Florida's New Permitless Carry Law: What It Means for You

Personal safety and firearm ownership in Fort Lauderdale entered a new era with the implementation of House Bill 543. Since this legislative shift, Florida has authorized what is commonly known as "permitless carry." While this change is often viewed as a milestone for Second Amendment rights, it has also created a complex web of legal standards that every resident in Broward County must understand to remain in compliance with the law.

Under Florida Statute § 790.01, the requirement to hold a state-issued license to carry a concealed weapon was removed for eligible individuals. However, "permitless" is not a synonym for "unrestricted." In the 17th Judicial Circuit Court, we continue to see cases where responsible citizens face serious charges due to a simple misunderstanding of where and how they can lawfully carry. This guide is designed to help you stay informed while protecting your rights under the law.  Contact the Law Offices of R. David Williams, P.A. to discuss your case.

Key Highlights: Understanding Permitless Carry in Broward County

The implementation of House Bill 543 has fundamentally changed firearm regulations within the 17th Judicial Circuit. Here are the essential takeaways regarding Florida's New Permitless Carry Law:

• Eligibility Requirements for Permitless Carry: Under Florida Statute § 790.01, you must be at least 21 years old and meet the same background criteria previously required for a license, including having no disqualifying felony convictions or domestic violence injunctions.
• Strict Prohibition of Open Carry: In 2025, Florida’s First District Court of Appeal held that the state’s general open-carry prohibition was unconstitutional. However, Fort Lauderdale and Broward County fall within the Fourth District Court of Appeal, which stated in June 2026 that the First District’s decision is not binding within the Fourth District and that Florida Statute § 790.053 remains potentially enforceable there. Because the law’s application may depend on the judicial district and further court developments, people in Broward County should not assume that open carry is lawful.
• Enforcement in Sensitive Gun-Free Zones: Firearms remain strictly prohibited in locations such as the Broward County Main Judicial Center, schools, polling places, and the bar areas of restaurants, regardless of the new carry laws.
• Legal Standards for Vehicle Carry: To remain compliant with Florida Statute § 790.01 while driving in Broward County, a firearm must be either concealed on your person or "securely encased" in a glove box, holster, or closed container.
• Benefits of Maintaining a Concealed License: Many residents still choose to hold a formal CWFL to ensure reciprocity when traveling outside of Florida and to waive the mandatory three-day waiting period for handgun purchases.
• Serious Penalties for Ineligible Possession: If you are found carrying a concealed weapon while legally ineligible, the Broward State Attorney’s Office typically pursues a third-degree felony charge, which carries a potential five-year prison sentence.
• Defense Strategies for Weapons Charges: A skilled legal advocate can often challenge firearm arrests by examining Fourth Amendment violations during a stop or proving that an exposure of the weapon was "brief and unintentional" under state law.

The Core of the Change: Understanding Permitless Carry

Effectively, Florida's New Permitless Carry Law allows individuals who meet specific criteria to carry a concealed firearm without the previously mandated Concealed Weapon or Firearm License (CWFL).

Who Is Eligible to Carry Without a Permit?

To carry a concealed weapon in Fort Lauderdale without a license, you must meet the same fundamental requirements that were previously necessary to have a permit:

• Age Requirement: You must be at least 21 years old (unless you are a service member or an honorably discharged veteran).
• Legal Residency: You must be a citizen or a lawful permanent resident of the United States.
• Criminal Record: You must not be prohibited from possessing a firearm under state or federal law (e.g., no felony convictions or certain misdemeanor domestic violence offenses).
• Physical and Mental Health: You must not suffer from physical infirmities that prevent the safe handling of a weapon and must not have been adjudicated incapacitated or committed to a mental institution.

The "Concealed" Requirement and the Open Carry Prohibition

One of the most frequent points of confusion is the distinction between concealed carry and open carry. In Florida, open carry remains generally illegal under Statute § 790.053.

Defining "Concealed"

A weapon is considered concealed if it is carried on or about a person in such a manner as to hide the weapon from the ordinary sight of another person.

