Florida

Summary of State Firearms Law

Last updated June 10, 2010.

Overview

Florida has enacted a modest number of gun violence prevention laws. Among other things, Florida law does not:

• Require a background check prior to the transfer of a firearm between private parties (although counties may impose such a requirement);

• Require firearms dealers to obtain a state license; 

• Regulate assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Limit the number of firearms that may be purchased at one time; or

• Regulate unsafe handguns (“junk guns” or “Saturday night specials”).

Florida law does, however, impose a waiting period prior to purchase of a handgun.  In addition, firearms dealers in Florida must contact the Florida Department of Law Enforcement ("FDLE") prior to selling a firearm, and the FDLE conducts a background check on the firearm purchaser.  

Local governments in Florida generally lack authority to regulate firearms or ammunition, although they may require a background check prior to the transfer of a firearm between private parties and may extend the waiting period as described below. 

Florida requires the Department of Agriculture and Consumer Services to issue a license to carry a concealed weapon to any applicant who meets certain basic qualifications.

Statistics

Gun Deaths in Florida

Florida ranks 20th among the states in the rate of gun deaths per capita.  In 2007, 2,272 people died from firearm-related injuries in Florida.¹

Crime Guns in Florida

In 2007, Florida was the second top supplier of crime guns to other states. When population is taken into account, Florida ranked 20th among the states in terms of number of crime guns supplied to other states per capita.²

In 2009, 18,714 firearms were recovered in Florida and 12,344 were successfully traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these 12,344 firearms, 9,689 (78%) were originally sold by gun dealers in Florida.³

Number of Federally Licensed Firearms Dealers in Florida

There are 1,755 federally licensed firearms dealers and pawnbrokers in Florida.⁴

State "Right to Bear Arms"

Florida’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Florida provides limited authority for local jurisdictions to regulate firearms in specific areas.  See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Similarly, Florida law prohibits a person from owning or possessing a firearm if the person:

• Has been convicted of a felony, or is under 24 years of age and has been convicted of a delinquent act that would be a felony if committed by an adult;⁵

• Has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence;⁶ or

• Is a “violent career criminal,” as Florida law defines that term.⁷

Please see the Florida Background Checks section for information about additional categories of individuals, such as certain categories of the mentally ill and certain domestic abusers, who are prevented from purchasing firearms by the background check process used in Florida for firearm purchases at licensed firearms dealers.

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

Minimum Age to Purchase / Possess

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Florida law generally prohibits a person under age 18 from possessing a firearm.⁸  However, this prohibition does not apply to unloaded firearms in the minor’s home.  It also does not apply if the minor is:

• Engaged in a lawful hunting activity and is at least age 16 or, if under age 16, is supervised by an adult;

• Engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity, and is at least age 16 or, if under age 16, is supervised by an adult who is acting with the consent of the minor’s parent or guardian; or

• Transporting an unloaded firearm directly to or from one of the aforementioned events.⁹

Florida law penalizes any parent or guardian, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation these provisions.¹⁰ Florida also prohibits any dealer from selling or transferring any firearm to a minor under age 18.¹¹ In addition, Florida law penalizes any person who knowingly or willfully sells or transfers a firearm to a minor without the permission of the minor's parent or guardian.¹² Note that federal age restrictions also apply, and generally prohibit licensed firearms dealers from selling handguns to persons under age 21. For other child safety measures, see the Florida Child Access Prevention section.

Domestic Violence & Firearms

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

Firearm Prohibitions for Domestic Violence Misdemeanants

Florida has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although Florida law requires the Florida Department of Law Enforcement (“FDLE”) to review available records in order to prevent domestic violence misdemeanants who are prohibited by federal law from possessing firearms from passing the background check required before purchase of a firearm at a licensed firearms dealer.¹³ Florida law also requires FDLE to review available records in order to prevent persons who have had an adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence from passing the background check, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.¹⁴  

Firearm Prohibitions and Notifications for Persons Subject to Domestic Violence Protective Orders

Florida law prohibits the purchase or possession of a firearm by any person who has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence.¹⁵ The law explicitly states that it is intended only to be consistent with the federal law that prohibits persons subject to certain domestic violence protective orders from possessing firearms.  Florida law requires a final order of protection to indicate, on its face, that it is violation of Florida law for the defendant to possess firearms or ammunition.¹⁶

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

Florida considers it a violation of a protective order to refuse to surrender firearms if the court ordered the abuser to do so.¹⁷  Florida law does not, however, require the court to include this provision in any protective order.  Florida law also does not explicitly authorize the court to direct law enforcement to remove firearms from an abuser when a protective order is issued.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Florida law does not explicitly authorize or require the removal or surrender of firearms at the scene of a domestic violence incident.¹⁸

Reporting of Domestic Violence Information for Use in Firearm Purchaser Background Checks

Florida maintains at least some restraining order data.  Criminal histories may contain domestic violence misdemeanor convictions.¹⁹

Disarming Prohibited Persons

Florida has no law requiring the removal of firearms from, or the surrender of firearms by, persons who have become prohibited from possessing firearms. Florida does, however, consider it a violation of a protective order to refuse to surrender firearms if the court that issued the protective order ordered the abuser to do so.²⁰

