Understanding Florida’s Gun-Free Zone Laws

As a Florida Gun-Free Zone defense lawyer, I’ve represented countless people who never imagined that a simple mistake—carrying a legally owned firearm into the wrong place—could lead to criminal charges. Florida law takes weapons in restricted locations extremely seriously. Under Florida Statute § 790.06(12), even those with a valid concealed carry license can be arrested for bringing a firearm into specific “gun-free zones.” These include schools, courthouses, polling places, government meetings, bars serving alcohol, airport terminals, and other sensitive locations.

Here’s what § 790.06(12)(a) actually says:

“A license issued under this section does not authorize any person to openly carry a handgun or to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, jail, or prison; any courthouse; any courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any elementary or secondary school facility or administration building; any career center; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any college or university facility unless authorized by school authorities; inside the passenger terminal and sterile area of any airport, except that no person shall be prohibited from carrying any legal firearm encased for shipment; or any place where the carrying of firearms is prohibited by federal law.”

A violation of this statute is typically charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine under § 775.082 and § 775.083. However, in certain contexts—such as carrying into a school or courthouse—additional felony-level enhancements may apply if intent, threats, or other aggravating factors are alleged.

Common Situations That Lead to Arrest

Many of my clients were licensed, law-abiding firearm owners who simply forgot they were carrying or misunderstood the restrictions. The most common scenarios include:

  • Walking into a bar while armed after dinner

  • Entering a courthouse with a firearm in a purse or briefcase

  • Dropping off or picking up a child from a school with a gun in the vehicle

  • Passing through an airport terminal with a concealed weapon

  • Attending a public meeting or government office while armed

These mistakes don’t make someone a criminal, but Florida law doesn’t offer much leniency without an aggressive defense. That’s where an experienced private attorney becomes essential.

Why You Need a Private Attorney Immediately

When you’re charged with carrying in a gun-free zone, every statement you make can affect how prosecutors handle your case. Police reports often contain assumptions about intent, even when the facts show simple forgetfulness. As your defense lawyer, I focus on two priorities: keeping you out of jail and preventing a permanent criminal record.

A private attorney can:

  • Challenge the legality of the search or seizure—Was the officer justified in detaining or searching you?

  • Negotiate with prosecutors early—Many first-time offenders can avoid conviction through pretrial diversion or dismissal.

  • Protect your concealed carry rights—A conviction can revoke your license and disqualify you from future ownership.

  • Prevent long-term damage to your record—Even a misdemeanor weapons conviction can affect employment and security clearances.

Public defenders do not always have the time or resources to investigate details like body camera footage, airport security procedures, or surveillance video showing that you never intended harm. A private defense lawyer can.

Relevant Florida Statutes and Their Impact

In addition to § 790.06(12), several other Florida statutes often appear in gun-free zone cases:

§ 790.115 – Possession or Discharge of Weapons on School Property

“A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13) at a school-sponsored event or on the property of any school, school bus, or school bus stop.”

This offense can be a third-degree felony, punishable by up to five years in prison. Even if your firearm remained locked in your car, prosecutors may still file charges depending on the location of the vehicle and whether it was on “school property.”

§ 790.151 – Using a Firearm While Under the Influence of Alcohol or Controlled Substances
If you carried in a bar or restaurant that primarily serves alcohol, the prosecution may allege you violated both § 790.06(12) and § 790.151 if you were drinking. These cases often require careful toxicology review and witness testimony to challenge assumptions of impairment.

§ 790.052 – Carrying While Performing Official Duties
Law enforcement officers, security guards, and certain authorized personnel have exceptions under this section, but those exceptions are narrow. Mistaken belief in an exemption is not automatically a defense—but it can demonstrate lack of criminal intent, which is crucial for negotiation or dismissal.

Building a Strong Defense

The defense strategy depends heavily on where and how the firearm was discovered. Some of the strongest defenses I have successfully used include:

1. Lack of Intent or Knowledge

Florida law requires proof that you “knowingly” carried a firearm into a restricted area. If you forgot it was in your bag or vehicle, or believed you were permitted in that location, we can present that as evidence of no criminal intent. This is especially strong when surveillance or witness statements confirm your lack of awareness.