• The Rule: Eligible individuals may generally carry a concealed firearm in Florida without a license, subject to statutory restrictions and prohibited-location rules. Although a 2025 First District Court of Appeal decision held Florida’s general open-carry ban unconstitutional, that ruling is not binding in Broward County. In June 2026, the Fourth District Court of Appeal stated that Florida Statute § 790.053 remains potentially enforceable within its district, which includes Fort Lauderdale. Therefore, individuals in Broward County should not assume that openly carrying a firearm is lawful.
• The Exception: There is a narrow exception for the "brief and unintentional" exposure of a firearm, provided it is not displayed in an angry or threatening manner.
• The Penalty: Florida Statute § 790.053 classifies unlawful open carry as a second-degree misdemeanor, ordinarily punishable by up to 60 days in jail and a fine of up to $500. The statute’s constitutionality and enforceability are currently the subject of differing appellate treatment. In June 2026, the Fourth District stated that the statute remains potentially enforceable within its district, which includes Broward County.

Prohibited Locations: Where You Cannot Carry

Even under Florida's New Permitless Carry Law, there are numerous "sensitive locations" where firearms are strictly prohibited. Violating these restrictions in Broward County can lead to immediate arrest and prosecution in the 17th Judicial Circuit.

Locations Generally Off-Limits to Permitless and Licensed Concealed Carry:

Florida Statute § 790.06 identifies locations where ordinary licensed and permitless concealed carry is generally prohibited, subject to specific statutory exceptions.

• Government Buildings: Any meeting of the Legislature, county commission, or school board.
• Courthouses: Carrying inside the Broward County Main Judicial Center or any local courthouse is a serious violation.
• Schools and Career Centers: All elementary and secondary school facilities, as well as administration buildings.
• Establishments Serving Alcohol: You may not carry into the portion of an establishment primarily devoted to dispensing alcoholic beverages for consumption (i.e., the bar area of a restaurant).
• Airport Terminals: Carrying past the TSA security checkpoint is a violation of both state and federal law.
• Polling Places: Anywhere a vote is being cast on election day.

Why Many Still Choose to Maintain a License

Despite the permitless carry shift, our firm has observed that many dedicated gun owners in Fort Lauderdale still choose to apply for or renew their Concealed Weapon or Firearm License (CWFL). There are several practical advantages to maintaining a formal permit:

1. Reciprocity: If you travel outside of Florida, a permit is often required to carry legally in other states. Without a CWFL, you lose the ability to carry in states that recognize Florida’s license but do not allow permitless carry for non-residents.
2. Purchase Wait Times: Florida law typically requires a three-day waiting period for handgun purchases. Holding a valid CWFL waives this waiting period, allowing for immediate pickup after a background check.
3. Legal Identification: While the new law requires you to carry valid identification (like a driver's license) at all times while armed, a CWFL provides an extra layer of clarity during law enforcement encounters, proving you have been vetted by the state.

Penalties and Legal Challenges

The Broward State Attorney’s Office continues to vigorously prosecute firearm-related offenses. If you are found to be carrying a concealed weapon while ineligible, such as having a disqualifying prior conviction, you could be charged with a third-degree felony, which carries a potential sentence of up to 5 years in Florida State Prison.

Defending Your Rights

If you are facing a charge related to Florida's New Permitless Carry Law, a seasoned legal advocate will examine several factors:

• Constitutional Challenges: Were your Fourth Amendment rights violated during the stop or search?
• Inadvertent Exposure: Was the display of the firearm truly "unintentional" and "brief"?
• Eligibility Disputes: Is the state’s information regarding a prior disqualifying event accurate?

Our firm has represented hundreds of clients in Fort Lauderdale facing weapons-related charges. We focus on a skilled and knowledgeable defense strategy that seeks to mitigate the impact of an arrest on your future and your freedom.