Sales & Transfers

Background Checks

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Florida is a point of contact state for the NICS.  As a result, firearms dealers in Florida must initiate the background check required by federal law by contacting the Florida Department of Law Enforcement ("FDLE").²¹ More specifically, Florida law prohibits a licensed dealer from selling or delivering a firearm from his or her inventory at his or her licensed premises to anyone except a licensed dealer, importer, or manufacturer, without:

• Obtaining a completed form from the buyer or transferee, and inspecting proper photographic identification;

• Calling the FDLE and requesting a check of “the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request;” and

• Receiving a unique approval number from FDLE and recording that number and the date on the form.²²

Upon receiving a request for a background check, the FDLE is required to review any available records to determine if the buyer or transferee is prohibited from purchasing a firearm because he or she has been:

• Convicted of a felony;

• Convicted of a misdemeanor crime of domestic violence; or

• “Adjudicated mentally defective” or “committed to a mental institution” by a court.²³

(Note that individuals in these categories are prohibited by federal law from possessing or purchasing firearms.) Florida law provides definitions of the terms “adjudicated mentally defective” and “committed to a mental institution.” In 2008, Florida law was amended so that persons involuntarily committed for outpatient treatment are now included within the definition of “committed to a mental institution.”²⁴ For information about the restoration of firearm eligibility for persons previously adjudicated mentally defective or committed to a mental institution, please see the Florida Mental Health Reporting section.

In addition, the FDLE must review available records to determine if the buyer or transferee has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.²⁵  If any of these disqualifying conditions exist, the FDLE must inform the dealer that the buyer or transferee is prohibited from purchasing a firearm and must provide the licensee a nonapproval number.²⁶ 

The FDLE must also review available records and issue a conditional nonapproval number if the buyer or transferee:

• Has been indicted or has had an information filed against her or him for a felony;

• Is subject to a domestic violence protective order, or a injunction against repeat violence; or

• Has been arrested for one of 22 enumerated “dangerous crime[s]” or for criminal anarchy, extortion, certain explosives violations, certain controlled substances violations, resisting an officer with violence, certain weapons and firearms violations, treason, assisting self-murder, sabotage, stalking or aggravated stalking.²⁷

The FDLE then has 24 “working hours” (3 business days) in which to determine the disposition of the indictment, information, or arrest and inform the dealer as to whether the potential buyer is prohibited from receiving or possessing a firearm.²⁸ Florida law requires the clerk of a court to respond to an FDLE request for data on the disposition of the indictment, information, or arrest as soon as possible, but in no event later than 8 working hours.²⁹  FDLE must continue its attempts to obtain the disposition information and may retain a record of all approval numbers granted without sufficient disposition information.³⁰  If FDLE later obtains disposition information indicating that the person is prohibited from possessing a firearm, FDLE must revoke the conditional approval number and notify law enforcement.³¹ During the time that disposition of the indictment, information, or arrest is pending, the conditional nonapproval number remains in effect.³²

Neither federal nor Florida law requires private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.  See Regulating Guns in America:  Private Sales.

In addition, Florida law specifically exempts concealed weapons license holders in Florida from the Florida background check requirement.³³  However, Florida concealed weapons license holders are not exempt from the federal background check requirement.³⁴

Mental Health Reporting

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”³⁵ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

A Florida law adopted in 2006 requires the Florida Department of Law Enforcement (“FDLE”) to compile and maintain an automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions.³⁶ Clerks of court must submit these records to FDLE within one month after the rendition of the adjudication or commitment.³⁷ Reports must be submitted in an automated format. The reports must, at a minimum, include the name, along with any known alias or former name, the sex, and the date of birth of the subject.³⁸

FDLE is authorized, but not required, to disclose the collected data to agencies of the federal government and other states for use exclusively in determining the lawfulness of a firearm sale or transfer. FDLE is also authorized to disclose any collected data to the Department of Agriculture and Consumer Services for the purpose of determining eligibility for a concealed weapons or concealed firearms license and for determining whether to revoke or suspend such a license.³⁹

Florida law includes definitions of the terms “adjudicated mentally defective” and “committed to a mental institution.”⁴⁰  In 2008, Florida law was amended so that persons involuntarily committed for outpatient treatment are now included within the definition of “committed to a mental institution.”⁴¹

Restoration of Firearms Eligibility:  A person who has been adjudicated mentally defective or committed to a mental institution may petition the Circuit Court that made the adjudication or commitment for relief from the firearm prohibition.⁴² A copy of the petition must be served on the state attorney for the county in which the person was adjudicated or committed. The state attorney may object.⁴³ The court must grant the relief if it finds, based on evidence presented regarding the petitioner's reputation, mental health record and criminal history record, the circumstances surrounding the firearm disability, and any other evidence, that the petitioner is not likely to act in a manner dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order denies relief, the petitioner may not petition again for one year.⁴⁴

For general information on the background check process and categories of prohibited purchasers or possessors, see the Florida Background Checks section and the section entitled Florida Prohibited Purchasers Generally.

