Lupella and Rehr Attorneys at Law Logo - Ft Walton Beach Criminal Attorneys
  • Home
  • Practice Areas
    • All Practice Areas
    • Arrest Warrant
    • Battery and Violent Crimes
    • Carrying A Concealed Weapon
    • Drug Arrests
      • Drug Arrests
      • Possession of a Controlled Substance
    • Fleeing & Eluding
    • Insurance Fraud
    • Minor in Possession of Alcohol
    • Public Intoxication
    • Soliciting
    • Traffic Offenses
    • Arrested and In The Military
    • BUI
    • Disorderly Conduct
    • DUI Defense
      • Second DUI
      • Third DUI
      • DUI Manslaughter Defense Attorney
    • Hit & Run Defense
    • Juvenile Arrests
    • Mortgage Fraud
    • Resisting Arrest
    • Stolen Property/Pawn Fraud
    • Vacationers Under Arrest
    • Assault Defense Attorney
    • Cocaine Charges
    • Domestic Violence
    • Failure To Appear
    • Illegal Exhibition
    • Marijuana Possession
      • Marijuana Possession
      • Felony Marijuana Charges
    • Probation Violations
    • Post Conviction Relief/Appeals
    • Sex Based Crimes
    • Theft Arrests
    • Immigrant Defense
  • Customer Reviews
    • Ft. Walton Beach Area Reviews
    • Destin Area Reviews
    • Defuniak Springs/Walton County Reviews
    • Crestview Reviews
  • Q & A
    • Q & A
    • Okaloosa County Resources
    • Walton County Resources
  • About Us
    • Our Attorneys
    • Success Stories
    • Offices
      • Fort Walton Beach
      • Destin
      • Crestview
      • DeFuniak Springs/Walton County Area
  • Contact Us
Lupella Wins Murder Trial
Contact An Attorney

Call for a Free Consultation

850.362.6655

Can I Carry a Gun Without a Concealed Weapons Permit in Florida?

Can I Carry a Gun Without a Concealed Weapons Permit in Florida?

By Shawn Lupella


If you’re wondering whether you can carry a gun without a concealed weapons permit in Florida, the short answer is yes—but the full picture is more complicated than most people realize. Florida’s permitless carry law, which took effect on July 1, 2023, changed the landscape significantly. More recently, open carry became legal statewide on September 25, 2025. While these laws expanded Second Amendment freedoms, they also created confusion about what’s actually legal and what can still result in criminal charges.

For residents of Fort Walton Beach, Destin, Crestview, and surrounding Okaloosa, Walton, and Santa Rosa Counties—including active-duty military personnel stationed at Eglin Air Force Base and Hurlburt Field—understanding these laws is absolutely critical. What seems like a minor mistake can result in felony charges that destroy your career, your freedom, and your future.

⚠️ Been charged with a weapons offense in Okaloosa, Walton, or Santa Rosa County? Contact our Fort Walton Beach criminal defense team immediately for experienced representation. We understand both civilian and military justice systems.

Why Local Experience Matters: Former Okaloosa County Prosecutor on Your Side

When you’re facing weapons charges in Northwest Florida, you need more than just general legal advice—you need an attorney who knows exactly how the Okaloosa County State Attorney’s Office builds its cases. Attorney David Rehr spent years as a prosecutor in this exact jurisdiction, handling thousands of criminal cases from misdemeanors to the most serious felonies. He knows the local judges, understands how prosecutors think, and has the insider knowledge that only comes from working both sides of the courtroom.

Combined with Managing Partner Shawn Lupella’s 20+ years and over 10,000 court appearances defending clients throughout Northwest Florida, Lupella & Rehr offers unmatched local expertise. This isn’t a big-city firm trying to handle cases in unfamiliar courts—this is your hometown defense team with deep roots in the Fort Walton Beach community and proven results in Okaloosa, Walton, and Santa Rosa County courthouses.

