I’ve represented many people across Florida who never intended to break the law yet still found themselves handcuffed for what they thought was lawful firearm possession. One of the most misunderstood parts of Florida gun law is what “open carry” really means.
Under Florida Statutes § 790.053, open carry is generally prohibited:
“Except as otherwise provided by law, it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”
That simple sentence has led to thousands of wrongful arrests. Many Floridians believe that having a concealed weapon permit allows them to carry their gun however they wish. Others are arrested because a firearm accidentally became visible when their shirt lifted or jacket moved. In many of these cases, there was no intent to display or threaten — yet police charged the person as if they were deliberately brandishing a weapon.
This is where I step in. As a Florida Gun Carry Defense Lawyer, I work to ensure that what the law truly allows — and what an officer claims happened — are clearly separated.
What “Open Carry” Really Means Under § 790.053
Florida is not an “open carry” state. Unless a specific exception applies, carrying a visible firearm in public is considered a violation. However, there are narrow exceptions built into the statute, including:
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Lawful use of a firearm at a shooting range, while hunting, camping, or fishing.
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Travel to and from these lawful activities.
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Law enforcement officers, security officers, and certain other authorized personnel.
The real issue comes down to how police interpret exposure. If your shirt briefly rides up and reveals your holstered firearm, that is not the same as “open carry.” In 2015, the Florida Supreme Court case Norman v. State, 159 So.3d 205 (Fla. 4th DCA 2015), aff’d 215 So.3d 18 (Fla. 2017)**, confirmed that Florida’s restriction on open carry is constitutional but clarified that the law does not criminalize accidental or momentary display.
Despite that, many arrests still happen. Officers often assume intent to display, leading to unnecessary charges.
Penalties for Open Carry in Florida
A violation of § 790.053 is a second-degree misdemeanor, punishable under § 775.082 and § 775.083 by up to 60 days in jail, 6 months of probation, and a fine of up to $500.
However, what’s most damaging isn’t always the penalty itself — it’s the criminal record that follows. A misdemeanor firearm conviction can lead to:
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Loss of concealed carry rights.
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Employment consequences, especially for security, law enforcement, or military applicants.
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Background check issues for future firearm purchases.
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Damage to your reputation and professional licensing.
I’ve seen many cases where the alleged “display” was unintentional, yet the accused still faced fingerprinting, mugshots, and days of anxiety waiting for a first appearance. That is why retaining a private defense lawyer immediately is so critical.
How Innocent Exposure Can Lead to Arrest
Picture this: you’re walking into a grocery store on a hot Florida afternoon. You bend down to tie your shoe, your untucked shirt lifts slightly, and the outline of your holstered firearm becomes visible. A passerby sees it, panics, and calls 911. When police arrive, they assume the worst — that you were displaying a weapon intentionally.
This type of misunderstanding leads to many of the open carry arrests I defend. Law enforcement often responds to “a man with a gun” calls without confirming whether the person was actually committing a crime.
That is why every detail matters. Did the firearm remain holstered? Was it visible for a second or several minutes? Were you acting aggressively or calmly? These facts can determine whether the case can be dismissed or whether prosecutors push for a conviction.
Real Case Example: Charges Dismissed After “Accidental Exposure”
A client in Tampa was leaving a fishing pier and walking to his truck. He had a firearm holstered on his hip, partially covered by a fishing vest. A passing officer spotted it, detained him, and charged him with unlawful open carry under § 790.053.
When I reviewed the case, I gathered surveillance footage from a nearby bait shop showing the client carrying a fishing pole and tackle box. Under Florida law, § 790.25(3)(h) explicitly allows open carry while “engaged in fishing, camping, or lawful hunting, or while going to or returning from such activity.”
After presenting this evidence to the prosecutor, the case was dismissed before trial. The client kept his record clean, his concealed carry license remained valid, and he avoided jail entirely.
This case illustrates why having an experienced defense lawyer is essential — not just to argue the law, but to prove the context and intent behind your actions.
Common Misunderstandings That Lead to Arrests
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Thinking a concealed carry license allows open carry – It doesn’t. A concealed carry license (under § 790.06) permits only concealed possession.
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Assuming brief exposure equals legal display – Even a brief visible moment can prompt police response, though not every exposure is criminal.
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Believing police will automatically understand intent – Officers may interpret any visible gun as a threat until proven otherwise.
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Failing to understand exemptions – Many lawful activities, such as traveling to a gun range or fishing, can create exceptions under § 790.25.
