Florida Gun Laws (2026): Constitutional Carry, Open Carry & Stand Your Ground

Last updated March 22nd 2026

Florida became the 26th state to adopt constitutional carry when Governor DeSantis signed HB 543 on April 3, 2023, effective July 1, 2023. Then in September 2025, the courts struck down the 40-year-old open carry ban. Those two changes fundamentally reshaped what it means to carry a firearm in Florida, and a lot of people are still catching up.

But Florida is a state of contradictions. You can carry without a permit now, but you have to be 21 to buy any firearm (not 18 for long guns like most states). There’s no magazine limit and no assault weapons ban, but there IS a red flag law and a mandatory 3-day waiting period. The gun laws here aren’t neatly “pro-gun” or “anti-gun.” They’re a patchwork that came together over decades of legislation, and you need to know the details.

Florida Gun Laws: The Highlights

• Constitutional Carry: Yes (effective July 1, 2023). Concealed carry without a permit for anyone 21+ who can legally possess a firearm.
• Concealed Carry Permit: Optional. Florida CWFL still available for reciprocity benefits and waiting period exemption.
• Open Carry: Legal as of September 2025 (ban struck down by courts under Bruen). No permit required.
• Minimum Purchase Age: 21 for ALL firearms (raised after Parkland, 2018).
• Background Checks: Required for dealer sales. No requirement for private sales.
• Waiting Period: 3 business days (waived with CWFL).
• Magazine Limit: None.
• Assault Weapons Ban: None. Bump stocks banned (2018).
• Red Flag Law: Yes (Risk Protection Orders, enacted 2018 post-Parkland).
• Stand Your Ground: Yes (Fla. Stat. § 776.013).
• Preemption: Strong. Localities cannot pass stricter gun laws (Fla. Stat. § 790.33).
• NFA Items: All legal (suppressors, SBRs, SBSs, pre-1986 MGs).

Constitutional Carry and Permitless Carry

Governor DeSantis signed HB 543 on April 3, 2023, making Florida a constitutional carry state effective July 1, 2023. Under this law, any person 21 years or older who is legally eligible to possess a firearm may carry a concealed weapon or firearm without a Concealed Weapon or Firearm License (CWFL). The law amends Fla. Stat. § 790.01 to remove the permit requirement for concealed carry.

The CWFL is still available and still worth getting. It provides reciprocity with 37+ other states (permitless carry in Florida doesn’t give you carry rights elsewhere), exempts you from the 3-day waiting period on purchases, and serves as an alternative to a background check at the point of sale. If you travel out of state with firearms, the CWFL is practically essential.

Important: Florida’s constitutional carry applies to concealed carry only. The law that was signed in 2023 did not legalize open carry. That changed separately through the courts.

Open Carry: The 2025 Court Ruling

For 40 years, Florida was one of the few states that banned open carry (Fla. Stat. § 790.053). That changed on September 10, 2025, when the First District Court of Appeal ruled in McDaniels v. State that the open carry ban violated the Second Amendment under the Supreme Court’s Bruen framework.

Attorney General Uthmeier directed law enforcement not to enforce the ban following the ruling. As of March 2026, open carry is legal in Florida without a permit. Location restrictions under Fla. Stat. § 790.06(12) still apply: you cannot carry (open or concealed) in courthouses, schools, airports, polling places, government meetings, or establishments that serve alcohol as their primary business.

This is a significant change and some people are still adjusting to it. If you choose to open carry in Florida, know that while it is legal, you may encounter law enforcement officers who aren’t fully up to speed on the ruling. Carry calmly, know your rights, and consider keeping a copy of the McDaniels ruling on your phone.

Purchase Requirements and Waiting Period

Florida raised the minimum purchase age to 21 for ALL firearms in 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act. This is more restrictive than federal law, which allows 18-year-olds to purchase long guns. Under Fla. Stat. § 790.065(13), no person under 21 may purchase any firearm in Florida, period.

There is a 3 business day waiting period on all retail firearm purchases under Fla. Stat. § 790.0655. Weekends and holidays don’t count toward the three days. The waiting period is waived if you hold a valid CWFL, are a law enforcement officer, or fall into a few other exempted categories. The NRA filed a lawsuit challenging this waiting period in August 2025; the case is ongoing as of this writing.

No purchase permit is required. Private sales between individuals do not require a background check (Florida has no universal background check law). Dealer sales go through the standard NICS check.

Red Flag Law (Risk Protection Orders)

Florida’s red flag law was enacted in 2018 as part of the post-Parkland legislation under Fla. Stat. § 790.401. It allows law enforcement officers and law enforcement agencies to petition courts for Risk Protection Orders (RPOs) to temporarily remove firearms from individuals deemed a significant danger to themselves or others.

Only law enforcement can petition for an RPO in Florida (unlike some states where family members or doctors can petition directly). Temporary orders can be granted ex parte and last up to 14 days. After a full hearing, a final RPO can be issued for up to 12 months and can be renewed.