Multiple Purchases / Sales of Firearms

Florida imposes no restrictions on purchases or sales of multiple firearms. See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Florida law does not require firearms sellers to retain records of sales or report those sales to law enforcement, although a provision of Florida law requires records of handgun sales to be available for inspection by any law enforcement agency during normal business hours.⁴⁵

Florida law requires the destruction of the records created by the Florida Department of Law Enforcement (“FDLE”) in the process of conducting a criminal history record check which contain information pertaining to any buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of Florida or federal law. FDLE must destroy any such records “forthwith” after it communicates the approval number to the dealer and, in any event, no later than 48 hours afterwards.⁴⁶  Such records are confidential and exempt from disclosure.⁴⁷  Notwithstanding these rules, Florida law explicitly allows FDLE to maintain records required by the federal government and authorizes FDLE to maintain a log of dates of requests for criminal history records checks, unique approval and nonapproval numbers, license numbers, and transaction numbers corresponding to such dates for up to 2 years or as otherwise required by law.⁴⁸ 

Florida law requires "secondhand dealers"⁴⁹ and pawnbrokers to create a record of the acquisition of any firearm that includes the brand name, model name, serial number, type of action, caliber or gauge, number of barrels, barrel length, and finish of the firearm, and a description of the person from whom the firearm was acquired, including his or her name and right thumbprint.⁵⁰ These records must be transmitted to law enforcement.  However, Florida law requires secondhand dealers and pawnbrokers to destroy these records within 30 days of the acquisition of the firearm or expiration of the loan, and requires law enforcement to destroy their copies of these records within 60 days of receipt.⁵¹

Florida law prohibits the knowing or willful keeping of any list, record or registry of privately owned firearms or their owners.⁵² Exceptions include:

• Records of firearms that have been used in committing any crime;

• Records relating to any person who has been convicted of a crime;

• Records of stolen firearms that are retained for no more than 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained for no more than three years;

• Firearm records that must be retained under federal law;

• Firearm records kept by "secondhand dealers" and pawnbrokers, as described above;

• Records of the Department of Agriculture and Consumer Services regarding persons who have had licenses to carry concealed firearms within the prior 2 years;

• Records of firearms (and "paper documents relating to firearms") involved in criminal or civil proceedings, or that are voluntary surrendered; and

• Non-criminal records relating to the receipt, storage or return of firearms.⁵³

Waiting Periods

See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

The Florida Constitution imposes a mandatory three-day waiting period, excluding weekends and legal holidays, between the retail purchase and delivery of any handgun.⁵⁴ This waiting period does not apply to concealed weapons permit holders or to the "trade-in of another handgun."⁵⁵

Gun Dealers & Other Sellers

Dealer Regulations

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. 

Florida has no law requiring firearms dealers to obtain a state license or permit.

For information about the Florida and federal laws requiring dealers to conduct a background check on prospective firearm purchasers, see the Florida Background Checks section. 

In addition, upon the retail sale or other transfer of any firearm, the transferor must deliver a written warning to the transferee stating, in block letters not less than 1/4 inch in height:

"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."⁵⁸

Florida law also requires any retail or wholesale store, shop, or sales outlet which sells firearms to conspicuously post the following warning at each purchase counter, in block letters not less than one inch in height:

"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."⁵⁹

Licensed dealers must observe the mandatory three-day waiting period requirements (see the Florida Waiting Periods section), and must make available any records of handgun sales for inspection by any law enforcement agency during normal business hours.⁶⁰  Firearms dealers are also subject to state laws governing gun sales generally. See the Florida Private Sales section for further information. See the Florida Minimum Age to Purchase / Possess section above for laws regulating sales to minors.

Private Sales

Florida has no law generally requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.  However, the Florida Constitution permits counties to adopt laws that would require such background checks for sales occurring in or on "property to which the public has the right of access" within the county. The Florida Constitution states that, "[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county."⁶¹ The term "sale" under this section "means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access."⁶² Concealed weapons permit holders are not subject to these laws.⁶³

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

Gun Shows

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Florida does not explicitly regulate gun shows, although retail sales of handguns at gun shows are subject to the state’s mandatory three-day waiting period.  In addition, the Florida Constitution permits counties to enact ordinances requiring criminal history records checks and three to five-day waiting periods in connection with the sale of any firearm occurring on property to which the public has the right of access.⁶⁴ See the Florida Private Sales and Florida Waiting Periods sections for more information.

