Florida Gun Laws 2025: Complete Guide to Firearm Regulations
Florida has long been considered a gun-friendly state with strong Second Amendment protections, a shall-issue concealed weapons license (CWL) program, robust stand your ground self-defense laws, and powerful state preemption that overrides local gun ordinances. However, Florida's regulatory landscape is more nuanced than its reputation suggests. The Marjory Stoneman Douglas High School Public Safety Act of 2018 introduced significant changes including a minimum purchase age of 21 for all firearms, a mandatory 3-day waiting period, and a risk protection order ('red flag') law. This guide covers every major aspect of Florida gun law as it exists in 2025, with citations to official sources.
- Purchasing Firearms in Florida: Requirements and Process
- Florida's 3-Day Waiting Period: Rules and Exemptions
- Stand Your Ground: Florida's Self-Defense Framework
- State Preemption: Florida's Strong Override of Local Ordinances
- Risk Protection Orders (Red Flag Law) in Florida
- Prohibited Locations and Open Carry Restrictions
- Prohibited Persons and Disqualifying Offenses in Florida
- Vehicle and Transport Laws in Florida
- Frequently Asked Questions
- Sources & Citations
Purchasing Firearms in Florida: Requirements and Process
Florida's firearm purchase requirements changed significantly in 2018 following the passage of the Marjory Stoneman Douglas High School Public Safety Act (SB 7026). The most notable change was raising the minimum purchase age for ALL firearms — including long guns — from 18 to 21. Florida is one of a handful of states that requires buyers to be 21 for any firearm purchase from a licensed dealer, eliminating the federal distinction between handguns (21) and long guns (18). This age requirement was upheld by the 11th Circuit Court of Appeals in NRA v. Bondi (2023).
Beyond the age requirement, Florida does not require a purchase permit, buyer's license, or firearms owner identification card. There is no state firearm registration. The buyer must present a valid government-issued photo ID showing Florida residency (or, for non-residents purchasing rifles/shotguns, ID from their home state). The buyer completes ATF Form 4473 and the dealer conducts a background check through the Florida Department of Law Enforcement (FDLE) — Florida is a point-of-contact state, meaning the FDLE conducts the background check rather than the FBI's NICS Section directly.
Florida imposes a mandatory 3-day waiting period (excluding weekends and legal holidays) between purchase and delivery for all firearms. This waiting period was expanded from handguns-only to all firearms by the 2018 Act. The waiting period is waived for: concealed weapons license (CWL) holders, persons trading in another firearm at the time of purchase, law enforcement officers, military personnel, and persons who have completed a hunter safety course. The CWL exemption is the most commonly used waiver — presenting a valid Florida CWL at the time of purchase eliminates both the waiting period and the need for a separate background check.
Private sales in Florida do not require a background check or dealer involvement for long guns (rifles and shotguns). However, for handgun private sales, Florida Statute § 790.065(12) previously exempted CWL holders from the background check requirement; the 2018 law did not create a universal background check for private sales, but some localities have sought to impose additional requirements (which are preempted by state law). The seller may not sell to a person they know or have reasonable cause to believe is a prohibited person. Both parties must be Florida residents for a private handgun sale without dealer involvement.
Florida Statute § 790.065 - Sale and Delivery of Firearms - Florida Legislature (accessed 2025-01-12)
Marjory Stoneman Douglas High School Public Safety Act (SB 7026) - Florida Senate (accessed 2025-01-12)
Florida's 3-Day Waiting Period: Rules and Exemptions
The mandatory waiting period in Florida is 3 days (not counting the day of purchase, weekends, or legal holidays) between the time of purchase and the time of delivery for all firearms. This means if you buy a firearm on a Monday, the earliest you can take delivery is Thursday (assuming no intervening holidays). If purchased on a Friday, the earliest delivery would be Wednesday of the following week. The waiting period applies to all firearms purchased from licensed dealers.
The most important exemption is for Florida Concealed Weapons License (CWL) holders. Presenting a valid, unexpired CWL at the time of purchase completely waives the waiting period — you can take immediate possession upon passing the background check. This is one of the primary motivations for Florida residents to obtain a CWL even beyond the carry privilege: it transforms the buying process from a multi-day ordeal to a same-day transaction.
Other waiting period exemptions include: active-duty military or law enforcement presenting valid credentials, persons who already hold a valid CWL from another state that Florida recognizes, persons trading in another firearm as part of the transaction, and persons who have completed an approved hunter safety course and are purchasing a firearm for hunting purposes. The hunter safety exemption has been interpreted broadly by some dealers and narrowly by others — some require proof of completion while others accept the buyer's attestation.