Florida’s Permitless Carry Law: What Changed in 2023

Under Florida Statutes Section 790.01, adults who meet specific eligibility requirements can now carry a concealed firearm without a permit. This is a significant shift from the previous system, which required training, fingerprints, and background checks. However, the law doesn’t eliminate all regulations—you must still meet strict eligibility criteria, and numerous places remain off-limits.

Many people arrested for weapons charges in Fort Walton Beach genuinely believed they were following the law. The permitless carry law created widespread confusion, and law enforcement in Okaloosa County has been vigilant in prosecuting violations. If you’re facing any weapons-related charge, understanding these requirements is crucial for your defense.

Eligibility Requirements at a Glance

To legally carry a concealed firearm without a permit in Florida, you must meet ALL of these requirements:

Requirement Details
Age Must be 21 or older
Citizenship U.S. citizen or lawful permanent resident
Criminal History No felony convictions unless rights restored; no domestic violence misdemeanors
Injunctions No active restraining orders or protection orders
Mental Health Not adjudicated mentally defective or committed to mental institution
Substance Use Not an unlawful user or addict (includes medical marijuana cardholders under federal law)
ID Requirement Must carry valid ID and present to law enforcement upon request

If you don’t meet every single one of these requirements, carrying a concealed weapon is a third-degree felony punishable by up to five years in prison, five years of probation, and a $5,000 fine. Many people facing battery charges or domestic violence charges in Okaloosa County don’t realize these convictions can permanently bar them from possessing firearms.

Special Considerations for Military Personnel at Eglin AFB and Hurlburt Field

If you’re active-duty military stationed at Eglin Air Force Base or Hurlburt Field, weapons charges carry additional serious consequences beyond civilian criminal penalties. A conviction can result in loss of security clearance, administrative separation from service, or court-martial proceedings under the Uniform Code of Military Justice (UCMJ).

Okaloosa County is home to over 20,000 military personnel and their families. Eglin AFB is the largest Air Force installation in the world, and weapons charges here often involve unique circumstances like firearms brought onto federal property, incidents in base housing, or violations of military-specific regulations. Attorney David Rehr has extensive experience defending both civilians and military members, understanding the critical intersection between Florida criminal law and military justice.

Federal property restrictions: Carrying firearms on Eglin AFB, Hurlburt Field, or other federal installations is governed by federal law, not just Florida law. Even if you meet all state eligibility requirements, unauthorized weapons possession on base is a federal crime. Many service members face charges after unknowingly violating Installation Commander policies or attempting to transport legally-owned firearms through base gates.

Where You Still Cannot Carry in Fort Walton Beach, Destin, and Okaloosa County

Even if you meet all eligibility requirements, Florida law prohibits firearms in specific locations. Many people arrested for improper exhibition of a weapon or weapons violations in Fort Walton Beach and Destin didn’t realize they were in a prohibited area. Common prohibited locations include:

Prohibited Location Penalty Level
Bars & establishments serving alcohol for on-premises consumption (including popular Destin Harbor restaurants and Fort Walton Beach nightlife venues) 1st Degree Misd.
Schools, colleges, career centers (Northwest Florida State College, University of West Florida Fort Walton Beach campus) 3rd Degree Felony
Okaloosa County Courthouse in Crestview, courtrooms, clerk of court offices 1st Degree Misd.
Polling places during elections (Okaloosa County voting locations) 1st Degree Misd.
Government meetings (Okaloosa County Commission, Fort Walton Beach City Council, Destin City Council meetings) 1st Degree Misd.
Okaloosa County Jail, detention facilities 1st Degree Misd.
Destin-Fort Walton Beach Airport (VPS) terminals & sterile areas Federal Crime
Federal buildings, post offices, Eglin AFB, Hurlburt Field, all military installations Federal Crime
Private property with posted signs or verbal prohibition (hotels, tourist attractions, private businesses) Trespassing

Important: Carrying while intoxicated is also illegal under Florida Statutes Section 790.151, regardless of location. If you plan to drink at any of the popular nightlife spots along Okaloosa Island, in downtown Fort Walton Beach, or at Destin Harbor, leave your firearm secured at home. Many disorderly intoxication arrests during spring break season and summer tourist months also involve weapons charges when firearms are present.