Immunity Statutes

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Florida law prohibits any legal action against a firearms or ammunition manufacturer, distributor or dealer, or firearms trade association, on behalf of Florida or its agencies, or on behalf of a county, municipality, or other political subdivision of the state, for damages, abatement, or injunctive relief, arising out of the lawful design, marketing, distribution, or sale of firearms or ammunition to the public.⁶⁵ However, this law does not prohibit a person from bringing an action against such an entity, for breach of a written contract, breach of an express warranty, or injuries resulting from a defect in the materials or workmanship of a firearm or ammunition.⁶⁶ Furthermore, actions against a firearms or ammunition manufacturer, distributor, or dealer are permitted for:

• Breach of contract or warranty in connection with a firearm or ammunition purchased by a county, municipality, or other political subdivision or agency of the state; or

• Injuries resulting from the malfunction of a firearm or ammunition due to a defect in design or manufacture.⁶⁷

For any civil actions brought in violation of these provisions, a defendant to such action may recover all resulting expenses, including attorney’s fees, costs and compensation for loss of income, from the governmental entity bringing the action.⁶⁸ 

Florida also immunizes any sport shooting or training range from lawsuits brought by the state and any of its agencies or political subdivisions for any claims associated with the use or accumulation of a projectile on or under the range, or any other property over which the range has a legal right of use, if the range owner or operator has made a good faith effort to comply with the appropriate environmental management practices.⁶⁹ For more information, see the Florida section of LCAV’s State Preemption / Local Authority to Regulate Firearms summary. A separate Florida law immunizes any person who operates or uses a sport shooting range from civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the range.⁷⁰

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

Florida does not prohibit a person from carrying a concealed firearm on or about his or her person if the person has a license to carry a concealed firearm.⁷³ 

Florida is a “shall issue” state, meaning that Department of Agriculture and Consumer Services must issue a concealed weapons license if the applicant meets certain qualifications. The Department must issue a license to carry a concealed weapon if the applicant:

• Is a U.S. resident and a citizen of the United States or a permanent resident alien of the United States, or a certified consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S.;

• Is 21 years of age or older;

• Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;

• Is not ineligible to possess a firearm due to a felony conviction;

• Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the Florida drug abuse prevention and control statutes or similar laws of any other state relating to controlled substances within the previous three years;

• Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. An applicant is presumed to chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if, within the previous three years, the applicant:

• Was committed under Florida’s substance abuse services provisions or similar laws of any other state;

• Was convicted of using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances;

• Was deemed a habitual offender for disorderly intoxication; or

• Had two or more convictions for driving under the influence;

• Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;

• Demonstrates competence with a firearm (see below);

• Has not been adjudicated an incapacitated person, unless five years have elapsed since the applicant’s restoration to capacity by court order;

• Has not been committed to a mental institution, unless the applicant produces a certificate from a licensed psychiatrist stating that he or she has not suffered from disability for at least five years prior;

• Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

• Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

• Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.⁷⁴

In addition, the Department must deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.⁷⁵

The Department must issue a license or deny an application within 90 days after receiving the application materials.⁷⁶  If the Department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation can be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.⁷⁷  

An applicant for a Florida concealed firearms license must demonstrate competence with a firearm through one of the following methods:

• Completion of a hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

• Completion of a National Rifle Association firearms safety or training course, or a firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

• Completion of a firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

• Completion of a law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; or

Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service.⁷⁸

                             Duration & Renewal

Florida concealed firearms licenses are valid for a period of seven years from the date of issue.⁷⁹  The Department must mail to the licensee a renewal form no less than 90 days before the expiration date of the license.⁸⁰ The licensee may renew his or her license by the expiration date by filing the renewal form containing a notarized affidavit stating that the licensee remains qualified, a color photograph, and the required renewal fee. The Department must renew the license upon receipt of these items. A licensee who fails to file a renewal application on or before its expiration date must renew his or her license by paying a late fee. A license may not be renewed 180 days or more after its expiration date, and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, a full application must be submitted and background investigation conducted.⁸¹

                           Disclosure or Use of Information

Personal identifying information of an individual who has applied for or received a license to carry a concealed firearm held by the Department is confidential and exempt from state public records provisions and access to public records and meetings provisions.⁸² The Department maintains an automated listing of license holders and related pertinent information, and such information is available on-line, upon request, at all times to law enforcement agencies through the Florida Crime Information Center.⁸³                    

                         Reciprocity

A resident of the United States who is a non-resident of Florida may carry a concealed firearm while in Florida, provided that:

• The non-resident is 21 years of age or older, and has in her or his immediate possession a valid license to carry a concealed firearm issued to the non-resident in her or his state of residence; and 

• The non-resident’s state of residence honors Florida concealed firearm licenses.⁸⁴

Open Carrying

Florida generally prohibits the open carrying of handguns, but not rifles or shotguns.⁸⁵ For a comprehensive discussion of this issue, see LCAV's policy page on the Open Carrying of Firearms in Public.

Location Restrictions

Florida generally allows a person 18 years of age or older to possess a concealed firearm within the interior of a private vehicle, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.⁸⁶ Lawful firearm owners may lawfully carry a long gun anywhere in a private vehicle.⁸⁷

School districts may adopt written and published policies that prohibit the possession of concealed firearms within the interior of a private vehicle for the purposes of student and campus parking privileges.⁸⁸

In 2008, Florida adopted a law stating that no public or private employer may prohibit a customer, employee, or invitee from possessing a legally owned firearm or ammunition locked inside or locked to a private motor vehicle in a parking lot.⁸⁹  In addition, no employer may inquire regarding the presence of a firearm or ammunition inside or locked to a private motor vehicle in a parking lot or search a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle.⁹⁰ Further, no employer may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm or ammunition stored inside a private motor vehicle in a parking lot for lawful purposes.⁹¹ Employers may not condition employment on whether the applicant possesses a license to carry a concealed firearm or on the existence of an agreement by the applicant not to possess a firearm or ammunition in a locked vehicle in a parking lot.⁹² 

Guns in Schools

See LCAV’s policy page on Guns in Schools for a comprehensive discussion of this issue.

