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree,

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS

790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.
(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic material, or compressed gas. A ballistic self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6).
(2) This section shall not apply to:
(a) Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open.

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS

790.18 Sale or transfer of arms to minors by dealers.
It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, slungshot, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS

790.06 License to carry concealed weapon or firearm.
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

Date updated: Aug 27, 2005 @ 1:38 pm

The State of Florida has preempted the authority of the counties and cities/towns to regulate firearms in any way other than the ability of the counties to impose waiting periods on firearm purchases made at gun shows.

790.33 Field of Regulation of Firearms and Ammunition Preempted.

(1) PREEMPTION.

Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

(2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.

(a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

(b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.

(c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.

(d) The following shall be exempt from any waiting period:

1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;

2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

3. A law enforcement or correctional officer as defined in s.943.10;

 

4. A law enforcement agency as defined in s. 934.02;

5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or

6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement.

(3) POLICY AND INTENT.

(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.

(b) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act."