2. Unlawful Search and Seizure

Many gun-free zone arrests begin with a questionable search. For instance, airport security may have overstepped TSA guidelines, or a deputy at a courthouse may have searched beyond the scope of policy. If the weapon was discovered through an unlawful search, we can move to suppress the evidence entirely under the Fourth Amendment and Article I, Section 12 of the Florida Constitution.

3. Possession in a Vehicle, Not on Premises

When firearms remain locked in a car parked in a public lot near a restricted building, § 790.251—Florida’s “Parking Lot” or “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008”—may apply. It allows lawful firearm owners to keep guns locked in privately owned vehicles, even when parked at workplaces or certain public properties.

4. Authorization or Mistaken Classification

Some facilities, such as mixed-use venues or government lease spaces, may not meet the legal definition of a prohibited “gun-free zone.” I’ve defended clients accused of carrying in “school facilities” that were actually leased private spaces or mixed-use athletic complexes not under school jurisdiction.

5. Constitutional and Preemption Challenges

Under Article I, Section 8 of the Florida Constitution and § 790.33, local governments cannot create additional gun restrictions. If a municipal ordinance or policy exceeded state law, your arrest may be invalid.

Real Case Example: Dismissed Charge After Airport Arrest

One of my clients, a 42-year-old nurse traveling for work, was arrested at Tampa International Airport after TSA agents found her handgun in a carry-on bag. She had a valid concealed carry permit and forgot the firearm was inside a side pocket from a prior trip to the range. She was charged under § 790.06(12) for carrying in a passenger terminal.

We immediately obtained surveillance footage showing she arrived early, calmly cooperated with TSA, and made no effort to conceal the weapon. Our team documented her clean record, nursing license, and cooperation with authorities. We also showed that she had declared the firearm properly on prior trips, proving her lack of criminal intent.

After presenting this evidence to the prosecutor, we secured a full dismissal through pretrial diversion—no conviction, no probation, and no license revocation. She was able to maintain her nursing career and her concealed carry rights.

This case demonstrates how quickly an honest mistake can escalate—and how fast an experienced defense lawyer can turn it around.

Penalties and Long-Term Consequences

Even a misdemeanor conviction under § 790.06(12) can cause lasting harm. Beyond fines or short jail sentences, you could face:

  • Suspension or permanent revocation of your concealed carry license

  • Denial of future firearm purchases under federal background checks

  • Loss of employment for licensed professionals or security personnel

  • Immigration consequences for non-U.S. citizens

  • Travel and reputation issues related to a criminal record

Judges and prosecutors often assume these cases involve recklessness or disregard for safety. My job is to show them that you are a responsible person who made a mistake—and to ensure you don’t pay for it for the rest of your life.

Why Prosecutors Take These Cases Seriously

Florida’s post-Parkland legislative changes increased scrutiny of all firearm-related charges. Even technical violations like carrying into a “gun-free” location are often prosecuted aggressively. The state attorney’s office may resist dropping charges without a lawyer demonstrating strong mitigating factors. Prosecutors know the political optics surrounding guns and schools or bars; they are unlikely to give leniency without legal advocacy.

That’s why hiring a private attorney immediately matters. We can intervene before formal charges are filed, request discovery, contact the assigned prosecutor, and position your case for reduction or dismissal before it ever reaches trial.

Protecting Your Rights and Your Record

The difference between a conviction and a dismissal often depends on timing. If you were arrested under § 790.06(12), do not attempt to explain your side to law enforcement without counsel present. Everything you say can later be used as an admission. I advise clients to:

  1. Stay silent beyond basic identification

  2. Avoid discussing your intent or reasons for carrying

  3. Contact a defense attorney as soon as possible

  4. Preserve any evidence—photos, text messages, surveillance, or receipts showing your movements

  5. Document all officer interactions for later review

From the moment you hire me, I begin building your defense through document review, witness interviews, and negotiation strategy aimed at dismissal or charge reduction.