A Florida license to carry a concealed weapon does not authorize a person to carry a concealed weapon or firearm into:

• Any school, college, or professional athletic event not related to firearms;

• Any school administration building;

• Any elementary or secondary school facility;

• Any area technical center;

• Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile.⁹³

Florida law also prohibits a person who is trespassing on school property from possessing a firearm. “School property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.⁹⁴

School districts in Florida must each adopt a student code of conduct that includes notice that possession of a firearm by any student while on school property or in attendance at a school function may result in disciplinary action and criminal prosecution.⁹⁵ School districts may also adopt written and published policies that prohibit the possession of concealed firearms within the interior of a private vehicle for the purposes of student and campus parking privileges.⁹⁶

Florida law gives the board of trustees of a community college the authority to place restrictions on access to firearms on community college-owned or controlled buildings and grounds.⁹⁷  The board of trustees of a state university has similar authority, as developed through the guidelines of the Board of Governors of the State University System.⁹⁸

Other Location Restrictions

According to Florida law, a Florida license to carry a concealed firearm does not authorize a person to carry a concealed firearm into:

• Any place of nuisance;

• Any police, sheriff, or highway patrol station;

• Any detention facility, prison, or jail;⁹⁹

• Any courthouse or courtroom, except that nothing precludes a judge from carrying a concealed weapon or determining who may carry a concealed weapon in his or her courtroom;

• Any polling place;

• Any meeting of the Legislature or a committee thereof;

• Any meeting of the governing body of a county, public school district, municipality, or special district;

• Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

• Inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking as baggage to be lawfully transported on any aircraft; or

• Any place where the carrying of firearms is prohibited by federal law.¹⁰⁰

See the Florida Guns in Schools section above for restrictions on guns in schools.

Florida law prohibits introducing firearms into, and sending firearms from, any hospital providing mental health services; it also prohibits transmitting firearms to any patient of such a hospital outside the grounds of the hospital. This law includes the phrase “except as otherwise authorized by law,” but does not explicitly specify whether concealed firearms licensees are included.¹⁰¹ 

Finally, Florida law prohibits possession of a concealed firearm within a pharmacy, but this law explicitly exempts concealed firearms licensees.¹⁰²

Florida has no statute prohibiting firearms in the following places, although administrative regulations may apply:

• Parks;

• Places of worship;

• Sports arenas; or

• Gambling facilities.

Consumer & Child Safety

Design Safety Standards for Handguns

Florida imposes no design safety standards on handguns. According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Florida’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.¹⁰³ 

See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

Locking Devices

See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Florida does not require that a locking device accompany the sale or transfer of a firearm.  Nevertheless, any person who stores or leaves a loaded firearm on premises under his or her control, and knows or reasonably should know that a person under age 16 is likely to gain access to the firearm without the lawful permission of the minor’s parent or without supervision required by law, must keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or secure the firearm with a trigger lock.¹⁰⁴ For additional information, see the Florida Child Access Prevention section.

Personalized / Owner-Authorized Firearms

Florida does not require firearms to be personalized. See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

Child Access Prevention

See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Florida law states that any person who stores or leaves a loaded firearm on premises under his or her control, and who knows or reasonably should know that a person under age 16 is likely to gain access to the firearm without the lawful permission of the minor’s parent or person having charge of the minor, or without supervision required by law, must do one of the following:

• Keep the firearm in a securely locked box or container;

• Keep the firearm in a location which a reasonable person would believe to be secure; or

• Secure the firearm with a trigger lock.¹⁰⁵ 

This requirement does not apply when the adult is carrying the firearm on his or her body or within such close proximity that he or she can retrieve and use the firearm as easily and quickly as if he or she carried it on his or her body.¹⁰⁶ 

However, Florida law only makes the person who fails to store a firearm in this manner criminally liable if a minor gains access to the firearm without the lawful permission of his or her parent or legal guardian and possesses or exhibits it either: 1) in a public place; or 2) in a rude, careless, angry or threatening manner.¹⁰⁷

For information regarding the warnings that retail establishments that sell or transfer firearms must post and provide to firearms purchasers regarding the safe storage of firearms, see the Florida Dealer Regulations section.

Classes of Weapons / Ammunition

Assault Weapons

Florida has no law regulating assault weapons. See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Florida has no law regulating large capacity ammunition magazines. See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Florida has no law regulating fifty caliber rifles. See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

Florida law is silent regarding the manufacture, sale or transfer, transportation, licensing, or registration of machine guns and/or fully-automatic firearms. Florida prohibits any person from owning or having in his or her care, custody, possession, or control any machine gun which is, or may readily be made, operable; however, this prohibition does not apply to antique firearms or firearms that are lawfully owned and possessed under provisions of federal law.¹⁰⁸  Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered. See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Florida law requires any minor under the age of 16 who is using a BB gun, air or gas-operated gun, or electric weapon or device, for any purpose whatsoever, to be under the supervision and in the presence of an adult who is acting with the consent of the minor's parent.¹⁰⁹ Florida law also penalizes any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, or electric weapon or device, except under the supervision and in the presence of an adult who is acting with the consent of the minor's parent.¹¹⁰  Florida law does not explicitly regulate possession of non-powder guns on school grounds.