The waiting period is measured in calendar days excluding the purchase day, weekends, and legal holidays. If the background check comes back approved before the waiting period expires, the firearm is held at the dealer until the waiting period clock runs out. If the background check is delayed beyond the waiting period, the firearm cannot be delivered until BOTH the background check approval AND the waiting period are satisfied. Dealers must document the waiting period on their records and cannot release a firearm early even with buyer consent.
Florida Statute § 790.0655 - Purchase and Delivery of Firearms; Waiting Period - Florida Legislature (accessed 2025-01-12)
Stand Your Ground: Florida's Self-Defense Framework
Florida's 'Stand Your Ground' law (Florida Statute § 776.012-776.013) is one of the most well-known self-defense statutes in the country and served as the model for similar laws adopted by approximately 30 other states. The law provides that a person who is not engaged in an unlawful activity and who is attacked in any place where they have a right to be has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm or to prevent the commission of a forcible felony.
The 'Castle Doctrine' component (§ 776.013) creates a legal presumption that a person who uses or threatens deadly force against someone unlawfully entering their dwelling, residence, or occupied vehicle was reasonable in their belief that deadly force was necessary. This presumption significantly shifts the burden — the prosecution must overcome it rather than the defendant having to prove justification. The presumption applies when the intruder was unlawfully entering or had unlawfully entered, the person using force knew or had reason to believe the entry was unlawful, and the person using force was not engaged in criminal activity.
In 2017, Florida strengthened its Stand Your Ground law by shifting the burden of proof at pretrial immunity hearings. Under SB 128, when a defendant claims self-defense immunity under § 776.032, the prosecution (not the defendant) bears the burden of proving by clear and convincing evidence that the use of force was not justified. Previously, the defendant bore the burden of proving self-defense by a preponderance of the evidence. This shift makes it significantly harder for prosecutors to overcome a Stand Your Ground claim at the pretrial stage.
Practical implications for Florida gun owners: if you use deadly force in self-defense and your actions fall within the Stand Your Ground framework, you are immune from criminal prosecution AND civil liability. This immunity is determined at a pretrial hearing (before any trial occurs). If the judge grants immunity, the case is dismissed entirely — no trial, no jury, no conviction, and no civil lawsuit. However, if immunity is denied, the case proceeds to trial where self-defense remains available as an affirmative defense (though without the favorable burden shift). Having a thorough understanding of when force is justified — and when it isn't — is critical for any Florida gun owner.
Florida Statute § 776.012 - Use of Force in Defense of Person - Florida Legislature (accessed 2025-01-12)
Florida Statute § 776.032 - Immunity from Prosecution - Florida Legislature (accessed 2025-01-12)
State Preemption: Florida's Strong Override of Local Ordinances
Florida has one of the strongest firearm preemption laws in the nation. Under Florida Statute § 790.33 (enacted 1987, strengthened 2011), the state legislature has declared that it exclusively occupies the field of firearms regulation. Municipalities, counties, and other political subdivisions are prohibited from enacting any ordinance, regulation, measure, directive, rule, or policy relating to firearms, ammunition, or components that is more restrictive than state law. This means gun laws are uniform across Florida — from Miami to the Panhandle.
The 2011 amendment (HB 45) added teeth to the preemption law by creating personal liability for officials who violate it. Under § 790.33(3), any person, county, agency, municipality, district, or other entity that enacts or causes to be enforced any local ordinance or administrative rule in violation of preemption may be subject to: a $5,000 fine against the individual official responsible, removal from office for willful violation, payment of damages and attorney fees to any person adversely affected, and injunctive relief. This enforcement mechanism has been highly effective at deterring local anti-gun ordinances.
Despite preemption, there are narrow areas where local regulation is permitted. Counties may regulate the discharge of firearms (noise ordinances) and may regulate the location of gun ranges through zoning. Counties with populations greater than 800,000 (currently Miami-Dade, Broward, and Palm Beach) were previously grandfathered with existing ordinances predating the 1987 preemption law, but the 2011 amendment retroactively invalidated most of these as well. Local governments may also establish gun-free zones on property they own or control (such as government buildings), but cannot create public carry restrictions that go beyond state law.
The practical effect for Florida gun owners is significant simplicity. Unlike states such as New York, California, or Maryland where gun laws vary dramatically between cities and counties, Florida gun owners need only understand one set of laws. Whether you're in Jacksonville, Tampa, Orlando, or Miami, the same rules apply for purchase, possession, carry, and use of force. This uniformity also benefits FFL dealers, who can operate under a single compliance framework regardless of their location within the state.
