New Florida Gun Law: Impact on Current Concealed Firearm Charges

On March 31, 2023, Florida Governor Ron DeSantis signed a bill that introduces significant changes to the state’s gun regulations, specifically modifying Florida Statute §790.06, which governs the licensing process for carrying concealed firearms. The new Florida gun law, which goes into effect on July 1, 2023, removes the requirement for a government-issued permit and training before carrying a concealed weapon outside of the home.

Effects of the New Law on Ongoing Concealed Firearm Cases

For those currently facing criminal charges for carrying a concealed firearm without a permit under the existing Florida Statute §790.01(2), the upcoming changes to the new Florida gun law may have an impact on their cases. Until the new law takes effect on July 1, 2023, the existing legislation requiring a permit for carrying a concealed weapon remains in place. Defendants in ongoing cases or cases that have not yet reached a resolution by the time the new law comes into force may argue that their charges should be dropped or reduced based on the new legislation.

Will the Courts Apply the New Florida Gun Law Retroactively?

Although the courts may take the upcoming changes in legislation into consideration, there is no guarantee that the new Florida gun law will result in a dismissal or reduction of charges. Additionally, the new legislation does not change the eligibility requirements for carrying a firearm in public, so individuals who were ineligible to carry a firearm under the previous law will likely remain ineligible under the new law.

Navigating the New Florida Gun Law in Ongoing Cases

Individuals currently facing criminal charges for carrying a concealed firearm without a permit under Florida Statute §790.01(2) may have a potential argument for dismissal or reduction of charges once the new Florida gun law goes into effect on July 1, 2023. A case’s outcome will depend on specific circumstances and legal arguments, so it is important to remember that every case is unique. The new Florida gun law, as well as its impact on existing laws, should be discussed with an experienced criminal defense attorney to determine the best legal strategy for your case.

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