Thomas C. Grajek | May 30, 2025 | Lakeland Criminal Law
In the last decade, Florida significantly changed their gun laws, adding stronger regulations for purchasing weapons and giving the government more control over gun removal.
Florida gun laws include provisions for permitless concealed carry for eligible individuals and specify restrictions for those who can legally possess firearms. Additionally, all firearm purchases from a licensed dealer are subject to background checks and a three-day waiting period.
What Are Florida’s Restrictions on Gun Ownership?
Florida imposes several restrictions on gun ownership, primarily aimed at preventing guns from getting into the hands of individuals deemed a risk to public safety. These gun requirements apply to both purchases from licensed dealers and general possession:
Age Restrictions
You must be 21 years of age or older to purchase a firearm from a licensed dealer, with the exception of law enforcement or corrections officers, and service members, who may purchase shotguns and rifles.
Prohibited Persons
No convicted felons, unlawful users of controlled substances, fugitives from justice, dishonorably discharged individuals, illegal aliens, or those convicted of domestic violence can purchase firearms within the state. Individuals who are subject to active protection orders, under felony indictment, adjudicated mentally defective or involuntarily committed, or currently on probation, are also prohibited from possession.
Three-Day Waiting Period
Excluding weekends and state holidays, a person will be required to wait three days between purchase and delivery of all firearms.
Background Checks
Generally, to purchase a firearm from a licensed dealer in Florida, individuals must go through a background check conducted by the Florida Department of Law Enforcement. Gun owners need to be aware of these restrictions, as violations carry significant penalties. A criminal defense attorney can help clarify gun rights should an issue with gun ownership arise.
Can I Carry a Concealed Firearm in Florida?
Open carry of firearms is generally not allowed, except for specific activities such as hunting, fishing, camping, and target practice. However, according to Florida Statutes 790.06, the state permits a person over 21 years of age to conceal a gun without a permit, as long as the permit requirements are met.
What is Florida’s Stand Your Ground Law?
Florida’s Stand Your Ground law and Castle Doctrine empower individuals to use force in self-defense. Under the Stand Your Ground law, individuals are allowed to use proportional force, including deadly force, if they are lawfully present and facing a serious threat.
The Castle Doctrine specifically presumes a reasonable fear of danger when someone unlawfully enters your home, vehicle, or occupied dwelling, allowing deadly force to repel them. Florida firmly believes in the privacy of your personal space and the right to defend it. The law eliminates the duty to retreat in such situations, empowering residents.
Both these powerful protections come with the crucial caveat that your use of force must always be justified and proportionate to the threat, and you cannot have initiated the conflict.
How Do I Restore My Gun Rights in Florida?
To restore gun rights in Florida, individuals must fill out a clemency application through the Florida Commission on Offender Review. To do so, you must meet the clemency requirements, including paying all financial obligations, having no pending criminal charges, and completing your full sentence. If approved, you may gain back the authority to possess firearms.
Penalties for Violations of Florida Gun Laws
Florida imposes severe penalties for violations of their gun laws. Offenses like unauthorized concealed carry, possession by a prohibited person, or carrying in a prohibited location can lead to felony charges, resulting in significant fines and prison sentences, and permanent loss of the right to possess a firearm. If you are facing charges related to illegal firearms possession, seek immediate legal counsel.
Contact a Lakeland Criminal Defense Lawyer at Thomas C. Grajek, Attorney At Law Today For Help
For more information, please contact the Lakeland criminal defense attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606