Florida Unlicensed Conceal Carry Law

‘Qualified Persons’ Can Conceal Carry Under the Law

Please go to the FGSD Article Intro page to read the main objective for this weekly article, my disclaimer, and to review the Four Rules for Safe Gun Handling, and introduction to this article. 

My hope is that you will find this article to be thought provoking enough to incentivize you to further your ability to know the law and to effectively run your gun in self-defense. To receive the full article in your email please consider becoming a paid subscriber at $6 per month or $60 per year on my Substack website FloirdaGunSelfDefense.net. 

Today’s Lawful2Shoot? Focus: Florida Law State Statute 790.013 – “Carry of Concealed Weapons or Concealed Firearms Without a License”. For you to understand this law (Enacted July 1, 2023) you’ll need to understand SS 790.01 (1)(b), and 13 sections and subsections in SS 790.06.

The main fact that you need to understand is that only “Qualified Persons” can conceal carry a weapon or firearm (legal definition of a weapon does not include a firearm) on your person. In other words, if you don’t qualify for a conceal carry license under SS 790.06, then you can’t conceal carry a firearm or weapon under SS 790.013.

And just as is the case with licensed conceal carriers, “Qualified Persons” must provide valid personal identification when asked by law enforcement when you conceal carry. And I would strongly advise you to ask the officer for his instructions in the manner in which you proceed regarding your weapon and or firearm---don’t act on your own. Wait for the officer’s order of procedure and then provide your I.D. as instructed.

The officer can and most likely will conduct a background check so expect it to take some time to determine if you are in fact a Qualified Person. Remember, ignorance of the law is never an excuse for breaking the law. It’s your responsibility to know if you are in fact a person who qualifies for a license before you conceal carry without one…...legally.  

For the sake of this article’s objective, I’m going to assume you as the reader are a qualified person. And because of whatever reasons you’ve opted to not obtain a license. Florida law makes it clear; all citizens have a right to have a means of protecting themselves from deadly threats by using lawful deadly force---a right given by The Creator and protected by the US Constitution’s Second Amendment.

Again, ignorance of the law is not allowed as an excuse in a court of law. The legal system firmly asserts plainly that once you ‘go to the gun’ either to carry or use in self-defense’ you are legally responsible to know every applicable law, without excuse. Not knowing the laws and carrying a gun is equal to being on the fast track toward a felony conviction.

There is no such thing as getting too much gun handling and firearm self-defense training. I’ve been training daily for over 12 years so that I can know by experience when I can legally go to the gun and when I can’t. It is a fact that most conceal carriers fail to remain lawful and become felons by misreading a non-deadly threat situation as being deadly, as defined by state statutes. Aggravated Assault with a Firearm is a serious felony. It will ruin your life. Lawful people sit in prison because of making this type of mistake.

I would encourage you at the very least to self-educate on all aspects of your firearm. Practice with an empty chamber. Learn to draw your pistol from concealment quickly. Learn to handle the gun in all aspects related to daily conceal carry. Come to a point in self-education that you know you are operating safely and efficiently and legally when faced with a questionable and seemingly threatening situation---to know the difference between a non-deadly and deadly threat.   

You should be automatically using the four rules for safe gun handling when handling your firearm. You can implement any of the four rules and achieve safe handling but fail to implement one and your life is ruined.   There is a great deal you can learn and implement without spending money just by using commonsense reasoning.

Ok, the following might seem laborious, and quite frankly it’s an exorcise……but not in futility. Knowing the law provides peace of mind and a better conceal carry life. So, consider reading the following laws as a labor of love…. for yourself.  

Advantages of a Conceal Carry License which Unlicensed Conceal Carriers don’t have.

1. Negate the need for compliance to the Federal School Zone Law which prohibits carrying concealed or otherwise of a firearm within 1000 feet of a “School Zone”.

2. Firearms Law Reciprocity in 37 states – as of Dec. 2023

3. Immediate Firearms Purchase Possession with no mandatory three-day wait period.

4. Conceal Carry on Religious Institution Properties which are owned, rented, or lawfully used.

5. Provides confidentiality; it can’t be disclosed as a public record.

6. Covers all concealable weapons and firearms, listed or unlisted, except “destructive devices and machine guns” ---also includes all types of knives with 4” fixed blades or longer.

7. Positive Law Enforcement Engagements due to prior personal background checks and validation---very few if any criminals acquire conceal carry licenses.

(Underlined Italics sections below provide direction through the legal construction order of the new law.)

