The New Concealed Carry Rules Under House Bill 543

June 9, 2023 Don Pumphrey, Jr. Criminal Defense Social Share

April 2023 marked the signing of Florida’s new concealed carry bill. Governor Ron DeSantis signed HB 543 aimed to strengthen the Second Amendment right to bear arms by allowing Floridians—and certain non-Floridians—the ability to carry a concealed weapon or firearm on their person.

Although “concealed carry” is not quite the same as “open carry,” it is important to understand what concealed carry means, who is eligible to carry a concealed weapon or firearm, and the penalties for violating any of the new amendments to the law.

What is a Concealed Carry?

Concealed carry refers to the practice of carrying a concealed—hidden or obstructed from view—weapon or firearm in public. Concealed carry laws often impose restrictions on where and how firearms and weapons can be carried, as well as establishing places that are prohibited from concealed carry.

Weapon and Firearm Definitions under HB 543

Under HB 543, the following definitions are amended to define the varying weapons and firearms under the concealed carry bill:

• “Machine gun” – Any firearm which shoots, or is designated to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
• “Handgun” – A firearm capable of being carried and used with one hand, such as a pistol or revolver.
• “Short-barreled shotgun” – A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon has been modified to an overall length of less than 26 inches.
• “Short-barreled rifle” – A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon has been modified to an overall length of less than 26 inches.
• “Slingshot” – Any small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.
• “Weapon” – Any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon other than a firearm, pocketknife, or blunt-bladed table knife.
• “Electric weapon or device” – Any device, which, is used or intended to use for the offensive or defensive purposes, the destruction of life, or the infliction of injury.
• “Dart-firing stun gun” – Any device having one or more darts that can deliver an electrical current.
• “Readily accessible for immediate use” – A firearm or other weapon that is carried on a person or within close proximity and in such manner that it can be retrieved and used both easily and quickly.
• “Securely encased” – A weapon or firearm kept either in a glove department, holster, gun case, zippered gun case, or in a closed box or container which requires a lid or cover to open for access.

Ammunition

Ammunition is defined under HB 543 as an object consisting of the following:

1. Fixed metallic or nonmetallic hull or casing containing a primer;
2. One or more projectiles, one or more bullets, or shot; or

For an object to be considered ammunition, all the above specifications must be present.

Lawful Carrying of a Concealed Weapon or Firearm

Now codified under the amended Florida Statute Section 790.01, a person is authorized to carry a concealed weapon or firearm in Florida if they are:

• Licensed under Florida Statute 790.06’s requirements; or
• Not licensed under Florida Statute 790.06, but otherwise satisfy the criteria for receiving and maintaining a license.

In other words, any person who is eligible to lawfully own a firearm can now legally conceal a weapon or firearm without carrying a permit or first undergoing special training for carrying a firearm.

For any person to lawfully carry a concealed weapon or firearm, they must always have a valid identification documentation on them. Failure to provide a driver’s license or ID card to a police officer while possessing a concealed weapon or firearm could result in a $25 fine.

Previous Requirements

Before HB 543, any person who carried a concealed weapon or firearm without a valid permit could be charged with a third-degree felony in Florida. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.

Restrictions

Despite the passing of HB 543, there are still restrictions on who can lawfully own and possess a firearm, as well as where they can be present.

Any person licensed to carry a concealed weapon or firearm is still prohibited from bringing them to any of the following places:

• Police, Sheriff, or highway patrol station;
• Prison, detention facility, or jail;
• Courthouse or courtroom;
• Polling place;
• Meeting place of any governing body of a county, public school district, municipality, or special district;
• Any meeting of the Legislature or committee thereof;
• Any school, college, or professional athletic event not related to firearms;
• Any elementary or secondary school facility or administrative building;
• Any career center;
• Any bar or establishment with the main priority of selling alcohol;
• Any college or university facility;
• Any passenger terminal or sterile area of any airport; or
• Any place prohibited to carry a firearm under Federal law.

Individuals who are exempt from eligibility to carry a concealed weapon or firearm include any person convicted of a felony offense, or misdemeanor offense relating to domestic violence, unless their rights have been restored after serving their sentence. In addition, having a previous history with drug or alcohol abuse, or any placement in a mental health institution may interfere with a person who wishes to legally purchase and carry a concealed weapon or firearm.

To find out more about who can purchase a firearm in Florida, read the Florida Department of Law Enforcement’s (FDLE) page here.

Penalties Under HB 543

Florida Statute Section 790.01 states that any person who does not meet the requirements for lawful concealed carry and is caught in the possession of a concealed weapon, electronic weapon, or electronic device faces a first-degree misdemeanor. The penalties for a first-degree misdemeanor in Florida include up to a $1,000 fine and up to one year in jail.

Any person who does not meet the criteria for lawful concealed carry and is caught in the possession of a concealed firearm faces a third-degree felony. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.

Additionally, any person who brings a concealed weapon or firearm into a specified, prohibited place faces a second-degree misdemeanor. The penalties for a second-degree misdemeanor include up to a $500 fine and up to 60 days in jail.

Finding a Firearm and Weapons Defense Attorney in Tallahassee, Florida  

If you have any questions regarding HB 543 and its new regulations, do not hesitate to consult with a defense attorney, especially if you or a loved one are facing criminal penalties for unlawful concealed carry. Depending on the details of your case, a skilled defense attorney can gather evidence and build a defense to get your charges dropped or dismissed.

Don Pumphrey and his team have years of experience working with Floridians in need of defense. Our firm prides ourselves on aggressive defense, all while ensuring none of our clients’ rights are violated. Contact Pumphrey Law Firm today and receive a free consultation by calling (850) 681-7777 or leaving an online message.

Written by Karissa Key

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