Ammunition Regulation

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Florida law prohibits the possession of ammunition by the same persons who are directly prohibited by Florida law from possessing firearms, although the persons who are prevented from obtaining firearms through the background check process required by Florida law are not similarly prevented from obtaining ammunition.¹¹¹  The federal ammunition purchaser prohibitions also apply.

Florida law prohibits the manufacture, sale or delivery of any armor-piercing bullet or exploding bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell.  It also prohibits the possession of an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, and the possession of a dragon's breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in any firearm.¹¹²  Each of these terms is defined.¹¹³  The definition of “armor-piercing bullet” differs from the definition of “armor-piercing ammunition” in federal law, which also restricts the manufacture, sale, importation and delivery of such ammunition.

Florida law does not:

• Impose a minimum age for the purchase or possession of ammunition, although federal minimum age requirements apply;

• Require a license for the sale of ammunition;

• Require a license for the purchase or possession of ammunition;

• Require sellers of ammunition to maintain a record of the purchasers;

• Require the safe storage of ammunition; or

• Restrict the locations where ammunition may be carried.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Florida has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Florida law penalizes any person who knowingly acquires a firearm intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm.¹¹⁴ Florida law also prohibits any person from knowingly altering or removing the manufacturer's or importer's serial number from a firearm with intent to disguise its true identity, and also prohibits knowingly selling, delivering, or possessing any firearm on which the manufacturer's or importer's serial number has been unlawfully altered or removed.¹¹⁵

State Links

Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Field Division (Southern FL)

Bureau of Alcohol, Tobacco, Firearms and Explosives, Tampa Field Division (Northern FL)

Florida Department of Agriculture and Consumer Services, Division of Licensing

Florida Department of Law Enforcement

The Non-Violence Project

Office of the Attorney General of Florida

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007 (2010), at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2009: Florida, at http://www.atf.gov/statistics/download/trace-data/2009/2009-trace-data-florida.pdf.

^4. Federal firearms licensee totals for Nebraska as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

^5. Fla. Stat. § 790.23. More specifically, Florida law prohibits a person from owning a firearm or having a firearm in his or her care, custody, possession, or control, if the person:

• Has been convicted of a felony in the courts of Florida;

• Has been found, in a Florida court, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

• Has been convicted of or found to have committed a crime against the United States which is designated as a felony;

• Has been found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding one year and such person is under 24 years of age; or

• Has been found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding one year.

^6. Fla. Stat. § 790.233.

^7. Fla. Stat. § 790.235.

^8. Fla. Stat. § 790.22(3).

^9. Id.

^10. Fla. Stat. § 790.22(4)(a).  The parent or guardian may be required to participate in classes on parenting education or provide community service with the child as part of any penalty.  Fla. Stat. § 790.22(4)(b).

^11. Fla. Stat. § 790.18.

^12. Fla. Stat. § 790.17(2).

^13. Fla. Stat. § 790.065(2)(a).

^14. Fla. Stat. § 790.065(2)(a)(3).

^15. Fla. Stat. §§ 790.233, 741.31(4)(b)(1).

^16. Fla. Stat. §§ 741.30(6)(g).

^17. Fla. Stat. § 741.31(4)(a)(8).

^18. See Fla. Stat. §§ 790.07, 790.08 (requiring the removal of firearms when a person has used a firearm in the commission of a felony).

^19. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 26 (Nov. 2006), at http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^20. Fla. Stat. § 741.31(4)(a)(8).

^21. Fla. Stat. § 790.065; Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 26 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^22. Fla. Stat. § 790.065(1).  Under Fla. Stat. § 790.065(10), a licensed importer, manufacturer, or dealer is not required to comply with the background check requirements of Fla. Stat. § 790.065 in the event of unavailability of telephone service at the licensed premises, or failure of FDLE to comply with the requirements of Florida law pertaining to firearm purchaser background checks.

^23. Fla. Stat. § 790.065(2).

^24. See 2008 Fla. Laws ch. 50 (codified at Fla. Stat. § 790.065(2)(a)(4)(a)).

^25. Fla. Stat. § 790.065(2)(a).

^26. Fla. Stat. § 790.065(2)(b).

^27. Fla. Stat. § 790.065(2)(c)(1).

^28. Fla. Stat. § 790.065(2)(c)(2).

^29. Fla. Stat. § 790.065(2)(c)(3).

^30. Fla. Stat. § 790.065(2)(c)(7).

^31. Id.

^32. Fla. Stat. § 790.065(2)(c)(8).

^33. Fla. Stat. § 790.065(1).

^34. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).  ATF maintains a list of state permits that have been determined to exempt the holder from the federal background check requirement. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law:  Permanent Brady Permit Chart (July 3, 2008), at:  http://www.atf.gov/firearms/brady-law/permit-chart.html.

