Kara Sears
On April 3, 2023, Florida became the 26th constitutional carry state in the US when Gov. Ron DeSantis signed HB 543 into law. The law, which goes into effect on July 1, 2023, allows Floridians to carry concealed weapons without permits, background checks, or training. While supporters of the law argue that it empowers law-abiding citizens, critics worry that it will lead to more injuries and legal troubles for Floridians who have not received proper gun training.
| Characteristics | Values |
|---|---|
| Date the bill was signed into law | 3 April 2023 |
| Date the law goes into effect | 1 July 2023 |
| Name of the bill | HB 543 |
| Name of the governor who signed the bill | Ron DeSantis |
| Name of the senator who filed the bill | Jay Collins |
| Previous requirements to carry a concealed weapon | Background check, firearms training course, and a concealed weapons license |
| Current requirements to carry a concealed weapon | Valid identification |
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What You'll Learn
Florida is the 26th US state to legalise constitutional carry
On April 3, 2023, Florida became the 26th US state to legalise constitutional carry, allowing its residents to carry concealed firearms without a permit. Governor Ron DeSantis signed House Bill (HB) 543, which went into effect on July 1, 2023. This bill strengthens Floridians' Second Amendment rights, allowing them to carry concealed weapons without a government-issued permit.
While constitutional carry permits concealed carry, Florida does not allow the open carry of firearms, with a few exceptions. These exceptions include specific activities like hunting, fishing, and camping. Additionally, those involved in the firearms industry, such as dealers, repairers, or manufacturers, may also open carry. It is important to note that carrying a concealed weapon without authorisation is a third-degree criminal offence.
To conceal carry in Florida, individuals must always carry appropriate identification. Law enforcement officers have the right to ask for identification at any time, and failure to produce it may result in a fine. Florida law also requires individuals to submit proof of competency with a firearm completed within one year of their application.
Florida's transition to a constitutional carry state marks a significant change in firearm regulations. While permitless carry is now allowed, individuals must remain aware of the places where firearms are prohibited and the eligibility requirements for a gun license. Understanding these rules is essential for gun owners in Florida to exercise their rights responsibly and legally.
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The law came into effect on 1 July 2023
On 3 April 2023, Florida Governor Ron DeSantis signed HB 543 into law, making Florida the 26th constitutional carry state in the US. This law came into effect on 1 July 2023.
The law allows Floridians to carry certain concealed weapons without permits, background checks, or training. However, open carry is still illegal in Florida, and those carrying concealed weapons must carry valid identification at all times.
Under the new law, a person is justified in using or threatening to use force when they reasonably believe it is necessary for self-defence or the defence of another person. Additionally, Florida is a Castle Doctrine state, which means that an individual has no duty to retreat if attacked in any place they have a lawful right to be. Instead, they may stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary for self-preservation.
While supporters of the law argue that it empowers law-abiding citizens and that most people who carry concealed weapons will still undergo proper training, critics worry that the law will increase the number of Floridians who are injured or get into legal trouble due to a lack of education on gun laws and safety.
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It eliminates the need for a concealed weapons license
On April 3, 2023, Florida became the 26th constitutional carry state in the US. The new law will come into effect on July 1, 2023, and eliminates the need for a concealed weapons license.
The Second Amendment of the US Constitution protects citizens' right to carry a concealed weapon without government interference. This means that a resident does not have to obtain a state permit to carry a concealed weapon in that state. The new law in Florida allows individuals to carry loaded, concealed handguns in public without first undergoing a background check, obtaining a license, or receiving any firearm training.
The ability to own a firearm and use it in self-defence is a protected right under the Second Amendment. Most gun owners feel strongly that the government should not require a license to exercise their right to keep and bear arms. This includes carrying a firearm concealed.
Constitutional carry eliminates the possibility of bias in the permitting process. It also removes the financial burden of obtaining a license, which can be a significant expense, especially for those in lesser economic positions. For example, in New York, an individual seeking to obtain a concealed carry license is required to take a firearm safety training course, which can cost up to $200.
