Florida criminal charge
Carrying of concealed weapons or concealed firearms in Florida
Carrying of concealed weapons or concealed firearms is a criminal offense under Florida law, defined by Fla. Stat. § 790.01. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.01.
What is the penalty for carrying of concealed weapons or concealed firearms in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Carrying a concealed weapon or electric weapon/device — A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed weapon or electric weapon or device on or about his or her person, unless the subsection (5) exceptions apply.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Carrying a concealed weapon or electric weapon/device — A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed weapon or electric weapon or device on or about his or her person, unless the subsection (5) exceptions apply.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Carrying a concealed firearm — A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed firearm on or about his or her person, unless the subsection (5) exceptions apply.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Carrying a concealed firearm — A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed firearm on or about his or her person, unless the subsection (5) exceptions apply.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is carrying of concealed weapons or concealed firearms classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Carrying a concealed weapon or electric weapon/device | Misdemeanor of the First Degree | A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed weapon or electric weapon or device on or about his or her person, unless the subsection (5) exceptions apply. | Fla. Stat. § 790.01(2) |
| Carrying a concealed firearm | Felony of the Third Degree | A person who does not meet the licensing/eligibility criteria in subsection (1) and carries a concealed firearm on or about his or her person, unless the subsection (5) exceptions apply. | Fla. Stat. § 790.01(3) |
Common questions about carrying of concealed weapons or concealed firearms in Florida
Is carrying of concealed weapons or concealed firearms a felony or a misdemeanor in Florida?
It depends on the circumstances: carrying of concealed weapons or concealed firearms ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 790.01.
Carrying a concealed weapon or electric weapon/device: Misdemeanor of the First Degree (Fla. Stat. § 790.01(2)) · Carrying a concealed firearm: Felony of the Third Degree (Fla. Stat. § 790.01(3))
What are the penalties for carrying of concealed weapons or concealed firearms in Florida?
Penalties for carrying of concealed weapons or concealed firearms in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers carrying of concealed weapons or concealed firearms?
Carrying of concealed weapons or concealed firearms is governed by Fla. Stat. § 790.01 (Carrying of concealed weapons or concealed firearms).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.