Tourist Season Considerations: Spring Breakers and Visitors Need to Know

The Emerald Coast attracts millions of visitors each year to its world-famous beaches. If you’re visiting Destin, Fort Walton Beach, or Okaloosa Island and you’re carrying a firearm, Florida’s permitless carry law applies to you as a non-resident—but only if you meet all the same eligibility requirements that apply to Florida residents.

Out-of-state visitors often run into trouble during busy tourist seasons when they:

  • Carry firearms into beachfront bars or restaurants serving alcohol
  • Bring weapons onto crowded public beaches during spring break or summer
  • Fail to properly secure firearms in hotel rooms or rental properties
  • Carry while intoxicated during nightlife activities
  • Attempt to bring firearms through Destin-Fort Walton Beach Airport security

Okaloosa County Sheriff’s Office and Fort Walton Beach Police Department actively patrol tourist areas and strictly enforce weapons laws. Don’t let a vacation turn into a criminal case.

Common Defense Strategies for Weapons Charges in Okaloosa County Courts

If you’ve been charged with unlawfully carrying a concealed weapon in Okaloosa, Walton, or Santa Rosa Counties, several defense strategies may apply depending on your circumstances. Former prosecutor David Rehr and veteran defense attorney Shawn Lupella know exactly how to challenge the prosecution’s case in local courtrooms.

Defense Strategy How It Works
Eligibility Defense Demonstrate you meet all permitless carry requirements under Florida law
Location Challenge Prove you were not in a prohibited area or signage was inadequate/unclear
Constitutional Violation Challenge illegal search, seizure, or lack of probable cause for traffic stop or arrest
Concealment Issue Argue weapon was not actually “concealed” as defined by Florida statutes
Lack of Knowledge Prove you did not know the firearm was present (passengers in vehicles, borrowed items)
Prosecutor Experience Advantage Attorney Rehr’s insider knowledge of how Okaloosa County prosecutors build cases enables strategic pretrial negotiations and courtroom defense

Need Help Now?

Call (850) 204-4084 to speak with an experienced Fort Walton Beach weapons defense attorney. Our team has successfully defended hundreds of clients in Okaloosa, Walton, and Santa Rosa County courts. We understand local procedures, local judges, and how to win.

The Difference Between State and Federal Weapons Charges

Many weapons arrests in Okaloosa County can be prosecuted at either the state or federal level, depending on the circumstances. Federal charges typically carry harsher mandatory minimum sentences and are prosecuted in federal court in Pensacola or Tallahassee—far from local support systems.

Federal charges commonly arise from:

  • Possession of firearms on Eglin AFB, Hurlburt Field, or other federal property
  • Felon in possession of a firearm
  • Weapons trafficking across state lines
  • Possession of firearms during drug trafficking offenses
  • Violations of federal firearms laws at Destin-Fort Walton Beach Airport

If you’re facing federal weapons charges, you need an attorney who understands both federal criminal procedure and local dynamics. Lupella & Rehr has experience defending clients in both state and federal courts throughout Northwest Florida.

How Florida’s 10-20-Life Law Applies to Weapons Charges

Florida Statutes Section 775.087 imposes mandatory minimum sentences when firearms are used during the commission of certain felonies. If you’re charged with any felony while possessing a firearm, these enhanced penalties automatically apply:

Weapon Involvement Mandatory Minimum Sentence
Possession of firearm during felony 10 years in prison
Discharge of firearm during felony 20 years in prison
Death or great bodily harm caused by firearm 25 years to life in prison

These mandatory sentences cannot be reduced by judges—even for first-time offenders. If you’re charged with drug trafficking, robbery, aggravated assault, or other serious felonies and a firearm was present, you face decades in prison. Former prosecutor David Rehr knows how to challenge these charges before they reach trial, negotiating with prosecutors to reduce charges and avoid mandatory minimums.

