MAKING SENSE OF PERMITLESS AND CONSTITUTIONAL CARRY

Although the terms constitutional carry, permitless carry, unrestricted carry and open carry are often used interchangeably, definitions of the terms significantly differ. Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly and/or in a concealed manner and no state permit is required. Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications such as no DUIs in the last 10 years, in order to legally carry. Some states are fully unrestricted, meaning no permit is required for open or concealed carry and others allow the open carry of a firearm/or handgun without a permit but require a permit for concealment. Open carry means to to carry a firearm in public in circumstances where the firearm is fully or partially visible to others and falls into several categories. Some states specify that open carry occurs when the weapon is “partially visible,” while others may require the weapon to be “fully visible” to be considered carried openly. States may impose various restrictions such as age limits, criminal history conditions, and geographic limits. In 2023, Florida introduced HB543 which allows some Florida residents to carry a concealed weapon or firearm without a concealed weapon license, something that previously was punishable as a third-degree felony. In order to qualify for constitutional carry, residents must satisfy two main requirements - they must carry a valid form of ID while in actual possession of a concealed weapon, and provide it to law enforcement if asked, and they must obey any prohibition against carrying concealed weapons in certain locations. This minicourse will discuss the various aspects of permitless, constitutional carry and the Florida’s constitutional carry law. In light of the recent hurricanes to our area and the resulting devastation and personal loses we experienced, this minicourse will be provided free of charge.