Miami's Firearms: The Rules That Matter

Every city handles firearms a little differently. In Miami, Florida, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Concealed Carry

Florida HB 543 (2023) authorizes permitless concealed carry of handguns by law-abiding adults aged 21 and over statewide. Miami follows state law unchanged; the city cannot impose extra permits, training mandates, or carry zones beyond those listed in Chapter 790.

Key details: Statute: FL §790.01 (HB 543). Effective: July 1, 2023. Minimum age: 21 years. Permit required: No (optional). Miami add-ons: None permitted.

Carrying while a prohibited person, in a posted sensitive place, or refusing to identify on officer demand can be a first-degree misdemeanor or third-degree felony, with confiscation and possible firearm rights loss.

Miami is more permissive than most cities when it comes to concealed carry. That said, there are still limits.

Open Carry

Florida Statute 790.053 prohibits open carry of firearms in public, with narrow exceptions for hunting, fishing, camping, target shooting, and lawful self-defense. Miami follows state law; the city cannot loosen, tighten, or add open-carry overlays beyond Chapter 790.

Key details: Statute: FL §790.053. Default rule: Open carry banned. Penalty: 2nd-degree misdemeanor. Hunting exception: Allowed if licensed. Miami additions: None permitted.

Open display of a firearm in public is a second-degree misdemeanor punishable by up to 60 days jail and a $500 fine, plus possible loss of concealed-carry rights and federal firearm prohibitions if convicted.

Firearms in Vehicles

Florida Statute 790.25(5) permits any law-abiding adult to keep a firearm in a private vehicle if it is securely encased or otherwise not readily accessible for immediate use. Miami follows the state rule and adds no local vehicle-storage requirements.

Key details: Statute: FL §790.25(5). Storage standard: Securely encased. Glove box OK: Locked or unlocked. Permit needed: None for storage. Miami rules: None added.

Carrying an accessible firearm in a vehicle without permitless-carry eligibility is a second-degree misdemeanor; concealed carry without lawful authority by a prohibited person is a third-degree felony with up to five years prison.

If you are coming from a city with tighter rules, you will find Miami gives residents more flexibility on firearms in vehicles.

Local Firearms Preemption

Miami cannot enact local firearm ordinances — Florida Statutes Section 790.33 reserves the whole field of firearm and ammunition regulation to the state Legislature. Local officials who knowingly enact preempted rules face personal civil fines up to $5,000 and removal from office.

Key details: Preemption Statute: Fla. Stat. Sec. 790.33. Enacted / Strengthened: 1987; 2011; 2021. Officials' Penalty: $5,000 personal fine + removal from office. Private Damages: Up to $100,000 + attorney fees. Statewide Carry: Permitless concealed carry (21+) since July 2023.

Any Miami ordinance conflicting with Sec. 790.33 is void. Courts must enjoin enforcement; knowing-and-willful violations bring $5,000 personal fines, removal from office, and private damages up to $100,000 plus attorney's fees.

Miami is more permissive than most cities when it comes to local firearms preemption. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Miami gives residents more room on firearms. 3 of the 4 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Miami's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.