Frequently Asked Questions

How much does it cost for a lawyer to get your gun rights back in Florida?

The cost depends on your case complexity and the nature of your disqualifying conviction. Felony convictions typically require clemency applications through the Florida Board of Executive Clemency or court-ordered rights restoration. Legal fees generally range from a few thousand dollars to significantly more for complex cases involving multiple convictions. In Okaloosa County, Attorney David Rehr’s experience as a former prosecutor gives him unique insight into how to navigate rights restoration proceedings. Schedule a consultation for an accurate estimate based on your specific circumstances.

What are the three types of defense attorneys?

Defense attorneys fall into three categories: public defenders (government-employed, often with heavy caseloads handling cases for defendants who cannot afford private counsel), private criminal defense attorneys (hired directly by clients with more personalized attention and strategic case management), and court-appointed attorneys (private lawyers accepting case-by-case appointments at state-set rates). At Lupella & Rehr, we’re a private criminal defense firm exclusively focused on protecting your rights with personalized, aggressive representation in Okaloosa, Walton, and Santa Rosa Counties.

Which lawyer wins most cases in Fort Walton Beach?

Success in criminal defense isn’t measured solely by trial verdicts. The best attorneys achieve optimal outcomes through favorable plea deals, charge reductions or dismissals, pretrial diversion programs, or suppression of evidence. Look for attorneys with substantial experience in cases like yours, positive reviews, proven results in weapons defense cases, and—critically—local courtroom experience. Attorney David Rehr’s background as an Okaloosa County prosecutor gives him unmatched insight into how local cases are built and prosecuted. Combined with Shawn Lupella’s 20+ years and 10,000+ court appearances in Northwest Florida, we offer proven local expertise you won’t find elsewhere.

How much do the best criminal lawyers cost in Okaloosa County?

Criminal defense costs vary widely throughout Florida. Misdemeanors typically range from $1,500 to $5,000, while felonies range from $5,000 to $15,000 or more depending on complexity. Weapons charges often fall into the higher range due to serious consequences including mandatory minimum sentences. Many attorneys offer payment plans to make quality representation accessible. Remember, quality legal representation can save far more than it costs by reducing charges, avoiding jail time, protecting your military career (for service members), and keeping your record clean. An experienced Fort Walton Beach attorney who knows Okaloosa County courts is worth the investment.

Can I carry a gun on the beach in Destin or Fort Walton Beach?

Florida’s permitless carry law applies to public beaches, meaning if you meet all eligibility requirements, you can legally carry a concealed firearm on Okaloosa Island beaches, Destin beaches, and other public beach areas. However, carrying while intoxicated remains illegal regardless of location. During spring break and summer tourist season, law enforcement actively patrols beaches and strictly enforces weapons laws. Additionally, if you enter beachfront restaurants or bars that serve alcohol for on-premises consumption, carrying a firearm becomes illegal. The safest approach is to leave firearms secured when enjoying beach activities.

What happens if I’m caught with a gun at Eglin AFB or Hurlburt Field?

Unauthorized possession of firearms on federal military installations like Eglin AFB or Hurlburt Field is a federal crime, not just a Florida state violation. You can face federal prosecution, Installation Commander sanctions, loss of base access, and—if you’re active-duty military—court-martial proceedings, loss of security clearance, or administrative separation from service. Even legally-owned firearms must be properly registered and stored according to Installation policies. If you’re facing charges related to weapons on federal property, contact an attorney immediately who understands both federal criminal law and military justice. Attorney David Rehr has extensive experience defending military members in these complex cases.

Protect Your Gun Rights and Your Future in Northwest Florida

Florida’s permitless carry law expanded freedom for law-abiding gun owners, but it also created new legal risks and widespread confusion. Whether you’re facing weapons charges, drug charges with weapon enhancements, or need guidance about your eligibility to carry, Lupella & Rehr provides aggressive, knowledgeable defense throughout Northwest Florida.

