Florida Weapons Crimes — Laws, Penalties & Defense Strategies

Weapons crimes in Florida cover a wide range of offenses — from carrying a concealed firearm without a permit to possessing a weapon on school grounds. Under Florida law, Chapter 790 of the Florida Statutes governs virtually all weapons-related offenses, and FDLE data ranks weapons violations as the ninth most common arrest type in the state. With Florida’s passage of permitless concealed carry in 2023, the legal landscape around weapons has shifted, making it more important than ever to understand what conduct remains illegal.

What Are Weapons Crimes Under Florida Law?

Florida’s weapons laws are codified primarily in Chapter 790 of the Florida Statutes. These laws regulate who may carry, possess, and use firearms and other weapons, and under what circumstances. Florida is generally considered a gun-friendly state, but there are significant restrictions and penalties for violations.

The most frequently charged weapons offenses include:

• Carrying a Concealed Weapon or Firearm Without a License — §790.01
• Open Carrying of a Weapon or Firearm — §790.053
• Felon in Possession of a Firearm — §790.23
• Improper Exhibition of a Dangerous Weapon or Firearm — §790.10
• Discharging a Firearm in Public or on Residential Property — §790.15
• Possessing or Discharging Weapons on School Property — §790.115
• Having a Weapon During Commission of a Felony — §790.07
• Furnishing Weapons to Minors — §790.17

Additionally, Florida’s 10-20-Life statute (§775.087) imposes severe mandatory minimum sentences when a firearm is used during certain felony offenses.

Florida Statutes Governing Weapons Crimes

Florida Statute §790.01 — Carrying a Concealed Weapon or Firearm

This statute prohibits carrying a concealed weapon or firearm on or about one’s person without a valid license. As of July 1, 2023, Florida became a permitless carry state, meaning law-abiding adults who can legally possess a firearm may carry a concealed firearm without a license. However, this does not mean all restrictions were removed:

• Concealed firearm (without license but legally permissible post-2023): A person who is not otherwise prohibited from possessing a firearm may carry a concealed firearm without a license, provided they are 21 or older (or 18+ for military members).
• Concealed weapon (non-firearm) (without license): Carrying a concealed weapon such as a knife, billy club, or tear gas without a license remains a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
• Concealed carry while prohibited: If the person is prohibited from possessing a firearm (e.g., convicted felon, person adjudicated mentally defective), carrying concealed is a third-degree felony, punishable by up to 5 years in prison.

It is important to note: permitless carry does not apply to everyone. Individuals convicted of a felony, those under certain court orders, and persons adjudicated mentally incapacitated remain subject to prosecution.

Florida Statute §790.053 — Open Carrying of Weapons

Florida generally prohibits open carry of firearms and weapons. Openly carrying a firearm or weapon in public is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Exceptions include:

• Law enforcement officers in the course of their duties
• Lawful hunting, fishing, or camping activities
• Target shooting at a licensed range
• Brief and incidental exposure of a concealed firearm

Florida Statute §790.23 — Felon in Possession of a Firearm

It is unlawful for any person convicted of a felony in Florida or any other jurisdiction to own, possess, or control a firearm, ammunition, or electric weapon/device. This is one of the most serious weapons offenses in Florida.

• Standard offense: Second-degree felony — up to 15 years in prison, $10,000 fine.
• Armed career criminal (3+ prior violent felony convictions): Enhanced penalties apply under §775.084, potentially resulting in life imprisonment.
• A 3-year mandatory minimum sentence applies if the defendant has actual physical possession of a firearm and has a prior felony conviction for a violent offense enumerated in §790.23(1)(a).

Florida Statute §790.07 — Having a Weapon During a Felony

If a person displays, uses, threatens to use, or attempts to use any weapon or firearm while committing or attempting to commit a felony, the penalties are severe:

• Display or use of any weapon during a felony: Second-degree felony — up to 15 years in prison, $10,000 fine.
• Display or use of a firearm during a felony: First-degree felony — up to 30 years in prison, $10,000 fine.
• These charges are stacked on top of the underlying felony charge, meaning a defendant faces separate convictions for both crimes.

