24/7 Wall St. Insights
- Firearm policy has become one of the most polarizing issues in American politics in recent years.
- The partisan debate over the appropriate balance between gun rights and gun control has resulted in years of stalled gun control initiatives in Washington, D.C., and a patchwork of firearm regulations across the 50 states.
- While Florida has done more to regulate firearms than much of the rest of the country, the state’s gun control policies are not especially strong.
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For more than two centuries, gun ownership has been a constitutional right in the United States. Under federal law, certain groups — including felons, illegal drug users, and fugitives — are prohibited from owning firearms, and some specific types of firearms — such as fully automatic weapons and short-barreled shotguns — are generally prohibited. Still, the U.S. has some of the least restrictive firearm policies in the world.
In recent years, the growing regularity of mass shootings and rising rates of gun violence, have made gun control one of the most polarizing issues in American politics — with some Americans championing gun rights, and others advocating for tighter regulations. According to a 2023 Gallup survey, 84% of likely Democratic voters say that gun laws should be stricter, compared to only 31% of likely Republican voters.
In an era of divided government, the partisan divide over gun control policy has yielded little beyond political gridlock. In the absence of legislative action on Capitol Hill, many states have exercised their authority to expand upon federal gun control policies, while others have adopted a hands-off approach.
According to the analysis of Giffords Law Center, a gun violence prevention group, Florida has some of the weakest gun control laws in the country. Accounting for a wide-range of policies at the disposal of state governments — including assault-style weapon and high-capacity magazine bans, universal background check laws, waiting periods, and restrictions on firearms in public places — Gifford’s Law Center assigned Florida a letter grade of “D+”, on an A-F scale, for the strength of its gun control policies. (Here is a look at every state’s gun law grade.)
Firearm regulations are generally designed and implemented to reduce the likelihood of gun violence, and, while there are exceptions, states with stronger gun regulations often have lower gun death rates. In Florida, there were 3,232 firearm related deaths in 2022, or about 14.0 for every 100,000 people, the 19th lowest gun-death rate of the 50 states, according to the data from the Centers for Disease Control and Prevention. (Here is a look at the U.S. cities where gun crime is surging.)
Using data compiled by Gifford’s Law Center, 24/7 Wall St. reviewed Florida”s approach to 14 key gun control policy areas. It is important to note that the laws on this list are not exhaustive, and only represent broad guidelines. Legal nuances can also vary at the local level.
Why It Matters
With the exception of some modest revisions to background check protocols, the U.S. has not implemented any meaningful gun control reform in decades. Still, state governments also have the authority to enact their own policies, resulting in a patchwork of gun laws across the 50 states. Currently, Florida ranks as having some of the weakest state-level firearm regulations in the country.
Universal background check laws
- State policy: Under federal law, all gun buyers must undergo a background check before obtaining a firearm from a licensed retailer — but transfers made from unlicensed retailers are exempt from background check requirements. While many states have closed this loophole with universal background check laws, Florida has not.
Mental health reporting
- State policy: Florida is authorized, but not required, to report individuals involuntarily committed to undergo mental health treatment, as well as those who are under living with a guardian to help manage their affairs, to federal background check databases.
Concealed carry of a firearm
- State policy: No permit required to carry a concealed firearm in certain public places in Florida.
Handgun open carry regulations
- State policy: Open carry of handguns in public places is prohibited in Florida.
Long gun open carry regulations
- State policy: Open carry of long guns, like rifles or shotguns, is generally prohibited in Florida.
Stand your ground laws
- State policy: Use of deadly force is permitted in public, if necessary, to prevent death or serious bodily harm — even if it is possible to step away from the incident.
Guns in schools
- State policy: In Florida, the school guardian program allows for firearms to be carried in K-12 schools by school security officers, teachers, and other school employees.
Mandatory waiting periods for firearm purchases
- State policy: Florida imposes a three day waiting period for firearm purchases, though wait times can vary if required background checks exceed three days.
Assault-style weapons
- State policy: Assault-style weapons, like those modeled after AK-47 or M-16 military rifles, are not regulated in Florida.
High-capacity magazines
- State policy: High-capacity magazines are not regulated in Florida.
Licensing requirements
- State policy: Gun owners or prospective buyers do not need to obtain a permit in Florida.
State-level prohibitions on who can own firearms
- State policy: In Florida, adults who were adjudicated for certain juvenile offenses are subject to firearm access restrictions.
Minimum age requirements for handguns
- State policy: In Florida, individuals must be at least 21 years old to purchase a handgun and at least 18 years old to possess a handgun.
Minimum age requirements for long guns
- State policy: In Florida, individuals must be at least 21 years old to purchase a long gun — like a rifle or shotgun — and at least 18 years old to possess a long gun.
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