Carrying a Concealed Firearm Without a Permit: A Guide to the Charges in Florida

Carrying a concealed firearm in Florida without meeting legal eligibility requirements may result in serious criminal charges. Despite headlines about Florida’s permitless carry law, many people still face arrests for conduct they believed was legal.

The 2023 permitless carry law (HB 543) created confusion about who may carry concealed and where. While the law removed permit requirements for eligible individuals, it did not eliminate restrictions entirely. Those who fail to meet eligibility criteria or carry in prohibited locations still face criminal exposure.

Key Takeaways for Carrying a Concealed Firearm in Florida

• Florida’s permitless carry law does not eliminate all restrictions. Eligibility requirements, prohibited locations, and manner of carry still determine legality.
• Carrying a concealed weapon without meeting the eligibility requirements may lead to misdemeanor or felony charges, particularly for convicted felons or those under protective injunctions.
• Many concealed weapon arrests in Tampa occur during routine traffic stops when officers discover firearms during unrelated encounters.

What Florida Law Says About Carrying a Concealed Firearm

Florida law draws specific lines around concealed carry, and crossing those lines creates criminal exposure. The permitless carry law that took effect in July 2023 removed the permit requirement for eligible individuals, but it did not make concealed carry universally legal. These rules also intersect with issues such as domestic violence charges and firearm rights, which can affect whether someone is legally allowed to possess or carry a firearm.

How Permitless Carry Changed Florida Law

Florida’s permitless carry law (HB 543, effective July 2023) allows eligible adults to carry concealed firearms without obtaining a license. However, the law maintained strict eligibility requirements. Those who do not meet these requirements remain subject to criminal charges for unlawful firearm possession.

What “Concealed” Actually Means

Florida law defines a concealed weapon as one carried in a way that is not readily visible to others. The following factors typically determine whether a firearm is concealed:

• The weapon is covered by clothing, a bag, or other material.
• The weapon is placed in a vehicle compartment that is not in plain view.
• An ordinary observer in the same location would not notice the weapon.

This definition matters because open carry is now legal for eligible adults in most public places following a 2025 court ruling ()McDaniels v. State, but sensitive location rules still apply. A firearm that shifts between open and concealed carry may affect your legal status depending on your eligibility.

Who Qualifies for Permitless Carry in Florida

The 2023 law expanded who may carry concealed without a license, but it maintained strict eligibility requirements. Not everyone benefits from the change.

Eligibility Requirements Under the Permitless Carry Law

To carry a concealed firearm without a permit in Florida, you must meet the same requirements that previously applied to concealed weapon license applicants. These requirements include the following:

• You must be at least 21 years old, or 18 if you are active duty military or an honorably discharged veteran.
• You must be legally eligible to possess a firearm under state and federal law.
• You must not have disqualifying criminal convictions or pending charges.
• You must not be subject to a domestic violence injunction or similar court order.

Failing to meet even one of these requirements removes the permitless carry protection entirely. Many arrests occur when individuals assume eligibility without verifying their status.

Common Disqualifying Factors

Several circumstances disqualify a person from carrying concealed under Florida law. The following situations remove eligibility:

• Prior felony convictions, unless firearm rights have been restored
• Certain misdemeanor convictions, including domestic violence offenses
• Adjudication as mentally defective or commitment to a mental institution
• Active protective orders or injunctions
• Unlawful drug use or addiction

These factors align with federal prohibitions under 18 U.S.C. § 922(g), which bars certain individuals from possessing firearms altogether.

Where Firearms Remain Prohibited in Florida

Even those who qualify for permitless carry face location-based restrictions. Florida law prohibits concealed firearms in numerous places regardless of eligibility status.

Prohibited Locations Under State Law

Florida Statute § 790.06(12) lists locations where concealed carry is prohibited. Carrying in these places may lead to separate charges like trespassing, even if you are otherwise eligible to carry. Prohibited locations include:

• Schools, colleges, and university facilities
• Courthouses and polling places
• Government meetings and legislative sessions
• Bars and establishments that primarily serve alcohol
• Airports and professional athletic events

Carrying in a prohibited location may result in charges beyond any underlying firearm offense. The penalties increase based on the specific location involved.

Charges and Penalties for Ineligible Concealed Carry

The consequences for carrying a concealed firearm without meeting the legal eligibility requirements vary based on the individual’s criminal history and the circumstances of the arrest.

Misdemeanor vs. Felony Exposure

For most first-time offenders who fail to meet eligibility requirements, concealed carry violations may result in misdemeanor charges. However, the charge escalates significantly under certain conditions.

If you have prior concealed weapons convictions or are a convicted felon prohibited from possessing firearms under Florida Statute § 790.23, the charge becomes a third-degree felony. A felony conviction carries up to five years in prison and a $5,000 fine.

How Charges Escalate Quickly

What begins as a concealed weapon issue often grows more serious during the legal process. The following factors may add charges or increase severity:

• The firearm was carried in a prohibited location.
• Additional offenses occurred during the same encounter, such as drug possession.
• The individual is a convicted felon who is prohibited from possessing firearms.
• The weapon was used or displayed in a threatening manner.

A routine traffic stop in Tampa may quickly turn into a multi-count criminal case when these factors combine.

What Happens After a Concealed Weapon Arrest

The period immediately following an arrest sets the tone for the entire case. Decisions made early often affect the available options later.

The Arrest and Booking Process

After an arrest for carrying a concealed firearm, law enforcement typically transports the individual to the county jail for booking. This process includes fingerprinting, photographs, and a review of criminal history. The firearm is confiscated as evidence.

First Appearance and Bond

Florida law requires a first appearance hearing within 24 hours of arrest. At this hearing, a judge reviews the charges and sets bond conditions. For misdemeanor charges, bond is often available. Felony charges may involve higher bond amounts or additional restrictions.

Why Early Legal Defense Matters for Gun Charges

The structure of Florida’s concealed carry laws creates gray areas that affect how prosecutors approach these cases. Early involvement by a defense attorney may influence charging decisions and case strategy.

A Tampa concealed weapon lawyer reviews the circumstances of the stop, the legality of the search, and your eligibility status under current law. This review may identify issues that affect whether the charge proceeds or how it may be resolved.

FAQ for Concealed Firearm Charges in Florida

Does Florida’s permitless carry law apply to visitors from other states?

The law applies to anyone who meets Florida’s eligibility requirements, regardless of residency. However, visitors must still comply with all Florida restrictions, including prohibited locations. Out-of-state residents who do not meet Florida’s eligibility criteria may face charges for concealed carry.

What happens to my firearm after an arrest?

Law enforcement confiscates the firearm as evidence during the arrest. The weapon typically remains in police custody until the case concludes. Depending on the outcome, you may petition for the return of the firearm, or it may be subject to forfeiture.

Does a concealed weapon conviction affect my right to own firearms?

A misdemeanor conviction generally does not prohibit future firearm ownership under federal law. However, a felony conviction results in loss of firearm rights under both state and federal law. Certain misdemeanors involving domestic violence may also trigger federal prohibitions, which can affect a person’s legal rights after charged with domestic violence.

When a Routine Stop Becomes a Criminal Case

Florida’s gun laws have changed, but the consequences for carrying a concealed firearm without meeting legal eligibility requirements remain serious. A single encounter with law enforcement may result in charges that affect your future, your employment, and your rights.

At Taracks & Associates, our team has defended clients facing Florida weapon offenses throughout Tampa for over 30 years. We offer free consultations to help you understand your situation and explore your defense options. Contact us today to speak with a criminal defense attorney who fights for clients when it matters most.