Florida Statute § 790.33 - Field of Regulation of Firearms Preempted - Florida Legislature (accessed 2025-01-12)
Risk Protection Orders (Red Flag Law) in Florida
Florida's Risk Protection Order (RPO) law, enacted as part of the 2018 Marjory Stoneman Douglas Act (§ 790.401), allows law enforcement officers (and ONLY law enforcement — not family members or civilians) to petition a court for an order temporarily prohibiting a person from possessing or purchasing firearms if there is clear and convincing evidence that the person poses a significant danger to themselves or others. Florida was the first traditionally 'red flag' state to enact such a law among Republican-led legislatures.
The RPO process works in two stages. First, a temporary (ex parte) RPO may be issued by a judge based solely on law enforcement's petition and supporting affidavit — without notice to the respondent or a hearing. This temporary order lasts up to 14 days and requires the respondent to immediately surrender all firearms and ammunition to law enforcement or an FFL for safekeeping. Second, within 14 days, a full hearing is held where the respondent has the right to appear, present evidence, cross-examine witnesses, and be represented by counsel. If the court finds by clear and convincing evidence that the respondent poses a significant danger, a final RPO is issued for up to 12 months.
If an RPO is issued, the respondent must surrender ALL firearms and ammunition, is prohibited from purchasing or receiving firearms, and fails any background check during the order's duration. Violation of an RPO (possessing firearms while subject to the order) is a first-degree misdemeanor (up to 1 year jail). The respondent may petition to vacate the order one time during the 12-month period, and the order expires automatically if not renewed. Renewal requires the petitioning agency to file a new petition with updated evidence.
Florida's RPO law has been among the most actively used in the nation. According to state data, Florida courts issued over 6,000 RPOs in the first four years of the law's existence, with the majority involving individuals in mental health crisis (suicidal ideation) rather than threats toward others. Critics argue the law violates due process by temporarily depriving a person of firearms without a prior hearing; supporters point to the requirement for a full hearing within 14 days and the clear-and-convincing evidence standard as adequate procedural protections. Multiple court challenges have been filed, but Florida courts have upheld the law's constitutionality.
Florida Statute § 790.401 - Risk Protection Orders - Florida Legislature (accessed 2025-01-12)
Florida Courts - Risk Protection Order Statistics - Florida State Courts System (accessed 2025-01-12)
Prohibited Locations and Open Carry Restrictions
Florida does NOT permit open carry of firearms in most public places. Unlike Texas, Arizona, or other states with open carry provisions, Florida Statute § 790.053 makes it a second-degree misdemeanor to openly carry a handgun or other weapon. The only exceptions are: while engaged in fishing, camping, or lawful hunting; while going to or returning from such activities; while target shooting at an indoor or outdoor range; or while engaged in the secure transport of firearms between authorized locations. Open carry at permitted activities must be genuine — courts have found that a brief stop for gas while 'going to or from' hunting does not excuse open carry.
Concealed carry (with a CWL) is prohibited in numerous specific locations under § 790.06(12). These include: any place of nuisance (as defined by § 823.05), police/sheriff/highway patrol stations, detention facilities, courthouses, polling places, government meetings, school administration buildings, school property, career centers, colleges and universities (with exceptions for secured vehicles in parking lots), professional or college athletic events, any establishment serving alcohol where the primary purpose is alcohol consumption, portions of airports (terminals), and any federally owned property.
The school prohibition deserves special attention. CWL holders may NOT carry on school grounds, in school buildings, or at school-sponsored events. However, under Florida law (§ 790.115), a CWL holder may have a firearm securely encased in their vehicle while picking up or dropping off students — the firearm must remain in the vehicle and must be securely encased (in a closed case, trunk, or snapped holster). This exception prevents parents who carry from having to drive home to disarm before school pickup. Similar vehicle exceptions exist for college campuses and employer parking lots.
Private property owners in Florida may prohibit firearms on their premises, but unlike Texas (with its 30.06/30.07 sign system), Florida does not have a specific statutory signage requirement for firearms prohibition. A private property owner's verbal request or posted sign (of any design) is sufficient to communicate the prohibition. However, carrying concealed past a 'no firearms' sign in Florida is NOT a criminal trespass violation — it becomes trespass only if you refuse to leave when asked. Some legal experts recommend complying with posted signs regardless, as remaining after being asked to leave IS criminal trespass.
Florida Statute § 790.053 - Open Carrying of Weapons - Florida Legislature (accessed 2025-01-12)
Florida Statute § 790.06(12) - CWL Prohibited Locations - Florida Legislature (accessed 2025-01-12)
Prohibited Persons and Disqualifying Offenses in Florida
In addition to federal prohibited person categories (18 U.S.C. § 922(g)), Florida adds state-specific disqualifiers. Under Florida Statute § 790.23, it is a second-degree felony for a convicted felon to possess any firearm, ammunition, or electric weapon. Unlike some states that restore gun rights automatically after a waiting period, Florida requires a formal restoration of civil rights (including gun rights) through the Executive Clemency Board — a process that can take years and has no guaranteed outcome.