With offices serving Fort Walton Beach, Destin, Crestview, and DeFuniak Springs, we’re here to help you navigate Okaloosa, Walton, and Santa Rosa County courts. Our attorneys have defended hundreds of clients against weapons charges and understand exactly how local prosecutors build their cases. Attorney David Rehr’s experience as a former Okaloosa County prosecutor gives us unique strategic advantages—he knows how the State Attorney’s Office thinks, what evidence they need, and where their cases are vulnerable.

For visitors and military personnel arrested in our area, we provide specialized representation that protects your career, your rights, and your future. We understand the unique pressures facing active-duty service members at Eglin AFB and Hurlburt Field, and we know how to defend against charges that could end military careers.

Don’t face weapons charges alone. The consequences are too serious, and the legal landscape is too complex. Let our experienced Fort Walton Beach defense team fight for you.

Ready to Discuss Your Case?

Contact Lupella & Rehr today for a confidential consultation. Former prosecutor on your side. Local expertise. Proven results.

Schedule Your Consultation

 

Our Locations

 

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

(850) 362-6655

GET DIRECTIONS

From our Ft Walton Beach Criminal Defense Office, we represent individuals in Valparaiso, Shalimar, Niceville, Mary Esther, Laurel Hill, Navarre, Hulbert Field, Eglin AFB, Santa Rosa Island and Okaloosa Island.

See the Lupella & Rehr reviews on Google

Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

GET DIRECTIONS

(850) 424-5240

From this office, we cover the following areas: Destin, Santa Rosa Beach, Miramar Beach, Sandestin, Rosemary Beach, Sunnyside, Seacrest, Seaside, Freeport, Choctaw Beach & Sacred Oaks.

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

GET DIRECTIONS

(850) 423-0738

From our Crestview Criminal Defense Office, we represent individuals in Escambia Farms, Laurel Hill, Svea, Baker, Holt, Milligan, Auburn, Deerland, the Duke Field area, and other areas in northern Okaloosa County.

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

GET DIRECTIONS

(850) 951-1134

From our Defuniak Springs Criminal Defense Office, we represent individuals in Freeport, Paxton, Miramar Beach, Alys Beach, Argyle, Blue Mountain Beach, Bruce, Eucheanna, Glendale, Grayton Beach, Inlet Beach, Mossy Head, Red Bay, Rosemary Beach, Santa Rosa Beach, Seacrest, Seagrove Beach, Seaside & Rock Hill.

Filed Under: Weapon Offenses Tagged With: criminal defense lawyer, weapon defense lawyer, weapon offenses

Primary Sidebar

Recent Q & A’s

  • Arrested in Fort Walton Beach During Spring Break? Here’s How the Okaloosa County Court Process Works
  • Prescription Drug Charges in Florida: Penalties and Defenses
  • What Happens When a Military Member Gets a DUI?
  • Valentine’s Day and Domestic Violence: False Accusations, Real Consequences
  • First Offense DUI: Can You Avoid Conviction in Florida?

Q & A Categories

Search For:

Contact Us

This field is for validation purposes and should be left unchanged.
FILL OUT THE FORM BELOW TO SCHEDULE A FREE CASE EVALUATION

Locations Served

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

GET DIRECTIONS

P. (850) 362-6655

Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

GET DIRECTIONS

P. (850) 424-5240

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

GET DIRECTIONS

P. (850) 951-1134

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

GET DIRECTIONS

P. (850) 423-0738

Criminal Areas We Can Help With

Been arrested in Fort Walton Beach or Destin, Florida? Then see our practice areas and discover how we can help.

About Us

Shawn Lupella is a former civil prosecutor for the State of Florida and criminal defense attorney that has handled more than 10,000 combined cases. David Rehr is a former local criminal prosecutor who personally oversaw thousands of cases, but now dedicates his experience to criminal defense.  Lupella & Rehr can be reached at (850) 362-6655, 24 hours a day, 7 days a week, 365 days a year if you need help.

Privacy Policy | Disclaimer
Copyright ©2026 Lupella & Rehr