Because each case turns on these fine distinctions, it’s not enough to argue “it was an accident.” You need legal representation that can present the evidence properly and force prosecutors to recognize lawful conduct.
Defenses Against Florida Open Carry Charges
A strong defense strategy begins with understanding the precise facts and statutory exceptions. Defenses may include:
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Lawful Activity Defense: Showing you were engaged in, or traveling to or from, a lawful hunting, fishing, or camping activity under § 790.25(3)(h).
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Accidental Exposure Defense: Demonstrating that the firearm became visible momentarily or unintentionally without intent to display.
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Constitutional Challenge: Arguing unlawful detention or illegal search and seizure under the Fourth Amendment.
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Lack of Intent: Proving there was no deliberate or threatening display of the firearm.
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Self-Defense Context: In rare cases, showing that any display of the firearm was in lawful self-defense as permitted by § 776.012.
Each defense requires a thorough understanding of the statutes and the ability to present them persuasively before the court. As a private attorney, I have the time and resources to investigate every fact, review body-camera footage, locate witnesses, and uncover evidence the police may have overlooked.
Why You Need a Private Defense Attorney
Public defenders are dedicated professionals, but they often handle hundreds of cases at once. When your gun rights, reputation, and freedom are on the line, you need individualized attention.
A private attorney can:
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File motions to dismiss early in the case.
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Negotiate with prosecutors to reduce or drop charges.
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Challenge any illegal stop or search.
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Represent you in administrative hearings if your firearm license is suspended.
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Ensure you qualify for record expungement or sealing under § 943.0585 once your case is resolved.
The difference between a conviction and a dismissal often comes down to having an attorney who knows how to build a factual record that tells your side of the story.
What Happens After an Open Carry Arrest
When arrested for open carry, the first court appearance — called arraignment — will be scheduled within days. At this hearing, the judge reads the charge and you enter a plea. Without representation, many people plead “no contest,” hoping for leniency. Unfortunately, that plea still results in a conviction and permanent record.
My approach is to act immediately:
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Request discovery from the State Attorney’s Office.
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Review body-cam footage for inconsistencies.
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File motions to suppress evidence if your rights were violated.
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Seek dismissal through statutory exceptions before trial.
In many cases, early intervention leads to dismissal or pretrial diversion, keeping your record clean.
Other Related Firearm Statutes That May Apply
Several other Florida laws often surface alongside § 790.053:
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§ 790.06 – Licensing for concealed carry.
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§ 790.10 – Improper exhibition of a firearm, a first-degree misdemeanor that carries up to a year in jail.
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§ 790.25 – Lawful ownership, possession, and use of firearms; lists key exemptions for lawful carry.
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§ 776.012 – Use or threatened use of force in defense of person.
Prosecutors sometimes overcharge under multiple statutes, especially when police reports allege “threatening display.” A skilled defense lawyer identifies where those statutes overlap and exposes any overreach.
The Value of Immediate Legal Action
Every hour matters after an arrest. Witness memories fade, surveillance footage is overwritten, and police reports solidify a one-sided story. I always advise clients to contact a Florida Gun Carry Defense Lawyer as soon as possible after an arrest or investigation.
By acting quickly, we can preserve evidence that proves lawful conduct, prevent damaging statements from being used against you, and position your case for dismissal before formal charges are even filed.
Protecting Your Future: Expungement and Record Sealing
Even if your case is dropped, your arrest may still appear on background checks unless it is formally sealed or expunged. Under Florida Statute § 943.0585, a person who has never been convicted of a crime may qualify to expunge a dismissed charge.
That means employers, landlords, and state licensing agencies will no longer see your arrest record. My firm routinely handles these petitions to ensure that clients regain their clean slate after a false or unnecessary arrest.
Why Innocent People Get Arrested
Most open carry arrests I defend begin with a misunderstanding, not criminal intent. Florida law enforcement receives frequent “man with a gun” calls. In a state where concealed carry is legal but open carry is not, these encounters often create confusion.
I’ve represented teachers, nurses, small business owners, and veterans — people who were simply exercising their rights responsibly. The difference between freedom and a record depends on whether your defense attorney can show the real context behind your actions.
Why Prosecutors Sometimes Overreach
State prosecutors often feel pressure to appear tough on firearm offenses, particularly after public complaints. That pressure can cause overcharging — turning what should be a dismissed case into a criminal prosecution.