^35. 18 U.S.C. § 922(d)(4).

^36. 2006 Fl. ALS 176, § 1 (codified at Fla. Stat. § 790.065(2)(a)(4)).

^37. Fla. Stat. § 790.065(2)(a)(4)(c).

^38. Id.

^39. Fla. Stat. § 790.065(2)(a)(4)(f). When a potential buyer or transferee appeals a nonapproval based on these records, the clerks of court and mental institutions must, upon request by FDLE, provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record. Photographs and any other data that could confirm or negate identity must be made available to FDLE for such purposes, notwithstanding any other provision of state law to the contrary. Any such information that is made confidential by law must otherwise remain confidential. Fla. Stat. § 790.065(2)(a)(4)(f).

^40. Fla. Stat. § 790.065(2)(a)(4)(a), (b).

^41. See 2008 Fla. Laws ch. 50 (codified at Fla. Stat. § 790.065(2)(a)(4)(a)).

^42. Fla. Stat. § 790.065(2)(a)(4)(d).

^43. Id.

^44. An order denying relief may be appealed to the District Court of Appeal.  Id. Upon receipt of proper notice of relief from the firearm prohibition, the Department of Agriculture and Consumer Services must delete the mental health record from the automated database. Id.

^45. Fla. Stat. § 790.0655(1)(b).

^46. Fla. Stat. § 790.065(4)(a).

^47. Id.

^48. Fla. Stat. § 790.065(4)(b). Florida law states that nothing in its law regarding weapons and firearms may be construed to allow the State to maintain records containing the names of purchasers or transferees who receive unique approval numbers or to maintain records of firearm transactions. Fla. Stat. § 790.065(4)(c).  Any officer or employee of FDLE or a law enforcement agency who violates these provisions is guilty of a felony. Fla. Stat. § 790.065(4)(d).

^49. “Secondhand dealers” are persons, corporations, or other business organizations or entities which are not secondary metals recyclers and which are engaged in the business of purchasing, consigning, or trading secondhand goods. Fla. Stat. § 538.03(1)(a).

^50. Fla. Stat. §§ 538.04, 539.001(8).

^51. Fla. Stat. § 790.335(3)(f).

^52. Fla. Stat. § 790.335.

^53. Id. For a complete list of exceptions, see Fla. Stat. § 790.335(3).  That law also exempts “records kept pursuant to the firearms dealer recordkeeping provisions of Fla. Stat. § 790.065.”  However, Fla. Stat. § 790.065 does not require firearms dealers to maintain records.

^54. Fla. Const. art. I, § 8(b); Fla. Stat. § 790.0655(1).

^55. Fla. Const. art. I, § 8(b); Fla. Stat. § 790.0655(2).

^56. Fla. Const. art. VIII, § 5(b). "Sale" under this provision means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Id.

^57. Id. These constitutional provisions appear to partly supersede Florida’s law limiting local authority to regulate firearms.  According to that law, counties may only adopt ordinances requiring a waiting period of up to, but not exceeding, three working days between the purchase and delivery of a handgun. Fla. Stat. § 790.33(2). That exception allowed ordinances that generally apply to all retail handgun sales to individuals, but the statute specifically excluded gun collector shows or exhibits, and gun shows.  Under that statute, certain individuals – including those licensed to carry concealed firearms, those who already lawfully own another firearm and who show a sales receipt for that firearm, those who are known to own another firearm through a prior purchase from the retail establishment, those who have another firearm for trade-in, and those who have been threatened or whose family has been threatened with death or bodily injury (provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement) – were “exempt from any waiting period.” Id.

^58. Fla. Stat. § 790.175(1).

^59. Fla. Stat. § 790.175(2).

^60. Fla. Stat. § 790.0655(1).

^61. Article VIII, § 5(b) of the Florida Constitution.

^62. Id.

^63. Id.

^64. Article VIII, § 5(b) of the Florida Constitution.

^65. Fla. Stat. § 790.331(2).  Moreover, a county, municipality, special district, or other political subdivision or agency of the state may not sue for or recover from a firearms or ammunition manufacturer, distributor or dealer, or firearms trade association, damages, abatement, or injunctive relief in any case that arises out of or results from the lawful design, marketing, distribution, or sale of firearms or ammunition to the public. Fla. Stat. § 790.331(3).

^66. Fla. Stat. § 790.331(2).

^67. Fla. Stat. § 790.331(4). According to Florida law, the potential of a firearm or ammunition to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product, and a firearm or ammunition may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged legally or illegally. Fla. Stat. § 790.331(5). Florida law includes a statement that the manufacture, distribution, or sale of firearms and ammunition by duly licensed manufacturers, distributors, or dealers is a “lawful activity” and “not unreasonably dangerous.” Fla. Stat. § 790.331(1). It also states that “the unlawful use of firearms and ammunition, rather than their lawful manufacture, distribution, or sale, is the proximate cause of injuries arising from their unlawful use.” Id.

^68. Fla. Stat. § 790.331(6).

