Since July 1, 2023, most Florida adults can carry a concealed firearm without a license. Since then, two appellate rulings have changed the rules again. The result is a lot of confusion, and a common, costly misunderstanding: that “permitless” means anyone can carry anywhere.
It doesn’t. Every week, Florida gun owners who believed they were following the law are arrested for carrying in the wrong place, carrying while ineligible, or mishandling a traffic stop. Here’s what the law actually allows in 2026, and where the lines still are.

What the 2023 Law Did

HB 543 eliminated the license requirement for concealed carry, but it did not eliminate the eligibility requirements. To carry lawfully without a license, you must meet the same criteria you would need to qualify for a concealed weapon license (CWL) under section 790.06 of the Florida Statutes.

The law also added a practical rule many people miss: if you carry without a license, you must have valid identification with you and show it to law enforcement on request. Failing to do so is a noncriminal violation on its own, but it can quickly escalate a routine encounter. You may need a Gainesville criminal defense lawyer for legal assistance if this leads to an escalated encounter.

What Has Changed Since 2023

Open carry. On September 10, 2025, Florida’s First District Court of Appeal ruled in McDaniels v. State that the state’s decades-old open carry ban violates the Second Amendment. The Attorney General then directed law enforcement and prosecutors statewide to stop enforcing the ban against law-abiding gun owners, effective September 25, 2025.

There’s a catch. The open carry ban, section 790.053, is still printed in the statutes. Open carry is legal today because of a court ruling and an enforcement directive, not because the Legislature rewrote the law. That could change, so anyone who open carries should stay current.

Adults ages 18 to 20. On June 17, 2026, the Fourth District Court of Appeal ruled in Eubanks v. State that Florida’s age-21 requirement for carrying is unconstitutional as applied to adults 18 to 20. The Attorney General announced the state would not appeal. An otherwise eligible 18-year-old can now carry on the same terms as older adults.

What Eubanks did not change: Florida’s minimum age to buy a firearm is still 21.

Who Still Can’t Carry

Permitless carry only applies to people who would qualify for a license. You may be prohibited if you:

  • Have a felony conviction
  • Had adjudication withheld on a felony, or on certain misdemeanors, within the past few years
  • Have certain drug-related convictions or a recent history of substance abuse
  • Are subject to a domestic violence injunction or have a domestic violence conviction
  • Have been adjudicated mentally incompetent or involuntarily committed
  • Are subject to a risk protection order

Many people are surprised to learn that a withhold of adjudication, which they were told wasn’t a conviction, can still affect their eligibility.

Where You Still Can’t Carry

Permitless carry changed who needs a license, not where guns are allowed. Florida law still prohibits carrying in places including:

  • Courthouses and courtrooms
  • Police and sheriff’s stations, jails, and prisons
  • Polling places and government meetings
  • Schools, school events, and career centers
  • College and university facilities
  • The portion of a bar or restaurant primarily devoted to serving alcohol
  • Airport passenger terminals and sterile areas
  • Anywhere federal law prohibits firearms, such as post offices and federal buildings

Private property owners can also ban firearms. If you’re asked to leave and don’t, you can face an armed trespass charge, which is far more serious than ordinary trespass.

In your vehicle, eligible adults can carry on their person. If you’re unsure about your eligibility, keeping the firearm securely encased, such as in a closed glove box, console, or zipped case, remains the safest option.

What Permitless Carry Doesn’t Change

Carrying legally doesn’t make every use of a firearm legal. Displaying a gun in anger can still lead to an improper exhibition or aggravated assault charge, and self-defense claims are judged under Florida’s use-of-force laws, including Stand Your Ground.

Federal law also still applies, and Florida’s permitless carry doesn’t follow you across state lines. That’s one reason a concealed weapon license is still worth having. A CWL is recognized in many other states, and license holders are exempt from Florida’s three-day waiting period on firearm purchases.

Common Gun Charges We Still See

Even under Florida’s looser carry laws, these charges remain common:

  • Carrying a concealed firearm while ineligible
  • Possession of a firearm by a convicted felon
  • Carrying in a prohibited location
  • Improper exhibition of a firearm
  • Armed trespass

Every case is different, but defenses often include challenging whether the stop or search was lawful, disputing whether a prior record actually disqualifies you, contesting whether you knowingly possessed the firearm (for example, in a shared car), and raising constitutional challenges in light of recent appellate decisions. With the law changing this quickly, a charge that looked solid a year ago may be vulnerable today.

Frequently Asked Questions

Can I carry a gun without a permit in Florida? Yes, if you meet the eligibility requirements for a concealed weapon license and carry valid ID.

Is open carry legal in Florida now? Currently, yes, for eligible adults, following McDaniels v. State. The same location restrictions apply, and the legal status could change.

Can an 18-year-old carry a gun in Florida? After Eubanks v. State, an otherwise eligible 18- to 20-year-old can carry. They still can’t buy a firearm from a dealer.

Do I have to tell police I’m armed? Florida doesn’t require you to volunteer it, but you must show ID on request if you’re carrying without a license. Staying calm and cooperative is always wise.