In Florida, the laws regarding carrying firearms have undergone significant changes, particularly with the passing of House Bill 543 in 2023. This legislation, often referred to as “permitless carry,” authorized individuals to carry concealed weapons without a state-issued license. However, a recent appeals court ruling has brought significant changes to open carry as well.
Permitless Concealed Carry
House Bill 543, which went into effect on July 1, 2023, allows any person who is legally eligible to own a firearm in Florida to carry a concealed weapon without a permit. The same eligibility criteria for a concealed weapons license still apply. This means individuals must be at least 21 years old and must not be disqualified from owning a firearm for reasons such as a felony conviction, a domestic violence misdemeanor, or a history of substance abuse or mental health issues.
Under this law, a person carrying a concealed firearm must have a valid government-issued photo identification and present it to a law enforcement officer upon request. It is a noncriminal violation punishable by a $25 fine if they fail to do so.
Open Carry
The state’s ban on open carry (Florida Statute 790.053) was recently declared unconstitutional by a unanimous ruling from the First District Court of Appeal in the case of McDaniels v. State. The court’s reasoning was that the right to “bear arms” under the Second Amendment includes the right to do so openly, and that a complete prohibition on open carry for law-abiding citizens is a violation of that right.
This ruling effectively makes the state’s open carry ban unenforceable. As a result, any municipality or local government attempting to prohibit open carry is now violating the Second Amendment, as the court’s decision applies statewide.
However, the ruling does not affect all existing regulations. Individuals are still prohibited from carrying firearms in a number of locations, including but not limited to:
- Police, sheriff, or highway patrol stations
- Prisons, jails, and detention facilities
- Courthouses and courtrooms
- Polling places
- Any school, college, or university facility
- Any professional or school athletic event
- The inside of a passenger terminal or sterile area of any airport
- Any establishment that primarily sells alcohol for consumption on the premises
- Any meeting of a governing body of a county, municipality, or school district
- Any place where the carrying of firearms is prohibited by federal law
Additionally, the ruling does not prevent private property owners or businesses from prohibiting the carrying of firearms on their premises.
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