Last updated January 2026
Florida’s gun laws have changed — but arrests for unlawful concealed carry still happen every day.
Since 2023, Florida has allowed permitless concealed carry for many adults. In 2025, courts further clarified open carry rights. Yet despite these changes, people are still being arrested for carrying a concealed firearm without a license due to restricted locations, prohibited status, vehicle accessibility issues, or police misinterpretation of the law.
This guide explains when concealed carry is legal in Florida, when it’s still a crime, why arrests still happen, and how these cases are defended.
For a broader overview of Florida firearm offenses and penalties, see our guide to gun crime charges in Florida.
⚖️ Is Concealed Carry Without a License Legal in Florida?
Yes — but only under specific conditions.
Since July 1, 2023, Florida allows permitless concealed carry for adults who:
Are 21 years or older
Are not prohibited from possessing a firearm under state or federal law
Carry the firearm concealed (not openly displayed)
Are not in a restricted location
Are not engaged in criminal conduct
No license, registration, or training is required — but eligibility and conduct matter.
A lawful gun owner can still be arrested if police believe any of these conditions are violated.
🚫 When Concealed Carry Is Still a Crime in Florida
Even with permitless carry, concealed carry remains illegal in many situations.
❌ Prohibited Persons
You cannot carry a firearm — concealed or otherwise — if you are:
A convicted felon
Subject to a domestic violence injunction
Prohibited under federal law
Disqualified due to certain prior adjudications
Permitless carry does not apply to prohibited possessors.
❌ Restricted Locations
Concealed carry is still illegal in places such as:
Schools and school events
Courthouses
Secure airport areas
Polling places
Government meetings
Federal buildings
Private property that prohibits firearms
Carrying in these locations can trigger misdemeanor or felony charges, even if the firearm is otherwise lawful.
❌ Carrying While Committing Another Offense
If police allege you were committing any other crime, even a minor one, concealed carry protections may be lost and enhanced firearm charges may apply.
❌ Improper Display or Conduct
Permitless carry does not protect conduct.
Threatening, reckless, or careless display of a firearm — even briefly — can result in criminal charges, including:
Improper exhibition
Aggravated assault with a deadly weapon
Context, behavior, and intent matter.
🚗 Carrying a Concealed Firearm in a Vehicle
Florida allows firearm possession in a vehicle without a license if the firearm is:
Securely encased (glove box, snapped holster, zippered case, closed container), and
Not readily accessible for immediate use
Common arrest scenarios include firearms that are:
Tucked between the seat and console
Loose under the seat
Within immediate reach without a barrier
These cases often turn on accessibility, placement, and officer interpretation, not criminal intent.
💥 Penalties for Unlawful Concealed Carry
Penalties depend on the facts and your criminal history.
Possible consequences include:
1st-degree misdemeanor (up to 1 year in jail)
3rd-degree felony (up to 5 years in prison)
Firearm forfeiture
Probation
A permanent criminal record
Loss of future firearm rights
A conviction can also affect:
Employment
Housing
Professional licenses
Travel
Eligibility for sealing or expungement
🛡️ How Concealed Carry Charges Are Defended
Many concealed carry cases are defensible, especially after the 2023 and 2025 legal changes.
Defense strategies often focus on:
Illegal traffic stops or searches
Misinterpretation of permitless carry rules
No actual possession (firearm belonged to someone else)
Lawful vehicle encasement
Not being in a restricted location
Lack of criminal intent
Accidental or momentary exposure
Because the law is evolving, police errors are common — and courts scrutinize these cases closely.
👨⚖️ Fort Lauderdale Concealed Carry Defense
Misunderstanding Florida’s concealed carry laws — especially after recent changes — can still lead to serious criminal charges.
At Michael White, P.A., we defend clients facing:
Unlawful concealed carry
Firearms discovered during traffic stops
Vehicle carry arrests
Improper exhibition allegations
Firearm possession by prohibited persons
As a former prosecutor, Michael White understands how these cases are charged — and how to dismantle them.
📞 Call (954) 270-0769 or request a free consultation.
❓ FAQs: Concealed Carry Without a License in Florida
Q1: Do I still need a license to conceal carry in Florida?
No — as long as you’re 21+ and legally allowed to possess a firearm.
Q2: Where is concealed carry illegal?
Schools, government buildings, courthouses, polling places, secure airport areas, federal buildings, and private property that prohibits firearms.
Q3: Can concealed carry turn into improper exhibition?
Yes. Any threatening or careless display can result in criminal charges.
Q4: Do felons benefit from permitless carry?
No. Prohibited possessors may not carry or even possess firearms under any circumstances.
Q5: Can police still arrest me even though permitless carry is legal?
Yes. Lawful carry does not prevent an officer from detaining you if they suspect illegal conduct.