Understanding the Future of Gun Rights in Florida

The shift to permitless carry represents a significant expansion of personal liberty, but it demands an equal expansion of personal responsibility. In a high-traffic urban environment like Broward County, the margin for error is slim. Understanding Statute § 790.01 and the specific boundaries of the 17th Judicial Circuit is the right way to ensure you remain a lawful and protected gun owner.

If you have questions about your eligibility or are currently involved in the legal system due to a firearm-related incident, seeking guidance from a respected legal professional is essential. By protecting your rights under the law, we strive to ensure that your exercise of the Second Amendment does not lead to a permanent criminal record.

Frequently Asked Questions

How does Florida's New Permitless Carry Law change the rules for open carry?

Florida's new law does not legalize open carry. Under Statute § 790.053, carrying a firearm in plain view remains a second-degree misdemeanor in Fort Lauderdale. The law only authorizes permitless carry for weapons that are concealed from the ordinary sight of others. Understanding this distinction is vital to avoiding criminal charges in the 17th Judicial Circuit during public outings or transit through Broward County.

Can I carry a concealed firearm in my car without a license under the new law?

Yes, provided you meet the same eligibility requirements as someone with a permit. The firearm must be concealed on your person or "securely encased" in a glove box, snapped holster, or closed container within the vehicle. If you are stopped by law enforcement in Fort Lauderdale, you are required to carry and display valid identification upon demand. Knowing these vehicle carry rules helps you stay compliant with Florida Statute § 790.01.

What are the specific age and background requirements for permitless carry in Florida?

To lawfully carry without a permit, you must be at least 21 years old and not prohibited from possessing a firearm under state or federal law. This means you cannot have felony convictions, certain domestic violence injunctions, or a history of substance abuse. If you are unsure of your eligibility, consulting a knowledgeable attorney can help you avoid a third-degree felony charge in the Broward County court system.

Are there places in Fort Lauderdale where permitless carry is still prohibited?

Possibly. Interstate carry depends on the law of each state through which you travel. A Florida CWFL may allow concealed carry in states that recognize Florida licenses, but each state may impose its own age, residency, location, and firearm restrictions. Prohibited locations include schools, courthouses like the Broward County Main Judicial Center, polling places, and the bar areas of restaurants. Violating these "gun-free zone" restrictions can lead to immediate arrest. It is your responsibility to know these restricted areas before carrying a concealed weapon in Fort Lauderdale, as the state enforces a zero-tolerance policy in sensitive government and educational facilities.

Do I still need a Florida Concealed Weapon License for travel to other states?

Yes. If you plan to carry a concealed weapon outside of Florida, you will likely need a formal CWFL. While Florida allows permitless carry for its residents, other states only recognize valid permits through reciprocity agreements. Maintaining your license ensures you remain protected under the law when crossing state lines, providing legal peace of mind that permitless carry alone cannot offer for interstate travel.

Seeking Legal Guidance in Fort Lauderdale

If you are facing a firearm-related charge involving concealed carry, open carry, or possession in a restricted location, taking prompt action may help protect your rights and your future. Florida’s permitless-carry laws contain detailed eligibility requirements, location restrictions, and unresolved questions concerning open carry in Broward County.

A dedicated Fort Lauderdale criminal defense attorney can review the circumstances of the stop or arrest, examine whether law enforcement conducted a lawful search, determine whether you were eligible to carry, and explain how Florida’s current firearm laws may apply within the 17th Judicial Circuit.

I’m Fort Lauderdale criminal defense attorney R. David Williams. When you call the Law Offices of R. David Williams, P.A., you speak directly with me. I take the time to review the facts of your case, assess the firearm charge and the evidence against you, explain how Florida’s permitless-carry and prohibited-location laws may apply, and discuss your available defense options clearly and directly.

Call (954) 522-9997 to schedule your free consultation, or use the confidential online form to contact me directly. Same-day responses are common, and after-hours support is available.

Knowledge | Experience | Integrity – R. David Williams

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Law Offices of R. David Williams, P.A.
15 Southwest 10th Street
Fort Lauderdale, FL 33315
(954) 522-9997
https://dwilliamslaw.com/