FL State Statute - 790.013 - Carrying of concealed weapons or concealed firearms without a license.—-A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b): 

(1)(a) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer.

(b) A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court.

(see 790.01 (1)(b) below to know if you’re authorized to carry without a license under the new law)

(2)  Is subjected to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm. -- (Scroll down to last statue section below to learn the 15 prohibited places for unlicensed conceal carry)

FL State Statute – 790.01 (1)(b) - Carrying of concealed weapons or concealed firearms. —

(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:

(a) Is licensed under s. 790.06; or

(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06- (2)(a)-(f) and (i)-(n), (3), and (10).

Thirteen Qualifications and Prohibitions Required to be a Qualified Person

FL State Statute – 790.06 (2)(a) -(f) and (i) –(n), (3), and (10)

Subsections – (2) (a) – (f) – (7 Qualifications – Prohibitions)

(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:

(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;

(b) Is 21 years of age or older;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;

(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;

(e) Has not been:

1. Found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or

2. Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to be committed for the abuse of a controlled substance under this subparagraph;

(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;

Subsections (2) (i) – (n) - (6 prohibitions qualifications)

(i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the adjudication occurred is deemed not to have been adjudicated an incapacitated person under this paragraph;

(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph;

(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;

(l) Has not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;

(m) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

(n) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

Subsections (3) - The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation, or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.

Subsection (10) - A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee: -- (8 – Possible Ineligibility, Suspensions, or Revoking Situations)

(a) Is found to be ineligible under the criteria set forth in subsection (2);

(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;

(c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23;

(d) Is found guilty of a crime under chapter 893, or similar laws of any other state, relating to controlled substances;

(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state;

(f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years after a first conviction of such section or similar law of another state, even though the first violation may have occurred before the date on which the application was submitted;

(g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or

(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.

Notwithstanding s. 120.60(5), service of a notice of the suspension or revocation of a concealed weapon or concealed firearm license must be given by either certified mail, return receipt requested, to the licensee at his or her last known mailing address furnished to the Department of Agriculture and Consumer Services, or by personal service. If a notice given by certified mail is returned as undeliverable, a second attempt must be made to provide notice to the licensee at that address, by either first-class mail in an envelope, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department, or, if the licensee has provided an e-mail address to the department, by e-mail. Such mailing by the department constitutes notice, and any failure by the licensee to receive such notice does not stay the effective date or term of the suspension or revocation. A request for hearing must be filed with the department within 21 days after notice is received by personal delivery, or within 26 days after the date the department deposits the notice in the United States mail (21 days plus 5 days for mailing). The department shall document its attempts to provide notice, and such documentation is admissible in the courts of this state and constitutes sufficient proof that notice was given.

The following is not a part of the requirements which must be met to be a Qualified Person, but are 15 prohibited places for all conceal carrying individuals.

Florida State Statue 790.06 (12) – Fifteen Prohibited Places

(a) - A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into:

1. Any place of nuisance as defined in s. 823.05;

2. Any police, sheriff, or highway patrol station.

3. Any detention facility, prison, or jail.

4. Any courthouse.

5. Any courtroom, except that nothing in this section precludes a judge from carrying a concealed weapon or concealed firearm or determining who will carry a concealed weapon or concealed firearm in his or her courtroom.

6. Any polling place.

7. Any meeting of the governing body of a county, public school district, municipality, or special district.

8. Any meeting of the Legislature or a committee thereof.

9. Any school, college, or professional athletic event not related to firearms.

10. Any elementary or secondary school facility or administration building.

11. Any career center.

12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose.

13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile.

14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or

15. Any place where the carrying of firearms is prohibited by federal law.

(b) A person licensed under this section is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

(c) This section does not modify the terms or conditions of s. 790.251(7).

(d) Any person who knowingly and willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

To conclude and review: What you need to know in order to remain legal while carrying a concealed firearm without a license is that there are a total of 30 elements of the law which you need to know and comply with.

Basically, to carry without a license you need to be able to qualify with everything to obtain a conceal carry license with the exception of the Firearms Training and Experience Qualifications, Standards, and Documentation, and the Physical Licensing Requirements, Steps, and Procedures.  In other words, you can lawfully bypass the legal red tape procedures. But make no mistake, you’re your checked by law enforcement, you better have a clean record and meet the 13 qualifications.

Therefore, if an officer of the law asks you if you’re carrying a concealed firearm, you must produce valid identification and be ready if required, to wait for a “general qualifications check” to ensure you would have license qualifications minus the training and educations aspects of the license requirements i.e. a “Qualified Person” to conceal carry a firearm.