As of early 2026, Governor DeSantis has been pushing to repeal Florida’s red flag law, calling it a due process violation. Gun-safety advocates are fighting to preserve it. Check current status, as this law may be modified or repealed during the 2026 legislative session.

Stand Your Ground

Florida’s Stand Your Ground law under Fla. Stat. § 776.013(3) is one of the strongest in the country. A person who is in any place where they have a legal right to be has no duty to retreat and has the right to use or threaten to use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.

This extends beyond the home to any public place where you have a right to be. Florida was one of the first states to enact this type of law, and it remains one of the broadest. If you’re involved in a defensive shooting in Florida, Stand Your Ground provides an affirmative defense at a pretrial hearing where the burden is on the prosecution to prove the use of force was not justified.

NFA Items and Preemption

All NFA items are legal in Florida: suppressors, short-barreled rifles, short-barreled shotguns, Any Other Weapons (AOWs), and pre-1986 machine guns. With the federal elimination of the $200 NFA tax stamp effective January 1, 2026, suppressors and SBRs are now more accessible than ever in Florida.

Florida has exceptionally strong state preemption under Fla. Stat. § 790.33. The legislature has declared that it occupies the entire field of firearms and ammunition regulation. Any local ordinance regulating firearms is preempted and declared null and void. Elected officials who knowingly violate preemption face personal civil fines up to $5,000, removal from office, and individuals or organizations can sue for actual damages up to $100,000. This is one of the strongest preemption statutes in the country.

Reciprocity: Out-of-State Permits

Florida’s CWFL has one of the broadest reciprocity networks in the country, currently recognized by 37+ states. This makes the CWFL worth getting even with constitutional carry in effect. Your permitless carry rights only work in Florida. The CWFL gives you carry rights across most of the country.

Florida recognizes concealed carry permits from all states that recognize Florida’s CWFL (mutual reciprocity). The Florida Department of Agriculture maintains the current reciprocity list on their website. If you’re traveling to Florida with an out-of-state permit, verify your specific state is recognized before carrying.

Non-residents can apply for a Florida CWFL, which is why Florida non-resident permits are among the most popular in the country. The application can be done by mail, and the broad reciprocity makes it a useful addition even if you never set foot in Florida.

Prohibited Places

Under Fla. Stat. § 790.06(12), firearms are prohibited in several categories of locations even with a CWFL or under constitutional carry:

• Any place of nuisance as defined by law
• Any police, sheriff, or highway patrol station
• Any detention facility, prison, or jail
• Any courthouse
• Any polling place
• Any government meeting
• Any school, school event, or school administration building
• Any college or university facility (limited exceptions)
• Any career center
• Inside any establishment that serves alcohol as its primary business (bars)
• Inside the passenger terminal and sterile area of any airport

Notably, restaurants that serve alcohol are NOT prohibited as long as the establishment isn’t primarily a bar. You can carry in an Applebee’s. You can’t carry in a nightclub. The “primary business” distinction matters.

Purchasing Process Step by Step

Buying a gun in Florida is straightforward, with one speed bump:

1. Verify you’re 21+. Florida requires you to be 21 to purchase any firearm, including rifles and shotguns. No exceptions.
2. Visit a licensed dealer. Choose your firearm. No purchase permit or pre-qualification needed.
3. Complete Form 4473 and undergo the NICS background check.
4. Wait 3 business days. Once the background check is initiated, there’s a mandatory 3-business-day waiting period (weekends and holidays don’t count). If you hold a valid CWFL, this waiting period is waived and you can take your firearm home immediately.
5. Pick up your firearm after the waiting period expires (or immediately with CWFL).

Private sales between individuals do not require a background check and do not have a waiting period. The 21-age minimum still applies. There’s no registration, no permit to purchase, and no limit on the number of firearms you can buy.

Our Take on Florida Gun Laws

Florida is a genuinely great state for gun owners in 2026. Constitutional carry, newly legal open carry, all NFA items legal, no magazine limits, no assault weapons ban, strong preemption, and Stand Your Ground. The infrastructure is there: massive FFL density, excellent ranges, strong training community, and a culture that broadly supports gun ownership.

The wrinkles are the 21-year-old purchase age (which blocks 18-20 year olds from buying any firearm), the 3-day waiting period (unless you have a CWFL), and the red flag law. The first two are Parkland-era legislation that may eventually face successful legal challenges. The red flag law’s future depends on the 2026 legislative session.

Bottom line: if you’re a legal adult over 21 in Florida, you can own pretty much anything, carry it pretty much anywhere, and the state government has your back against local overreach. Get a CWFL for the reciprocity and waiting period exemption even though you don’t technically need one to carry. It’s worth the $97 and the paperwork.

For the complete statutes, visit Florida Statutes Chapter 790.

FAQ: Florida Gun Laws