Florida Gun Laws

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNoF.S. 790.065 (13)The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. The law restricting all long guns to those over 21 years old is being challenged in a lawsuit.[50]The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, or a servicemember.
Firearm registration?NoNoF.S. 790.335It is a felony under Florida law to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners.
Owner license required?NoNoNone
Assault weapon law?NoNoNone
Magazine Capacity Restriction?NoNoNone
Permit required for concealed carry?N/AYesF.S. 790.06Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1).
Open carry allowed?NoNoF.S. 790.053Open carry of firearms is generally banned except open or concealed carry is allowed for without a license under 790.25 for certain protected places and activities. Exceptions include in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
State Preemption of local restrictions?YesYesF.S. 790.33See Preemption section below
NFA weapons restricted?NoNoF.S. 790.161Making, possessing, throwing, projecting, or discharging any destructive device, or any attempt to do so is a felony in Florida.
Peaceable Journey laws?NoNoNoneFederal rules observed.
Duty to inform?NoNoNoneFlorida law does not require one to disclose one’s possession of a firearm on contact with Law Enforcement.
Background checks required for private sales?NoNoNone
Red flag law?YesYesF.S. 790.401The police can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others.
Waiting period?YesYesF.S. 790.0655The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks, whichever occurs later.Individual counties can require a waiting period of up to five days. (Florida Constitution Article VIII Section 5(b))This requirement is waived for holders of a Florida Concealed Weapon license.[51]
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