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Florida's permitless carry law, which took effect July 2023, removed the requirement for most law-abiding adults to obtain a license before carrying a concealed firearm.
But "permitless" does not mean unrestricted. The law still disqualifies a significant number of people, and it does nothing to change where you can carry, how you can carry, or what happens if a firearm is involved in another offense.
In St. Petersburg, where local law enforcement is active and the Pinellas County courts prosecute firearms charges aggressively, the gap between what people think the law allows and what it actually says is where criminal charges often originate.
What the 2023 Law Changed
Before July 1, 2023, carrying a concealed firearm in Florida without a license was a third-degree felony. House Bill 543, passed in the 2023 legislative session, amended that statute so that eligible Floridians can now carry a concealed firearm without obtaining a license.
The key word is "eligible." Under the current version of F.S. § 790.01, a person is authorized to carry a concealed firearm without a license only if they satisfy the same criteria that would qualify them to receive a license under F.S. § 790.06. The license is now optional. The eligibility requirements are not.
If you carry without a license and you do not meet those eligibility criteria, carrying a concealed firearm is still a third-degree felony, punishable by up to five years in prison.
Who Is Still Disqualified from Carrying
The eligibility criteria are set out in F.S. § 790.06(2). To legally carry a concealed firearm without a license in Florida, a person must, among other requirements:
- Be 21 years of age or older
- Not be prohibited from possessing a firearm under F.S. § 790.23 (which covers convicted felons and certain juvenile adjudications)
- Not have been found guilty of a controlled substance offense under Chapter 893 within the preceding three years
- Not chronically and habitually use alcohol or controlled substances to the extent that normal faculties are impaired
- Not have been adjudicated incapacitated under F.S. § 744.331 or committed to a mental institution under Chapter 394
- Not have had adjudication of guilt withheld or sentence suspended on any felony, unless at least three years have elapsed since all court-imposed conditions were fulfilled
- Not have had adjudication withheld or sentence suspended on any misdemeanor crime of domestic violence, unless the same three-year window has passed or the record has been expunged
- Not be subject to a current injunction restraining them from committing acts of domestic violence or repeat violence
- Not be prohibited from purchasing or possessing a firearm under any other provision of Florida or federal law
A person who does not know they fall into one of these categories, or who believes their legal history no longer counts against them, can be arrested and charged with a felony simply for carrying a firearm they lawfully own.
Where You Still Cannot Carry, With or Without a License
Permitless carry did not change Florida's list of prohibited locations. Under F.S. § 790.06(12), concealed carry is prohibited in the following places regardless of whether a person is licensed or carrying lawfully under the new permitless framework:
- Police, sheriff, and highway patrol stations
- Detention facilities, prisons, and jails
- Courthouses and courtrooms
- Polling places
- Meetings of the Legislature, county, school district, or municipal governing bodies
- Schools, colleges, and professional athletic events not related to firearms
- Elementary and secondary school facilities and administration buildings
- Career centers
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on premises that is primarily devoted to that purpose
- The sterile area and passenger terminal of any airport
- Any place where carrying is prohibited by federal law
Knowingly and willfully carrying in any of these locations is a second-degree misdemeanor under F.S. § 790.06(12)(d). That applies whether you have a license or are relying on permitless carry. The locations listed above are not suggestions. Bars, in particular, are a common source of charges in St. Petersburg, where the downtown entertainment district along Central Avenue and Beach Drive draws large crowds. Carrying inside a bar that is primarily devoted to alcohol service is a criminal offense.
Carrying a Firearm During Another Offense Changes Everything
Even if a person is entirely eligible to carry a concealed firearm under the permitless carry framework, the presence of that firearm during the commission of another crime triggers a separate and serious set of charges.
Under F.S. § 790.07(2), displaying, using, threatening to use, or carrying a concealed firearm while committing or attempting to commit any felony is a second-degree felony, regardless of whether the person was otherwise lawfully armed.
Beyond that, Florida's "10-20-Life" law under F.S. § 775.087 imposes mandatory minimum sentences when a firearm is involved in the commission of certain serious felonies. A 10-year mandatory minimum applies if a firearm is carried during such a felony; 20 years if the firearm is discharged; and 25 years to life if the discharge causes serious injury or death. Judges have no discretion to go below those minimums.
Open Carry is Now Generally Legal
One of the most common misunderstandings in 2026 is that firearms must remain hidden. While the 2023 law only applied to concealed carry, a landmark September 2025 appellate court ruling struck down Florida’s general ban on open carry as unconstitutional.
Consequently, it is now legal for eligible adults to carry a firearm visibly in most public spaces. However, this does not mean "anything goes"; you must still meet the strict eligibility requirements of F.S. § 790.06(2).
Where you carry also remains strictly limited. All "sensitive places" listed under F.S. § 790.06(12) remain off-limits for all firearms, whether they are visible or hidden. Furthermore, intentionally displaying a firearm in a "rude, careless, angry, or threatening manner" still constitutes Improper Exhibition and can lead to criminal charges.
Charged With a Firearms Offense in St. Petersburg? Bastos Defense Can Help.
Florida's firearms laws are layered, and the 2023 permitless carry law added a new source of confusion without removing the underlying criminal exposure that existed before it. Many people facing firearms charges in St. Petersburg did not intend to break the law. Some did not know they were disqualified. Others were unaware of the location restrictions or did not understand how the presence of a firearm could transform another charge entirely.
At Bastos Defense, our founding attorney, María Bastos, served as a statewide prosecutor for the Florida Attorney General before building this firm. She brings that experience directly to firearms defense. We know how these cases are investigated, how the state builds its charges, and where the weaknesses in the prosecution's case are most likely to appear.
We represent clients facing concealed carry charges, felon-in-possession allegations, firearm sentencing enhancements, and related offenses throughout St. Petersburg, Pinellas County, and the Tampa Bay area.
If you have been arrested or are under investigation for a firearms offense, contact Bastos Defense at (727) 800-0529 or reach us online to schedule a confidential consultation.