Robert G Lowe, PL
Attorney and Counselor at Law
Clearwater, Florida
Phone: 727.647.3700


FLORIDA CARRY LAW

For personalized answers to your specific situation please contact Bob by e-mail or by phone at 727-647-3700.


Florida Concealed Carry

Florida Concealed Carry statutes and links:
  • F.S. 790.06 Licence to carry concealed weapon or firearm.
  • F.S. 790.02 Officer to arrest without warrant and upon probable cause.
  • Concealed Carry Reciprocity - list of other states recognizing Florida's Concealed Carry License. Before you carry in another state, make sure you know that state's concealed carry laws!
their From F.S. 790.06(12)(a): A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
  1. Any place of nuisance as defined in F.S. 823.05;
  2. Any police, sheriff, or highway patrol station;
  3. Any detention facility, prison, or jail;
  4. Any courthouse;
  5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
  6. Any polling place;
  7. Any meeting of the governing body of a county, public school district, municipality, or special district;
  8. Any meeting of the Legislature or a committee thereof;
  9. Any school, college, or professional athletic event not related to firearms;
  10. Any elementary or secondary school facility or administration building;
  11. Any career center;
  12. 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;
  13. 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;
  14. The inside of 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 such firearm as baggage to be lawfully transported on any aircraft; or
  15. Any place where the carrying of firearms is prohibited by federal law.
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Reasonable Suspicion to Stop and Verify

When carrying a concealed weapon / firearm make sure you know your rights. Concealed carry of handguns and weapons is available to those who are properly licensed. This fact was recently interpreted in an appellate decision from the U.S. Court of Appeals for the Eleventh Circuit in US v. Montague suggests that a LEA observing a bulge that could possibly be a conceal weapon provides sufficient "reasonable suspicion" necessary for the a LEA to conduct a "Terry Stop". A detailed analysis of the court's finding is available from the Public Agency Training Council.

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Florida Castle Doctrine

Florida's legislative history for Senate Bill No. 436 included the following findings in support of enacting the Castle Doctrine:
  • WHEREAS, the castle doctrine is a common-law doctrine of ancient origins which declares that a person's home is his or her castle, and
  • WHEREAS, Section 8 of Article I of the State Constitution guarantees the right of the people to bear arms in defense of themselves, and
  • WHEREAS, the persons residing in or visiting this state have a right to expect to remain unmolested within their homes or vehicles, and
  • WHEREAS, no person or victim of crime should be required to surrender his or her personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack
Three new statutes were added to F.S. Chapter 776 to define the doctrine:
  • F.S. 776.013 Home Protection, use of deadly force; presumption of fear of death or great bodily harm.
  • F.S. 776.031 Use of force in defense of others.
  • F.S. 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.
Never display a handgun to gain "leverage" in an argument, even if it isn't loaded or you never intend to use it. This and other valuable information is available in the pamphlet and statute below. top


Florida Open Carry

Open Carry refers to the act of carrying a firearm in plain sight. Florida is one of seven states that do not allow the open carry of firearms. Governor Rick Scott supports open carry legislation to reverse the current prohibition. Open-Carry.org is a grass roots movement made up of people who seek to protect and expand their individual right to keep and bear arms and are willing to exercise that right. top


Where can I go to obtain legal advice on this issue?

The material on this web site represents general legal advice. Since the law is continually changing, some provisions may be out of date. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case. If you believe you need legal advice, call your attorney. If you do not have an attorney, please contact Bob by e-mail or by phone at 727-647-3700. Or call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

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        For personalized answers to your specific situation please contact Bob by e-mail or by phone at 727-647-3700.


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This site was last updated August 2015.