Florida Gun Laws in 2026: A Plain-English Overview
Florida gun law has changed more in the last three years than in the two decades before it. Permitless concealed carry arrived in 2023, an appeals court struck down the open carry ban in 2025, and in June 2026 another appeals court opened the Concealed Weapon License to adults aged 18 to 20. Some older rules have not moved at all, including the age of 21 to buy from a dealer and the three-day waiting period. This page walks through where things stand as of September 2026. It is a summary, not legal advice, and the statute text in Chapter 790 of the Florida Statutes always controls.
Who can buy a firearm in Florida
Since 2018, Florida law has said that a person under 21 may not buy a firearm, and licensed dealers may not sell or transfer one to anyone under 21. That applies to handguns, rifles and shotguns alike. The Florida House passed House Bill 133 in January 2026 to lower the age for long guns back to 18, but the Senate did not take it up, and the age 21 rule remains in place. Members of the military and law enforcement have narrow exceptions for rifles and shotguns.
Federal law adds two more limits. Handguns may only be sold by a dealer to residents of the state where the dealer is located, so a handgun buyer at a Florida FFL must be a Florida resident. Rifles and shotguns can be sold to residents of other states if the sale is legal in both states. Anyone barred under federal law, such as people with felony convictions or certain domestic violence records, cannot buy at all.
The background check
The Florida Department of Law Enforcement (FDLE) runs the background check for every dealer sale in the state. When you pick up a gun from a dealer, you fill out ATF Form 4473 and the dealer calls or submits your information to FDLE, which checks state and federal records. Florida does not issue any permit that lets a buyer skip this check. If the check comes back delayed, the dealer must wait for a final answer before handing the gun over.
The waiting period
Section 790.0655 sets a waiting period of three days, not counting weekends and legal holidays, or until the background check is complete, whichever is later. Since 2018 it has applied to all firearms, not just handguns. There are three main exemptions:
- Concealed Weapon License holders. Showing a valid Florida license at the counter skips the wait.
- Trade-ins. Trading in another firearm as part of the purchase.
- Rifles and shotguns for hunters. Buyers who completed a 16-hour hunter safety course and hold the card, or who are exempt from the course and hold a valid Florida hunting license.
The Florida Constitution also lets each county require a waiting period of three to five days for sales on property the public can access. Miami-Dade County has a five-day waiting period in its code, and Alachua County adopted one in 2018. Other counties have their own rules, so ask the receiving dealer what applies in your county before you plan a pickup date.
Buying online and shipping to an FFL
When you order a firearm from our shop, it ships to a licensed dealer you choose, not to your house. The dealer logs it in, you visit with ID, complete Form 4473, pass the FDLE check and wait out any required period. Ammunition, optics and most parts can ship to your door. Our Florida city pages cover local details for 22 cities.
Carrying a concealed firearm
House Bill 543 took effect on July 1, 2023. Under it, a person who meets the eligibility rules for a Florida Concealed Weapon License may carry a concealed handgun without having the license. You must carry valid identification and show it to a law enforcement officer who asks. Our guide to Florida permitless carry explains who qualifies and what the limits are.
The license itself still exists and is still issued by the Florida Department of Agriculture and Consumer Services (FDACS), Division of Licensing. It matters for travel to states that honor Florida's license and for skipping the waiting period. After the Fourth District Court of Appeal ruled in Eubanks v. Florida on June 17, 2026, FDACS says it now issues licenses to eligible applicants 18 and older. See our Concealed Weapon License guide for fees and steps.
Open carry
For decades Section 790.053 made openly carrying a firearm a crime, with narrow exceptions for hunting, fishing and camping. On September 10, 2025, the First District Court of Appeal ruled in McDaniels v. State that the ban was unconstitutional. State leaders said they would not appeal and told law enforcement to stop enforcing the ban. Open carry is now treated as lawful for people who may legally possess a firearm, but this area is still settling, so check current guidance from the Attorney General and your county sheriff before you carry openly.
Places where carry is prohibited
Carrying without a license does not let you carry in places the license does not cover. Section 790.06(12) lists places that stay off limits, including:
- Police, sheriff and highway patrol stations, jails and prisons
- Courthouses and courtrooms
- Polling places
- Meetings of city, county, school board and other governing bodies, and the Legislature
- Schools, school events and, with limited exceptions, college and university facilities
- The part of a bar or restaurant that is mainly devoted to serving alcohol
- Airport passenger terminals and sterile areas
- Places where federal law bans firearms, such as post offices and federal buildings
Private property owners and employers can also set their own rules. Check the full statute before you carry somewhere new.
Guns in vehicles
Florida lets any person who may legally own a gun keep it in a private vehicle if it is securely encased or otherwise not readily accessible. A glove box, whether locked or not, counts as securely encased. With permitless carry, an eligible adult may also carry a concealed handgun on their person in the car. Florida's parking lot law generally protects keeping a lawfully owned firearm locked inside your vehicle at work, with exceptions for schools, prisons and some other sites.
Storage and minors
Section 790.174 requires you to store a loaded firearm in a locked box or container, or secure it with a trigger lock, if you know or should know that a minor under 16 could get to it. Dealers must offer locks and post notices about this law. Letting a child reach an unsecured loaded gun can lead to criminal charges if the child uses it or shows it in public.
Risk protection orders
Since 2018, law enforcement can ask a court for a risk protection order to temporarily remove firearms from a person found to pose a significant danger to themselves or others. The person gets a hearing, and orders last up to a year unless extended.
Self-defense
Florida's self-defense laws in Chapter 776 allow the use of deadly force without a duty to retreat when a person reasonably believes it is necessary to prevent imminent death, great bodily harm or a forcible felony, and they are not engaged in criminal activity and are somewhere they have a right to be. There is also a presumption of reasonable fear when someone unlawfully and forcibly enters your home or occupied vehicle. Our home defense guide covers practical choices.
Hunting rules that touch firearms
The Florida Fish and Wildlife Conservation Commission (FWC) sets what firearms can be used for each species. For deer, rimfire cartridges are not legal, and many management areas have extra rules. Our guides to Florida deer hunting and Florida hog hunting cover seasons and gear.
Preemption
Under Section 790.33, the state has the final say on firearm and ammunition regulation. Cities and counties cannot pass their own gun ordinances beyond what state law and the Constitution allow, such as the county waiting period and background check option described above. Local officials who knowingly violate preemption can face penalties.
Where to check the law
- Florida Statutes, Chapter 790 and Chapter 776, on the Legislature's website
- FDACS Division of Licensing for concealed weapon licenses
- FDLE for background check questions
- FWC for hunting firearms rules
- Your county sheriff for local questions
Laws in this summary were checked in September 2026. Court rulings and new legislation can change them, so confirm anything important with the source before you rely on it.
General information, not legal advice. Current as of September 2026. Laws change; check the official source before you act.
