Florida Permitless Carry Eligibility Traps You Need to Know Before You Carry
Florida permitless carry eligibility traps catch people every year, and after more than 33 years defending criminal cases, the pattern remains remarkably consistent. Since 2023, Florida law has allowed eligible adults to carry a concealed weapon or firearm without first obtaining a license. That change removed the paperwork and the background check process, but it didn’t remove the underlying eligibility requirements themselves. Anyone who wouldn’t have qualified for a concealed weapons license under the old system still cannot legally carry today, license or no license.
Carrying a Concealed Weapon Without a Permit in Florida?
Several eligibility traps under Florida Statute § 790.06 can turn permitless carry into a felony charge. Call John Guidry at (407) 423-1117 if you’re facing charges connected to one of these issues.
Carrying a Concealed Weapon Without a Permit in Florida?
Several eligibility traps under Florida Statute § 790.06 can turn permitless carry into a felony charge. Call John Guidry at (407) 423-1117 if you’re facing charges connected to one of these issues.
An Important Update on the Age Requirement
Before covering the real traps, an important recent legal development needs correcting here. For years, Florida law required carriers to be at least 21 years old, with an exception for active-duty military members and honorably discharged veterans starting at 18. That specific requirement changed significantly and recently.
On June 17, 2026, Florida’s Fourth District Court of Appeal ruled in Eubanks v. State, 2026 WL 1740598 (Fla. 4th DCA 2026), that Section 790.06(2)(b), the provision setting the age floor at 21, is unconstitutional as applied to adults ages 18 to 20. The court applied the framework from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), finding that 18-to-20-year-olds count as part of “the people” the Second Amendment protects, and that Florida couldn’t identify a historical tradition supporting an age-based restriction on that group’s right to carry.
Florida’s own Attorney General agreed with this position before the ruling came down. The Florida Department of Agriculture and Consumer Services, which oversees concealed weapons licensing, has already confirmed it now accepts applications from 18-year-olds statewide as a practical matter. This means the age-21 requirement, as of this ruling, no longer accurately reflects the eligibility floor for permitless carry in Florida.
The Domestic Violence Trap
Florida Statute § 790.06(2)(l) disqualifies anyone from carrying without a permit if they’ve had adjudication of guilt withheld or a sentence suspended on a misdemeanor crime of domestic violence, unless three years have passed since completing probation and any other court-ordered conditions, or unless the record has been expunged.
This trap catches people constantly because it applies regardless of whether the outcome was a formal conviction or merely a withhold of adjudication. A battery charge resolved through a withhold still triggers this three-year waiting period. Someone who completed probation on a domestic battery charge last year cannot legally carry without a permit today, full stop, regardless of how the underlying case actually resolved.
The Injunction Trap
Florida Statute § 790.06(2)(m) disqualifies anyone currently subject to an injunction restraining them from committing acts of domestic violence or repeat violence. This trap surprises people because a domestic violence or repeat violence injunction is a civil proceeding, not a criminal conviction. Many people treat these injunction hearings casually, assuming that since no criminal charge is attached, the stakes are relatively low.
That assumption is wrong. An injunction currently in force strips Second Amendment carry rights entirely, regardless of whether any underlying criminal charge exists or ever gets filed. Fighting an injunction properly, with the same seriousness someone would bring to a criminal case, matters precisely because of this consequence.
Why These Traps Carry Real Criminal Exposure
Carrying a concealed firearm without meeting these eligibility requirements is a third-degree felony in Florida, carrying up to five years in prison. Carrying a concealed weapon other than a firearm without meeting the same requirements is a first-degree misdemeanor. These aren’t minor technical violations. Someone who qualifies in every other respect but falls into the domestic violence or injunction trap faces the same felony exposure as someone with no eligibility at all.
What This Means for Anyone Carrying Under Florida’s Permitless Framework
Before assuming permitless carry eligibility, anyone with a domestic violence history, however old or minor it may feel now, or anyone currently subject to any injunction, needs to check these specific disqualifiers carefully. The three-year clock on a misdemeanor domestic violence withhold or conviction, and the absolute bar during an active injunction, apply regardless of good intentions or genuine confusion about eligibility. When in doubt, verifying eligibility before carrying protects against a felony charge that’s entirely avoidable with the right information upfront.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/iqfiMIk3a3U
Read: https://jgcrimlaw.com/articles/florida-permitless-carry-restricted-locations/
John’s Takeaways
- Florida permitless carry eligibility traps often catch people who assume the elimination of the licensing process removed all underlying requirements. It didn’t.
- A recent update matters here: Eubanks v. State, 2026 WL 1740598 (Fla. 4th DCA 2026), struck down the age-21 requirement as unconstitutional for adults 18 to 20, changing what was previously a hard 21-year floor.
- A misdemeanor domestic violence conviction or withhold of adjudication disqualifies someone from permitless carry for three years under Florida Statute § 790.06(2)(l), regardless of how the underlying case resolved.
- An active domestic violence or repeat violence injunction disqualifies someone from carrying entirely, even though the injunction itself is a civil proceeding rather than a criminal conviction.
- Carrying without meeting these eligibility requirements is a third-degree felony for firearms, carrying up to five years in prison, making these traps genuinely high-stakes.
Facing a Weapons Charge Connected to Permitless Carry Eligibility in Central Florida?
I’ve been handling firearms cases across Central Florida since 1993, and these specific eligibility traps show up in real cases more often than people expect. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s go through your specific history and figure out exactly where you stand.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.