^69.  Fla. Stat. § 790.333(5)(a); see also  Fla. Stat. § 790.333(4).  However, nothing in this law is intended to impair or diminish the private property rights of owners of property adjoining a sport shooting or training range. Fla. Stat. § 790.333(5)(b).

^70. Fla. Stat. § 823.16.

^71. Like many states, Florida requires a license to hunt with a firearm in many circumstances.  See Fla. Stat. §§ 379.3581 et seq.

^72. Fla. Stat. § 790.335.

^73. A person who carries a concealed firearm on or about his or her person without a license commits a felony of the third degree.  Fla. Stat. § 790.01(2), (3). Note, however, that the license requirements of Fla. Stat. § 790.06 do not apply in various circumstances involving military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others.  Fla. Stat. § 790.25(3).

^74. Fla. Stat. § 790.06(2). A license may be suspended or revoked per Fla. Stat. § 790.06(3), (10).

^75. Fla. Stat. § 790.06(3). Application and other license requirements are detailed in Fla. Stat. § 790.06.

^76. Fla. Stat. § 790.06(6)(c).

^77. Fla. Stat. § 790.06(6)(c)(3).

^78. Fla. Stat. § 790.06(2)(h).

^79. Fla. Stat. § 790.06(1).

^80. Fla. Stat. § 790.06(11).

^81. Id.

^82. Fla. Stat. § 790.0601(1).  Information made confidential and exempt must be disclosed:

• With the express written consent of the applicant or licensee or his or her legally authorized representative;

• By court order upon a showing of good cause; or

• Upon request by a law enforcement agency in connection with the performance of lawful duties, including access to any automated database containing such information maintained by the Department.

Fla. Stat. § 790.0601(2).

^83. Fla. Stat. § 790.06(7).

^84.  Fla. Stat. § 790.015.  A list of states that honor Florida concealed firearm licenses is posted on the Concealed Carry Reciprocity page of the Florida Department of Agriculture and Consumer Services, Division of Licensing.

^85. Fla. Stat. § 790.053(1), (3).  However, Fla. Stat. § 790.053 does not apply to various military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others.  Fla. Stat. § 790.25(3).

^86. Fla. Stat. § 790.25(5).

^87. Id.

^88.  Fla. Stat. § 790.115(2)(a)(3). "School" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private. Id.

^89. Fla. Stat. § 790.251(4)(a). For exceptions, see Fla. Stat. § 790.251(7).

^90. Fla. Stat. § 790.251(4)(b). Such a search may only be conducted by on-duty law enforcement personnel, based upon due process, and “must comply with constitutional protections.”  Id.

91. Id.

92. Fla. Stat. § 790.251(4)(c). Employers may not terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for “exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes.” Fla. Stat. § 790.251(4)(e).

93. Fla. Stat. § 790.06(12).

94. Fla. Stat. § 810.095.

95. Fla. Stat. § 1006.07(2)(f), (k).  See also Fla. Stat. § 1006.13(3)(a) (mandating expulsion for students who possess a firearm at school)

96.  Fla. Stat. § 790.115(2)(a)(3). "School" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private. Id.

97. Fla. Stat. § 1001.64(5).

98. Fla. Stat. §§ 1001.706(6)(b), 1001.74(6)(b).

99. Regarding correctional institutions and juvenile detention facilities and commitment programs, see also Fla. Stat. §§ 944.47 and 985.711, respectively.

100. Fla. Stat. § 790.06(12).

101. Fla. Stat. § 394.458.  See also Fla. Stat. § 916.1085.

102. Fla. Stat. § 790.145.  This law also does not apply to employees of the pharmacy who are authorized by the owner, operator, or manager to carry a firearm. Id.

103. The Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq.  For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf.

104. Fla. Stat. § 790.174(1). Minor is defined as a person under age 16. See Fla. Stat. § 790.174(3). See Fla. Stat. § 790.173 for background information about this law.

105. Fla. Stat. § 790.174(1). Minor is defined as a person under age 16.  Fla. Stat. § 790.174(3).

106. Id.

107. Fla. Stat. § 790.174(2). See also Fla. Stat. § 784.05 (holding an adult culpably negligent for storing or leaving a loaded firearm within the reach or easy access of a minor, if the minor obtained the firearm and used it to inflict injury or death upon himself or herself or any other person, unless: 1) the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock; 2) the minor obtained the firearm as a result of an unlawful entry by any person; or 3) the injuries resulted from target or sport shooting accidents or hunting accidents).

108. Fla. Stat. §§ 790.221(1) and (3). “Machine gun” is defined “any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.”  Fla. Stat. § 790.001(9).

109. Fla. Stat. § 790.22(1).

110. Fla. Stat. § 790.22(2).

111. Fla. Stat. §§ 790.23-790.235.

112. Fla. Stat. § 790.31.  There are exceptions for possession by, and sale to, law enforcement agencies.  Id.

113. "Armor-piercing bullet" is defined as any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet. "Exploding bullet" is defined as any bullet that can be fired from any firearm, if such bullet is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target. "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower. "Bolo shell" means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire. "Flechette shell" means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.  Id.

114. Fla. Stat. § 790.065(12)(d).

115. Fla. Stat. § 790.27.