New Florida Gun Law: Impact on Current Concealed Firearm Charges

On April 3, 2023, Governor Ron DeSantis signed HB 543, which took effect on July 1, 2023. The law amended Florida Statute §790.01 to allow eligible people to carry concealed weapons or firearms without a concealed-carry license. People who carry under this provision do not have to meet the licensing requirement to demonstrate firearm competency, but they must still meet the applicable eligibility requirements.

Florida still issues concealed-carry licenses. Applicants must meet the applicable eligibility requirements, submit fingerprints and a photograph, and provide proof of firearm competency through a method allowed by law. Permitless carry gives eligible people another way to carry concealed; it does not end the licensing system or remove restrictions on firearm possession and prohibited locations.

The 2023 permitless-carry law addressed concealed carry. A separate court decision, McDaniels v. State, struck down Florida’s general open-carry ban in September 2025. Our article on open carry in Florida after McDaniels explains that ruling and the restrictions that still apply.

Effects of the New Law on Ongoing Concealed Firearm Cases

For people facing criminal charges for carrying a concealed firearm, the date of the alleged offense matters. Conduct before July 1, 2023, is governed by the former law. For conduct on or after that date, the amended law permits concealed carry without a license by people who meet the applicable eligibility requirements. A case does not fall under the amended law simply because it remained pending after July 1, 2023.

Will the Courts Apply the New Florida Gun Law Retroactively?

In State v. Herard, 419 So. 3d 258 (Fla. 6th DCA 2025), the court held that the 2023 concealed-carry amendment did not apply retroactively to conduct before July 1, 2023. The amendment changed the elements of the offense; it did not reduce the punishment or create a new defense that applied to earlier conduct. The court therefore reversed an order dismissing a charge under the former law.

Navigating the New Florida Gun Law in Ongoing Cases

If your charge concerns conduct before July 1, 2023, the later adoption of permitless carry does not, by itself, require dismissal or a reduced charge. A defense lawyer can review the law in effect on the alleged offense date, whether the firearm was concealed, and whether police lawfully obtained the evidence. For later conduct, the review should also address whether you met the applicable requirements for carrying without a license.

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