I’ve handled cases where prosecutors initially sought jail time, only to later drop all charges once we presented context showing my client was engaged in lawful activity. That’s why I never accept the State’s version of events at face value.
How I Approach Each Case
When I take an open carry case, I:
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Conduct a full review of body-worn camera footage.
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Identify any inconsistencies in officer statements.
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Locate witnesses who saw what really happened.
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Cross-reference the arrest report with statutory language.
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File targeted motions for dismissal or suppression.
I treat every client as if the case were my own record on the line. Whether your firearm was visible for seconds or minutes, your intent and conduct deserve to be judged by the full law — not just a hasty assumption.
Your Rights Under Florida Law
Even if police believe a firearm was displayed improperly, they must still follow constitutional protections. They cannot detain or search you without reasonable suspicion, nor can they seize a firearm without probable cause.
If your rights were violated, any evidence obtained unlawfully can be suppressed. Once that happens, the prosecution’s case often collapses. I have won dismissals on these grounds many times, saving clients from prosecution entirely.
Contact a Florida Gun Carry Defense Lawyer Today
If you were arrested for open carry in Florida, remember: a misunderstanding does not equal guilt. The law allows for lawful possession, lawful travel, and accidental exposure. What you need is an attorney who knows how to prove it.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with firearm or traffic offenses. We are available 24/7/365 for your free consultation. With over 35 offices across Florida — including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle — we stand ready to protect your rights statewide.
Frequently Asked Questions with a Florida Gun Carry Defense Lawyer
What does Florida law mean by “open carry”?
Under § 790.053, “open carry” means having a firearm visible to the ordinary sight of another person. Unless one of the statutory exceptions applies, any visible carry is prohibited. However, a brief or accidental exposure of a concealed firearm does not automatically violate the law.
Can police arrest me even if I didn’t intend to show my firearm?
Yes, they can, and often do. Officers frequently arrest first and let the courts decide later. That’s why it’s important to have an attorney who can demonstrate lack of intent and argue that the exposure was accidental or protected by lawful activity.
Is there any time when open carry is legal in Florida?
Yes. Under § 790.25(3)(h), individuals may openly carry firearms while engaged in lawful hunting, fishing, camping, or traveling to and from those activities. Other exceptions exist for law enforcement, licensed security guards, and certain lawful demonstrations or gun ranges.
Can I be charged for improper exhibition if my firearm becomes visible?
If someone accuses you of “brandishing” or threatening display, you may also face charges under § 790.10 for improper exhibition of a firearm. That charge is a first-degree misdemeanor and carries harsher penalties, but it also requires proof of intent to threaten.
What penalties can result from an open carry conviction?
A conviction is a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine. However, the lasting damage comes from having a criminal record and potential loss of your concealed weapon license.
Can my case be dismissed?
Yes. Many open carry cases are dismissed when the facts show the exposure was brief, accidental, or within one of the lawful exceptions. An experienced defense lawyer can present evidence and legal arguments that lead prosecutors to drop the charge.
What if I have a concealed carry permit?
A concealed carry license under § 790.06 does not authorize open carry. However, if your weapon became visible unintentionally while lawfully concealed, your attorney can argue there was no violation under the “brief and inadvertent display” exception recognized by Florida courts.
Will this arrest affect my gun ownership rights?
Even a misdemeanor firearm conviction can lead to suspension of your concealed carry license and difficulty passing background checks for future firearm purchases. That’s why fighting the charge — rather than pleading out — is crucial.
Can a conviction be removed from my record later?
If your case is dismissed or you receive a withhold of adjudication, you may qualify to have the record sealed or expunged under § 943.0585. Your attorney can guide you through that process so your arrest no longer appears in background checks.
Why should I hire a private Florida Gun Carry Defense Lawyer instead of using a public defender?
Private attorneys have the time, resources, and flexibility to fully investigate your case, interview witnesses, and pursue dismissal aggressively. Public defenders often carry overwhelming caseloads, leaving little room for the detailed work these cases demand.
Contact Musca Law 24/7/365 at 1-888-484-5057 for Your FREE Consultation
Musca Law, P.A. defends firearm-related and open-carry charges statewide. Our Florida Gun Carry Defense Lawyers are available day and night to fight for your freedom and your clean record.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with firearm or traffic offenses. We are available 24/7/365 for your free consultation. With over 35 offices across Florida — including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle — we stand ready to protect your rights statewide.