With the signature of Florida Gov. Ron DeSantis on April 3rd, 2023, Florida strengthened its citizens Second Amendment rights by allowing individuals to carry a concealed firearm (starting July 1st) without requiring purchase of a concealed carry permit. The measure makes Florida the 26th state to decriminalize concealed carry of a firearm without a permit or any requirement for special training.
This is a big deal because current law makes carrying a concealed firearm without a permit could be as serious as a third-degree felony. A conviction for this offense carries a penalty of up to 5 years in prison and a $5,000 fine. That’s a serious weapons charge which could substantially impact one’s life for the worse. Until now, obtaining a Florida concealed carry permit previously required four hours of classroom time, firearm instruction, and passing a reasonable test. Those without a permit were required to keep their lawful firearms in a locked container. Concealed carry permits allowed individuals to keep their gun under their clothing, filing cabinet, or vehicle glove compartment.
In order for these new protections to apply, the law requires that the individual:
- Be a U.S. citizen.
- Be at least 21 years of age or older.
- Have no disqualifying felony convictions or convictions for any crime relating to violence or drug abuse and no conviction for misdemeanor domestic violence offenses.
The state *may* also deny these protections to individuals on the basis of a history of drug and/or alcohol abuse, commitment to a mental institution, or dishonorable discharge from the military.
And although the law doesn’t technically take effect until July 1st, our Fort Lauderdale criminal defense lawyers understand there will not be legal penalties imposed on individuals between now and then for carrying a concealed firearm in public – so long as they aren’t in a prohibited area. Continue reading