Florida's felony prohibition is strict: conviction of ANY felony (state or federal) permanently bars firearm possession until rights are formally restored by the Clemency Board or a presidential pardon. There is no automatic restoration after a set period, no provision for non-violent felons to regain rights automatically, and the Clemency Board has significant discretion in granting or denying restoration. This is among the most restrictive post-conviction firearms policies in the country, despite Florida's otherwise gun-friendly reputation.
Additional Florida-specific prohibitions include: persons adjudicated mentally defective or committed to a mental institution (consistent with federal law), persons under an injunction for protection against domestic violence or repeat violence (§ 790.233), persons who have been adjudicated delinquent as a juvenile for an offense that would be a felony if committed by an adult (until age 24 or rights restoration), and persons subject to a Risk Protection Order. Florida also prohibits possession by persons convicted of misdemeanor domestic violence (consistent with the federal Lautenberg Amendment).
The 2018 Marjory Stoneman Douglas Act added the 21-year-old minimum purchase age, which effectively prohibits persons aged 18-20 from purchasing firearms from FFLs. However, persons 18-20 are NOT prohibited from possessing firearms under Florida law — they may receive them as gifts, inherit them, or obtain them through private transfers (for long guns). This creates the unusual situation where an 18-year-old may lawfully possess a rifle or shotgun but cannot buy one from a gun store. Constitutional challenges to this age restriction were rejected by the 11th Circuit in 2023.
Florida Statute § 790.23 - Possession of Firearm by Convicted Felon - Florida Legislature (accessed 2025-01-12)
NRA v. Bondi, 11th Circuit (2023) - Age Restriction Upheld - U.S. Court of Appeals for the Eleventh Circuit (accessed 2025-01-12)
Vehicle and Transport Laws in Florida
Florida's vehicle firearm laws are governed by the 'securely encased' concept. Under § 790.25(5), it is lawful for a person to possess a firearm in their private conveyance (vehicle) as long as the firearm is 'securely encased or otherwise not readily accessible for immediate use.' 'Securely encased' is defined in § 790.001(17) as in a glove compartment (whether locked or not), snapped in a holster, in a gun case, in a closed box or container, or in a zippered case. This applies to ALL adults — no CWL is required for vehicle carry if the firearm is securely encased.
For CWL holders, there is no 'securely encased' requirement while in a vehicle. A CWL holder may carry a loaded handgun on their person (in a holster), in the console, or anywhere in the vehicle without the firearm being encased. This is a significant practical advantage — it means CWL holders can access their firearm immediately if needed while driving, while non-CWL holders must keep theirs in a case or compartment (adding precious seconds in an emergency).
The 'going to or from' exception (§ 790.25(3)(h)-(l)) allows persons without a CWL to transport firearms openly or unconcealed in certain circumstances: going to or from fishing, hunting, camping, or target shooting; going to or from a firearms dealer for purchase, repair, or trade; and moving between their home and vehicle. During these activities and transit, the firearm does not need to be securely encased. However, the 'going to or from' exception is narrowly interpreted — it does not cover general errands or stops unrelated to the listed activities.
For interstate transport through Florida (for travelers passing through), the federal safe passage provision (18 U.S.C. § 926A) applies. If you can legally possess the firearm at your origin and destination, you may transport it through Florida provided it is unloaded and not readily accessible (locked in a case, in the trunk, or in a locked container if no separate trunk exists). This protects travelers who are transiting Florida without stopping for extended periods. Once you stop and establish a temporary residence (hotel, vacation rental), you become subject to Florida law and must comply with the securely encased requirement or hold a recognized carry permit.
Florida Statute § 790.25 - Lawful Ownership, Possession, and Use - Florida Legislature (accessed 2025-01-12)
Florida Statute § 790.001(17) - Definition of 'Securely Encased' - Florida Legislature (accessed 2025-01-12)
Frequently Asked Questions
Sources & Citations
- Florida Statutes Chapter 790 - Weapons and Firearms - Florida Legislature. Accessed 2025-01-12.
- Florida Statutes Chapter 776 - Justifiable Use of Force - Florida Legislature. Accessed 2025-01-12.
- Marjory Stoneman Douglas High School Public Safety Act (SB 7026) - Florida Senate. Accessed 2025-01-12.
- FDLE - Firearm Purchase Program - Florida Department of Law Enforcement. Accessed 2025-01-12.
State-specific articles covering gun laws, licensing, carry permits, purchase requirements, and more.