Florida Statute 790.01 is the concealed carry statute — and since the 2023 permitless carry law, most adults can carry a concealed firearm without a license. But “permitless” does not mean “everyone,” and carrying while ineligible is the same felony it always was.
How § 790.01 works now
You may carry concealed if you hold a § 790.06 license or if you meet the license eligibility criteria even without one — the statute imports § 790.06(2)’s requirements (age 21+, no felony convictions, no disqualifying injunctions or commitments, and more). If you are ineligible and carry anyway:
- Concealed weapon or electric device: first-degree misdemeanor.
- Concealed firearm: third-degree felony — up to 5 years.
The detail most people miss
Permitless carry did not move the sensitive-location lines: schools, courthouses, polling places, bars, and the other § 790.06(12) locations remain off-limits, license or not. And this area is moving in the courts — the Fourth DCA’s 2026 Eubanks decision on 18-to-20-year-olds is one example we’ve covered in our legal news. What was legal last year and what is legal today are not always the same thing.
Also worth knowing
Under § 790.01(4), ineligibility is the state’s burden to prove — a technical but real advantage that shapes how these cases get defended.
Charged with carrying a concealed firearm in Central Florida? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 790.01 (official Florida Statutes). Related on this site: Weapons charge defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.