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Florida Concealed & Open Carry Laws: What You Must Know (2025 Update)
Serving Escambia, Santa Rosa, Okaloosa & Walton Counties
1. Executive Summary
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Florida law now allows concealed weapons and firearms without a permit (effective July 1 2023) for individuals who meet the same eligibility standards previously required for a permit. Jacksonville Sheriff's Office+2Florida Legislature+2
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As of a 2025 appeals court ruling, the state’s long-standing ban on open carry has been declared unconstitutional and the Florida Statutes § 790.053 prohibition is no longer enforced. Politico+1
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While the law has changed significantly, penalties remain for carrying concealed weapons in prohibited locations, for persons who are disqualified, or for failing to meet eligibility criteria.
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For residents and visitors in Escambia, Santa Rosa, Okaloosa & Walton counties, understanding both the expanded rights and the strict limitations is critical.
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Definitions: Concealed vs. Open Carry
Concealed weapon or concealed firearm — As defined in Florida Statutes § 790.001(3)(a):
“Any handgun, electric weapon or device, tear gas gun, knife, or billie carried on or about a person in such a manner as to conceal the weapon or firearm from the ordinary sight of another person.” USCCA+1
This means that a “concealed” weapon may also include items placed in a personal vehicle or glove compartment, if hidden from immediate view.
Open carry — Previously banned under § 790.053, but a 2025 appellate decision struck down the statute and the Florida Attorney General’s Office now treats open carry as lawful in many circumstances. Politico+1
Note: Even with open carry permitted, there remain statewide and local restrictions—for example, guns in courthouses, polling places, K-12 schools, hospitals and private property where the owner prohibits weapons.
Permitless Concealed Carry — What Changed in 2023 & Still Matters
Under § 790.06, Florida remains a “shall-issue” state for concealed weapons licenses (CWLs) — but that is now optional. Florida Legislature+1
Key points:
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Eligibility criteria still apply (age 21+, U.S. citizen or permanent resident, no disqualifying felony, completion of training or other requirements). Florida Legislature+1
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If you choose not to apply for the CWL, you must still qualify under the same standards, and you must carry valid ID. Not carrying a CWL is no longer illegal—but you open yourself to risk of being required to prove you meet the criteria. Jacksonville Sheriff's Office+1
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CWLs still exist, and they offer added benefits, including permit reciprocity in other states and expedited firearm acquisitions. Jacksonville Sheriff's Office
Location & Carry Restrictions
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Even with permitless and open carry rights expanded, Florida still prohibits weapons in certain areas, and disqualifies certain persons. Some key restrictions:
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You cannot carry a concealed weapon if you are disqualified under § 790.06 — e.g., felons, persons with certain substance disorders, domestic violence injunctions, etc. Florida Legislature+1
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Carrying in prohibited places remains a felony or misdemeanor depending on facts. The Ansara Law Firm
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Private property owners may restrict weapons on their property (signs, parking lots, etc.). Courts ruled one cannot claim an automatic right on private land. Politico
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Local governments cannot impose additional carry requirements beyond state law, due to preemption in Title XLVI. The Florida Senate
What This Means for Gulf Coast Residents
If you are in Escambia, Santa Rosa, Okaloosa or Walton counties:
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You may carry a concealed firearm without a permit—as long as you meet the eligibility criteria under § 790.06.
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If you prefer the CWL, you can still apply and obtain one to get extra protections (reciprocity, immediate firearm purchases, etc.).
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Open carry is now largely lawful, but you still must avoid restricted zones and respect private property rules.
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A conviction for illegally carrying a concealed weapon, or carrying in a prohibited place, remains a felony or serious misdemeanor and triggers downstream impacts on job eligibility, firearm rights, and background checks.
Common Pitfalls & Legal Defenses
Pitfall 1: Assuming “no permit required” means unlimited carry.
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Eligibility still matters. Failing to meet criteria can lead to arrest or citation under § 790.06(12) or § 790.053. Wikipedia+1
Pitfall 2: Carrying without identifying yourself and qualifying under permitless carry.
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You may still be required to display ID; failure results in a $25 non-criminal fine under § 790.06(1)(c). Florida Legislature
Defensive Strategies:
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Show you met all eligibility criteria at time of carry.
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Attack any unlawful search/seizure at traffic stop or encounter.
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Challenge location restrictions or property-owner prohibition.
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Use mitigation or negotiate reclassification if improper carry was unknowing or unintentional.
The Role of CWL (Concealed Weapon/Firearm License)
While not required, the CWL remains relevant. Benefits:
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Multistate reciprocity. USCCA
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No waiting period on certain firearm purchases.
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Lower risk of being challenged by law enforcement.
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A license holder still must meet eligibility – but has the documentation in hand.
Penalties for Violations
If you carry a concealed weapon without meeting eligibility or in prohibited place:
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Often a second-degree misdemeanor (up to 60 days jail, $500 fine), or worse if a firearm and aggravating circumstances. The Ansara Law Firm
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Felony charges occur for carrying in very restricted spaces, or if you are a prohibited person.
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Non-citizens face even greater exposure — gun-related felonies trigger deportation or denial of naturalization.
Action Plan for Yourself
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Evaluate your eligibility under § 790.06 (age, criminal history, mental health, substance history).
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Decide whether to apply for a CWL or carry under permitless rights.
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Train and maintain evidence of firearms-safety course, if you intend to apply for CWL.
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Carry valid photo ID at all times when concealing a weapon.
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Avoid restricted places, and know the rules for private property, schools, bars, polling places, etc.
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Consult an attorney immediately if you are charged — especially if you carry a weapon in your vehicle or public space, where confusion over permitless vs. prohibited zones is frequent.
How Our Firm Can Help
Based in Escambia County and serving Santa Rosa, Okaloosa and Walton counties, Attorney Mitkevicius has extensive experience defending firearm and weapons-regulation cases.
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Eligibility audits — we check whether you qualified at the time of alleged carry.
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Search/seizure review — we challenge improper traffic stops or property searches.
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Location restriction analysis — we examine whether you were in a truly prohibited place.
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Permit issues and reciprocity — we advise on CWL vs permitless strategies.
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Immigration consequences — we assist non-citizens facing gun-law charges that jeopardize residency.
When you face a weapons-charge, every hour counts. Contact Attorney Mitkevicius today for a free consultation and protect your rights on Florida’s Gulf Coast.
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