Florida Statute §790.10 — Improper Exhibition of a Dangerous Weapon or Firearm

This statute prohibits carrying or displaying any dirk, sword, sword cane, firearm, electric weapon, or other deadly weapon in a rude, careless, angry, or threatening manner, except in lawful self-defense. This is often charged in road rage incidents, bar altercations, or disputes where a weapon is brandished.

• Penalty: First-degree misdemeanor — up to 1 year in jail, $1,000 fine.
• Note: If the exhibition occurs during the commission of another crime, enhanced penalties may apply.

Florida Statute §790.15 — Discharging a Firearm in Public

It is unlawful to knowingly discharge a firearm in any public place or on residential property. Florida law treats this offense differently depending on the circumstances:

Florida Statute §790.115 — Weapons on School Property

Possessing any firearm, electric weapon, or deadly weapon on school property or at a school-sponsored event is strictly prohibited. “School property” includes public and private school grounds, school buses, and college/university campuses.

• Possession of a firearm or electric weapon on school property: Third-degree felony — up to 5 years in prison, $5,000 fine.
• Possession of any other weapon (knife, billy club, etc.) on school property: First-degree misdemeanor — up to 1 year in jail, $1,000 fine.
• Discharging a firearm on school property: Second-degree felony — up to 15 years in prison, $10,000 fine.

Florida Statute §790.17 — Furnishing Weapons to Minors

It is illegal to sell, give, or otherwise furnish any weapon or firearm to a minor under 18. This statute also imposes a duty on adults to secure firearms from minors under 16.

• Furnishing a firearm to a minor under 18: Third-degree felony — up to 5 years in prison, $5,000 fine.
• Storing or leaving a loaded firearm within reach of a minor under 16: Second-degree misdemeanor — up to 60 days in jail, $500 fine.
• Exception: A parent or guardian may transfer ownership of a firearm to a minor under limited circumstances for hunting, target shooting, or safety training with proper supervision.

Florida’s 10-20-Life Statute (§775.087)

Florida’s 10-20-Life law imposes mandatory minimum sentences when a firearm is used during the commission of certain enumerated felonies (including robbery, burglary, aggravated assault, kidnapping, carjacking, and sexual battery):

These sentences cannot be suspended, deferred, or reduced. They apply regardless of any other provisions in the sentencing code and are mandatory even for first-time offenders.

Penalties for Weapons Crimes in Florida — Summary Table

Common Defense Strategies

Unlawful Search and Seizure

Fourth Amendment protections are especially important in weapons cases. If law enforcement discovered a firearm or weapon during an illegal traffic stop, an unlawful pat-down, or a search without probable cause, the evidence may be suppressed. This is one of the most common and effective defenses in weapons possession cases, particularly when a weapon was found during a “consent search” that the defendant did not actually consent to.

Lack of Knowledge or Intent

For charges under §790.23 (felon in possession), the state must prove the defendant knowingly possessed the firearm. If the defendant was unaware of the weapon’s presence — for example, a passenger in a car where a gun is found in the glove compartment, or a visitor in a home where a roommate owned the firearm — the knowledge element may be absent. Similarly, if the defendant believed their firearm rights had been restored, that may negate the willfulness element.

Self-Defense or Justification

Florida’s Stand Your Ground law (§776.012) can apply as a defense to certain weapons charges. For improper exhibition (§790.10), the statute explicitly exempts lawful self-defense. For discharging a firearm charges, a valid claim of self-defense may justify the use of deadly force. However, the defendant must show they reasonably believed deadly force was necessary to prevent imminent death or great bodily harm.