In addition to New York, several other states have laws requiring individuals to obtain a license to carry a concealed weapon. These laws vary from state to state, with some states having more stringent requirements than others. For instance, Virginia recognizes eight specific training options to prove competency in handgun handling, while Alabama and Georgia only require applicants to pass a background check.
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Open carry is still illegal in Florida
On April 3, 2023, Florida became the 26th constitutional carry state in the U.S. when Gov. Ron DeSantis signed HB 543 into law. However, open carry is still illegal in the state. Florida Statute § 790.053(1) prohibits the open carrying of firearms and electric weapons. This means that it is unlawful for any person to openly carry a firearm or electric weapon in public.
There are, however, some exceptions to this law. Florida Statute § 790.053(2) allows individuals to openly carry non-lethal weapons, such as stun guns or tasers, for self-defence purposes. Additionally, Florida Statute § 790.25(3) outlines several instances when the open carry law does not apply. For example, individuals are permitted to openly carry a firearm when travelling to and from hunting, fishing, camping, or a gun range, as long as the travel is continuous and without any stops. Similarly, § 790.25(3)(n) allows individuals to openly carry a weapon in their home or place of business, but guests, even with the owner's permission, are not exempt from this law.
Furthermore, Florida Statute § 790.25(5) permits the open carry of a rifle or shotgun inside a private vehicle by individuals who are at least 18 years of age. However, this practice is discouraged as it could attract unwanted attention from law enforcement or potential thieves.
While Florida generally prohibits the open carrying of firearms, there are specific circumstances under which individuals are permitted to briefly and openly display their firearms. According to Florida Statute § 790.053(1), individuals with a concealed carry permit may display their firearm to another person as long as it is not done in an angry or threatening manner and is necessary for self-defence. Additionally, Florida prohibits the exhibition of a firearm in a rude, careless, angry, or threatening manner in the presence of others.
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The law empowers law-abiding citizens
On April 3, 2023, Governor Ron DeSantis signed HB 543 into law, making Florida the 26th US state to permit constitutional carry. The law will come into effect on July 1, 2023.
Being a law-abiding citizen is more than simply adhering to rules and regulations. It reflects an individual's commitment to fairness and justice. Law-abiding citizens are pivotal to any harmonious society, as they ensure rules are upheld, rights are respected, and contributions are made to better their communities. They demonstrate an intrinsic sense of accountability, which builds trust among community members.
The Florida constitutional carry law empowers law-abiding citizens by allowing them to exercise their Second Amendment rights without unnecessary government red tape. It recognises that adult citizens retain their constitutional right to keep and bear arms for self-defence, the defence of their families, and the defence of their homes and businesses. This law gives law-abiding citizens the ability to protect themselves and their loved ones, empowering them to take responsibility for their own safety.
Furthermore, the law-abiding citizens of Florida are empowered by this law to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm to themselves or others. This provision ensures that citizens can defend themselves and others without the duty to retreat, which previously may have resulted in avoidable harm.
The new law also empowers law-abiding citizens to use or threaten to use force, except for deadly force, when they reasonably believe it is necessary to defend themselves or others from the imminent use of unlawful force. This provision allows citizens to take proactive measures to protect themselves and others without the need to first retreat, which could put them in further danger.
In conclusion, the Florida constitutional carry law empowers law-abiding citizens by providing them with the tools to protect and defend themselves and their loved ones. It recognises their right to keep and bear arms and removes unnecessary obstacles, allowing citizens to take responsibility for their safety and that of their community.
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Frequently asked questions
July 1, 2023.
The law allows some Floridians to carry concealed weapons without permits, background checks, training, or a concealed license.
Open carry is illegal in Florida.
Carrying a concealed firearm without valid identification in Florida is punishable by a $25 fine.
Carrying a concealed firearm if you are prohibited from owning a firearm in Florida is a third-degree felony.
