Constitutional or permitless carry refers to the legal right to carry a concealed firearm without a license or permit. Constitutional carry in Florida means authorized residents can carry a concealed firearm or other weapon without a concealed weapons license. This law, introduced through HB 543, amends parts of Florida statute 790.
Work with a Criminal Defense Lawyer
A Miami criminal defense attorney who is well-versed in local gun-carrying laws can help you better understand the legislation of constitutional carry or a concealed weapons charge.
Key Takeaways
- Constitutional carry involves the concealed carry of weapons – not the open carry.
- Constitutional carry is limited to carrying a permitless concealed weapon.
- Individuals must still meet specific eligibility requirements.
- Carrying restrictions still apply against carrying weapons in schools, courthouses, and airports.
- Convicted felons or mental health patients can't carry weapons under this law.
What is the Definition of a Concealed Weapon in Florida?
In Florida, the legal definition of a concealed firearm involves more than the use of handguns. Weapons owners may also conceal weapons, such as tasers, tear gas guns, billy clubs, or knives. It excludes the concealment of machine guns.
What Legal Protections Do You Have Carrying a CWL Over Constitutional Carry?
Reciprocity
A concealed weapons license (CWL) offers reciprocity with other states. Constitutional carry is generally limited to the state's borders.
Weapon Types
The Florida CWL allows holders to carry a broader range of weapons than is typically allowed under constitutional carry.
Exemptions
CWL holders are excluded from the mandatory three-day waiting period when purchasing a handgun.
Training Documentation
A firearms safety course is not necessary for constitutional carry, but it is a legal requirement for getting a CWL.
Verification
You can use your CWL to prove you can carry a concealed weapon.
Basic Eligibility Requirements for a CWL in Florida
- Be at least 21 years old.
- Be a United States citizen or legal resident alien.
- Complete a firearms training course.
- Not have been convicted of a felony or certain misdemeanors.
- Not have been adjudicated mentally incompetent.
Essential Eligibility Requirements for Constitutional Carry
- Age: 21 years old (18 for active-duty military).
- Legal Status: Legally allowed to possess a firearm.
- Residency: Florida resident.
- Criminal History: No certain criminal convictions.
- Mental Health: Not committed to a mental institution.
- Substance Use: Not a user of illegal drugs.
- Domestic Violence: Not subject to a domestic violence injunction.
Contact a Criminal Defense Lawyer
If you've been charged with a crime that involves the use or possession of a deadly weapon, you need to discuss your case with a criminal defense lawyer.
