F.S. 790.06 - Carrying a Firearm in Restricted Places

Florida Statute 790.06 outlines the legal framework for carrying a concealed firearm. As Fort Lauderdale criminal defense attorneys can explain, changes to Florida’s concealed carry law in 2023 now allow authorized persons to carry concealed firearms with a valid concealed carry license OR without a concealed weapons license, provided they meet the eligibility criteria for obtaining a license. 

This may seem a bit confusing: You don’t need a concealed weapons license, but you have to meet the criteria for one. Though you are not required to complete a training or pay a licensing fee. Concealed firearm licenses are still issued, but not mandated. That said, without one in hand, you may be put in a position of having to establish that you meet the legal requirements to obtain one, as laid out in F.S. 790.06 – though the state bears the burden of proof. 

Eligibility requirements for concealed carry include:

• 21+ years old (or 18+ for U.S. Armed Forces service members or honorably discharged veterans)
• No physical ailments preventing the safe handling of a gun
• Not barred from purchasing or possessing a gun due to prior conviction of a felony offense, domestic violence charge or active protection order
• Not a chronic or habitual user of alcohol 
• Not in possession of drugs or other controlled substances
• Not involuntarily committed or found to be a danger to themselves or others
• Not guilty of felony or misdemeanor crimes of violence

Non-Florida residents visiting Florida can carry a concealed firearm too if they either meet the eligibility criteria for being allowed to do so in Florida OR have a valid concealed carry license issued by their home state. 

Before July 1, 2023, those with concealed carry licenses had to physically carry that license and valid identification with them at all times they were in actual possession of a concealed weapon or gun – and they had to produce that proof upon demand by a police officer, sheriff’s deputy or other law enforcement official. Failure to do so was a noncriminal violation, punishable by up to $25. 

The new law still requires a person carrying a concealed weapon to display their identification to an officer who requests it. Failure to display your identification is still a $25 fine. 

If police and/or prosecutors are not convinced that you meet the eligibility criteria for carrying a firearm and/or you carry a firearm in a forbidden location, you could be arrested and/or cited and charged with a second-degree misdemeanor. Violations must be both knowing and willful. 

This offense is one of the noted exceptions to Florida’s warrantless arrest rule. Fort Lauderdale criminal defense attorneys can explain this is a general rule that says police need a warrant to make a misdemeanor arrest unless:

• All elements of the alleged crime were committed in the officer’s presence. 
• The officer has reasonable grounds to believe the individual has violated probation or community control in any material respect. 
• The officer has probable cause for arrest AND the misdemeanor is listed as a statutory exception in F.S. 901.15 (which F.S. 790.06(1) is). 

Per F.S. 775.082 and F.S. 775.083, second-degree misdemeanors in Florida are punishable by up to 60 days in jail and a $500 fine. Those with prior convictions could face more serious penalties, such as a first-degree misdemeanor charge, which is punishable by up to 1 year in jail and a $1,000 fine. 

Note that OPEN carry of a firearm is still illegal in Florida under most circumstances. Really the only common exception for civilians is if you’re engaged in or traveling to/from fishing, camping, hunting or test/target shooting. 

Certain circumstances of the incident could also result in enhanced penalties. For instance, if a firearm is discharged or brandished in a restricted place or if the violation occurs as part of another criminal offense or in the presence of children, you could actually be facing felony charges. Even a third-degree felony, the lowest-level felony in Florida, carries a maximum prison sentence of five years, plus a $5,000 fine, a permanent criminal record – and prohibition from ever lawfully carrying a firearm in Florida again.  

While those qualified to be licensed to carry a firearm per F.S. 790.06 can generally do so in a lot of places, the statute does explicitly prohibit a civilian from carrying a firearm in some locations. If you’re a gun owner in Broward County, it’s a good idea to know where those are. 

Among them:

• Police stations, sheriff’s offices and highway patrol stations
• Courthouses and courtrooms
• Detention facilities and jails
• Any place defined as a nuisance
• Polling places during elections
• Schools, including college campuses and career centers*
• Government buildings where official business is conducted
• Bars and portions of restaurants primarily devoted to the sale of alcohol
• Airports, specifically after the security checkpoint
• Any place where carrying a firearm is not allowed under federal law

*Stun guns and nonlethal electric weapons primarily intended for protection don’t count for registered students, employees or faculty members.

This is not an exhaustive list. It’s important to review the full list outlined in section 12(a) of the statute. Also, there have been numerous, ongoing efforts in recent years by federal lawmakers to expand the list of places where firearm possession is federally banned.

If you’re going to be traveling by air and plan to take your gun with you, it must be securely packed in checked luggage. Check with the airline to be sure of the specific requirements. Double and triple check before you leave the house to make sure you’re in compliance.  

It’s worth pointing out that nothing in the law stops private property owners from prohibiting open or concealed carry on their property, though they’ll need to post clear signs to provide adequate notice. 

Another recent update to Florida concealed carry laws, specifically F.S. 790.251, expressly prohibits public or private employers from prohibiting any customer, employee or invitee (someone who is legally on the premises) from having a lawfully-owned firearm, so long as the firearm is possessed and locked inside or locked inside a private motor vehicle in the parking lot while the employee/customer/invitee is lawfully onsite. 

Furthermore, employers can’t: 

• Make verbal or written inquiries about guns locked in private cars in their parking lot
• Search private cars to look for guns.
• Prevent such persons from entering a parking lot because they lawfully possess a gun in the car. 
• Condition employment on one’s lawful condition of a gun, onsite or offsite, or fire or discriminate against someone on this basis. 

That said, even those lawfully possessing a gun in those circumstances still can’t exhibit the gun on the employer’s property for any reason other than lawful defense. 

If you are arrested for unlawfully carrying a firearm in a restricted place, our dedicated Fort Lauderdale gun crime defense lawyers will work hard to protect your freedom and reputation. There are a number of viable defenses in these cases, such as lack of knowledge on your part, mistakes by police, lack of evidence and even constitutional challenges. 

We’re dedicated to doing all we can to help our clients navigate the justice system and advocating fiercely for their rights and best interests.

Contact the experienced Fort Lauderdale criminal defense lawyers at The Ansara Law Firm, by calling (954) 761-4011 or toll-free at (954) 761-4011.