Florida's New Unlicensed Conceal Carry Law

What it means for Florida's gun owners and what it doesn't mean.

The main objective of this column is to educate gun owners about gun law and self-defense law. When considering gun ownership, it is imperative to know that “ignorance of the state and federal laws” is not an excuse for unintentionally breaking those laws. It is your responsibility to learn and comply with state and federal laws. The instance you touch a firearm, let alone picking it up, you have put yourself within the legal realm of severe culpability. It is the purpose of this weekly column to inform and educate gun handlers and owners of their personal responsibility as defined under the law.

Secondly, I strongly suggest before you even touch a gun, to learn and implement Colonel Jeff Cooper’s Four Rules for Safe Firearms Handling; One, treat all guns as if they are always loaded with a round in the chamber, even when the gun is empty. Two, never point the muzzle at anything you ‘don’t’ want to destroy. Three, keep your finger off the trigger until your gun sights are on the intended target. Four, always be sure of your target and what is beyond it.  In addition, I would like to add a fifth point, “All bullets when fired, have a very expensive lawyer attached to them.”

Thirdly, firearms are not toys, nor sport objects or pieces of art. Rather, they are extreme tools designed for lawful usage, originally and primarily to save lives when under an unlawful lethal threat of death or grave bodily harm. And secondarily to hunt for food, and for sport shooting, and lastly for recreation.  

With those points in mind, today’s firearms focus will be on House Bill (HB) 543, signed into law and went into effect on July 1, four days ago. This new law is being referred to as, Florida Constitutional Carry, Permitless Conceal Carry and Unlicensed Conceal Carry. To avoid confusion, open carrying of a firearm typically is part of Constitutional Carry laws, but this is not the case with Florida’s new law. I prefer either Permitless Conceal Carry (PCC) or Unlicensed Conceal Carry (UCC) due to the implied emphasis on “Conceal” being a mandatory requirement and open carry being illegal except in four situations.

Open Carry is legal under the conditions in state statute 790.25 section 3 subsection (h) “ …when a person is fishing, camping, hunting or going to or from fishing, camping, hunting”, and under subsection (n) “...when a person is at their home or place of business.” Subsection (n) “…at their home” has been interpreted as being the dwelling and property, of an owner or renter, as defined in the appellate court (Court of Appeals) case Richard Burns v. State of Florida.

Now as to the question of who can legally conceal carry without a permit or license in the state of Florida since July 1, 2023, the following individuals qualify. A person must be a law-abiding resident of the USA who is 21 yrs. of age or older, but if you’re an active-duty armed service member or honorably discharged veteran the age is 18. A person must also meet all the conditions required for obtaining a Florida Concealed Weapon Firearms License (CWFL), which by the way are still available and offer the benefit of reciprocity with cooperating states which recognize Florida’s CWFL, plus the three-day waiting period for firearm’s purchases is waved.

Without a CWFL, you can buy a pistol for conceal carry, but you’ll have to wait three days before receiving the weapon from a licensed firearms dealer, and other states will not allow for you to carry concealed when in their state.

Here are the disqualifying conditions for Florida’s new PCC or UCC law. Unable physically to handle a firearm. Or a felony conviction not restored by the convicting jurisdiction. Having either a felony or a misdemeanor crime of violence, suspended or adjudication withheld, unless three years occurred since probation or conditions set by the court fulfilled. Having a domestic violence injunction, or a repeat violence injunction, currently in force. Having a misdemeanor violent crime in the last three years, or a controlled substance conviction. Or having a record of drug or alcohol abuse or two or more DUI conviction in three years. Being committed to a mental institution or judged incompetent or mentally defective.  Or if a person renounced their US citizenship. And if a person has a dishonorable discharge from the armed services or is a fugitive from justice.

So to be clear, there are no mandatory state-approved training requirements, nor is there a need to provide a DD214 for former military personnel.  But background checks will still occur when firearms are transferred from a licensed firearms dealer to a customer. Additionally, all conceal carrying gun owners must have a valid ID on their person when carrying concealed and must produce their ID when asked by law enforcement to do so.

The same prohibited places remain illegal to carry a firearm under the new law. The list is, Law enforcement stations, places of detention, jail or prison facilities, courthouses, courtrooms, polling places, meeting places of government bodies of the county, public school districts, municipality or special districts. Additionally, meeting places of legislature and related committees, all schools and their administration buildings, and professional athletic events not related to firearms. And any portion of an establishment licensed to dispense alcoholic beverages for consumption, and airport passenger terminals, or any place which prohibits carrying firearms per federal law. And as an aside, it should be understood that any business which prohibits firearms and posts warnings at the front door, can press charges for non-compliance.

Florida has become the twenty-sixth state to enact some form of Constitutional Carry where any law abiding, physically capable, mentally healthy, qualifying citizen, can freely exercise their constitutional right to keep and bear arms without the requirement of government approval.

I would like to point out an important distinction, between the political environment the framers of the US Constitutional experienced as commonplace, and the political environment that we today have as commonplace. That is namely that firearms ownership was an everyday essential part of life. You could not live your life freely and safely without it, because it is a natural rights law; to lawfully defend oneself from grave harm or threat of death.  

Today in Florida, firearms ownership and the freedom to conceal carry one, is now a right and not a privilege given by a governing body. And as a natural right, it goes without saying that firearms education is a personal responsibility, which is an essential element of that right. Just as a book, given to a young child, enables the child to learn to read words on the printed page, which naturally enables the child to become proficient in the language, which in the end, leads to the establishment of a right to a responsible life. The natural right to educate is the foundation upon which all other rights exist. Government is not the source nor the granter of natural rights.  

This article is part of an effort to provide a natural, essential educational process, now that Florida has righted the wrong and restored the natural law of free gun ownership. Experienced gun owners should provide new gun owners with an education in basic firearms handling, to become proficient in firearms safety and understanding gun and self-defense laws. Society will benefit accordingly.  

Florida Gun & Self-Defense offers instruction in all educational levels of gun ownership, from elemental to advanced-tactical.  If you just want to safely, handle your new firearm at home or at the gun range, or desire to master the disciplines necessary for lawful self-defense, custom classes one on one, or group sessions, are available to that end. For more information, please call Dave Douglass at 863-381-8474 Learn to ‘Run A Gun’ safely and legally, and to become a responsible gun owner and carrier.

Resources and References Used:  TheGunWriter.Substack.com, LawofSelfDefense.com, and the book “Lock Stock and Barrel” by Clayton E. Cramer.

Dave Douglass has been a firearms instructor and trainer since 2013. During those ten years, he has applied himself to the disciplines of advance tactical and self-defense shooting, Florida gun law and self-defense use-of-force law. He is an adamant supporter of an original literal interpretation of the Second Amendment and is committed to firearms education in all related fields; first as a student and secondly as an instructor. There is always an element of this discipline to learn and relearn. This article’s purpose is to achieve that endeavor for the great people of Florida, Citizens of the Gunshine State.