Statutory Exceptions or Permissible Conduct

Florida law provides numerous exceptions to weapons prohibitions. For example, hunting, fishing, camping, target shooting at a licensed range, and traveling with a securely encased firearm provide legal defenses to certain charges. If the defendant falls within one of these statutory exceptions, the charges should be dismissed.

Mistaken Identity

In cases involving the discharge of a firearm or improper exhibition, eyewitness identification can be unreliable. Many weapons charges arise from chaotic incidents where multiple people are present, and witnesses may misidentify the person who actually possessed or used the weapon. Ballistic evidence, DNA testing, and surveillance footage can help establish the defendant was not involved.

Frequently Asked Questions

Can I carry a concealed firearm in Florida without a permit?

As of July 1, 2023, Florida law allows any person who is 21 or older (or 18 or older if serving in the military) and who can legally possess a firearm to carry a concealed firearm without a permit. However, this does not apply to convicted felons, persons adjudicated mentally defective, or those subject to certain court orders. A concealed weapons license is still available and offers reciprocity with other states for those who travel.

Is open carry legal in Florida?

No. Florida generally prohibits open carry of firearms and weapons. Openly carrying a firearm in public is a second-degree misdemeanor under §790.053, punishable by up to 60 days in jail and a $500 fine. Exceptions exist for hunting, fishing, camping, target shooting, and law enforcement activities.

Can a felon ever own a gun in Florida?

Under §790.23, a person convicted of a felony in Florida or any other jurisdiction cannot own, possess, or control a firearm or ammunition unless their firearm rights have been restored through a clemency process or a full restoration of civil rights by the Florida Office of Executive Clemency. This prohibition is permanent unless specifically restored — there is no automatic reinstatement of firearm rights after completing a sentence.

What is the difference between a “weapon” and a “firearm” under Florida law?

Under §790.001, a “firearm” is any device that expels a projectile by the action of an explosive — including handguns, rifles, shotguns, and certain starter pistols. A “weapon” is broader and includes any dirk, knife, metallic knuckles, billy club, tear gas gun, chemical spray, or electric weapon/device. The distinction matters because different penalties apply depending on whether the item is classified as a firearm or a weapon.

What happens if I accidentally bring a firearm onto school property?

Under §790.115, possessing a firearm on school property is a third-degree felony, even if the possession was unintentional. However, a court may consider the lack of intent as a mitigating factor at sentencing. Some cases may be eligible for diversion programs for first-time offenders, particularly in situations involving forgetfulness or mistakes.

Can I get my firearm rights restored after a felony conviction in Florida?

Yes, but the process is not automatic. You must apply to the Florida Office of Executive Clemency for a restoration of civil rights, which includes firearm rights. The process involves a background investigation, a waiting period, and a review by the Clemency Board. For violent felonies, the process is more restrictive and may require a hearing before the Governor and Cabinet. There is no guaranteed timeline, and many applications take years to process.

What should I do if I’m charged with a weapons crime in Florida?

First, do not make any statements to law enforcement without an attorney present. Write down everything you remember about the incident, including the exact circumstances of how law enforcement came into contact with you and whether they had a warrant or probable cause. Preserve any evidence, including video footage, witness contact information, and any documentation of your firearm rights. Contact an experienced Florida criminal defense attorney immediately — weapons charges carry severe penalties, including mandatory minimum sentences in certain cases, and early attorney involvement can make a significant difference in the outcome.

Contact a Florida Weapons Crimes Defense Attorney

If you or a loved one faces weapons charges in Florida — whether for carrying a concealed firearm without a license, felon in possession, improper exhibition, or any other weapons offense — the consequences can be life-altering. Even misdemeanor weapons convictions can result in jail time and a permanent loss of firearm rights. A skilled Florida criminal defense attorney can evaluate the circumstances of your case, challenge unlawful searches, negotiate with prosecutors, and build the strongest possible defense. Contact a Florida criminal defense lawyer today to discuss your case.