What a Strong Defense Can Achieve

Depending on the circumstances, an attorney may secure:

  • Dismissal through diversion (often for first-time offenders)

  • Reduction to a non-firearm infraction

  • Withholding of adjudication (no formal conviction)

  • Return of confiscated property (after legal clearance)

  • Preservation of concealed carry rights

Our defense strategy always aims to protect both your freedom and your future. Each case is unique, but what they share is the need for immediate, focused legal help.

How I Can Help You

When I represent a client accused of violating § 790.06(12), my focus is to restore peace of mind. I analyze whether the arresting officers followed correct procedures, whether your rights were respected, and whether any misunderstanding or lack of notice contributed to the incident. Many clients are relieved to learn that one mistake does not make them criminals and that effective advocacy can erase the record.

My team at Musca Law has defended firearm cases across every Florida county. We understand local prosecutors, court procedures, and diversion programs. Whether your arrest occurred in Miami-Dade, Hillsborough, or the Panhandle, we can intervene quickly to protect your rights.

Florida Gun-Free Zone Defense FAQs

What is considered a “gun-free zone” under Florida law?
A “gun-free zone” includes schools, courthouses, polling places, government buildings, public meetings, bars primarily serving alcohol, athletic events, and the passenger terminal areas of airports. Even with a valid concealed carry license, carrying in these places violates § 790.06(12). Some zones, such as schools, also trigger felony-level penalties under § 790.115. A defense attorney can determine whether the location actually qualifies as a restricted area and whether signage or authorization exceptions apply.

What are the penalties for carrying a firearm in a gun-free zone?
Most violations of § 790.06(12) are charged as second-degree misdemeanors, carrying up to 60 days in jail, six months of probation, and a $500 fine. However, carrying in schools or certain government buildings can raise the offense level. Beyond legal penalties, you could lose your concealed carry license and face employment or background check issues. A lawyer can often negotiate alternatives such as pretrial diversion or dismissal.

Can I carry a firearm in my vehicle on school property?
Florida law allows lawful gun owners to keep firearms locked in their privately owned vehicles under § 790.251, even when parked at work or certain public areas. However, school property is treated differently. Keeping a gun in your car while picking up your child can still lead to arrest if the vehicle is considered “on school property.” An attorney can argue whether the specific parking area falls outside the school’s legal boundary.

What if I didn’t know I was in a restricted area?
Lack of knowledge can be a powerful defense. Florida law requires that you “knowingly” carry the weapon into the restricted zone. If you forgot the gun was in your bag or were unaware that a facility was legally designated as a gun-free area, your attorney can argue lack of intent, which often leads to dismissal or reduction of charges.

Can I be charged for having a firearm in a bar or restaurant?
Yes, under § 790.06(12)(a)(12), you cannot carry in any portion of an establishment licensed to serve alcohol that is “primarily devoted” to that purpose. However, restaurants with bar sections may not meet that definition if you remained in the dining area. We can review surveillance and layout evidence to challenge how prosecutors classify the establishment.

What happens to my concealed carry license if I’m charged?
The Florida Department of Agriculture and Consumer Services can suspend or revoke your concealed carry permit upon arrest or conviction for carrying in a prohibited area. However, if your case is dismissed, or adjudication is withheld, you may preserve or restore your license. A private attorney can help you request reinstatement once the case resolves.

Can I go to jail for accidentally carrying into an airport terminal?
It’s possible, but many airport cases are resolved without jail time. Most involve forgetfulness rather than malicious intent. Prosecutors often agree to pretrial diversion when the evidence shows cooperation and no security threat. A defense lawyer can present these mitigating factors early to avoid criminal conviction and license loss.

Do prosecutors offer diversion programs for gun-free zone cases?
Yes, in many Florida counties, pretrial diversion or deferred prosecution programs are available for first-time offenders. Successful completion typically results in dismissal of the charge and eligibility for record expungement. Having an attorney handle the negotiation increases your chance of qualifying and ensures you meet all program terms correctly.

Can this charge affect my ability to buy firearms in the future?
Yes. A conviction under § 790.06(12) may appear on background checks and prevent future purchases. Even a withheld adjudication may delay approval. Avoiding a conviction through diversion or dismissal protects your Second Amendment rights.

Why should I hire a Florida Gun-Free Zone defense lawyer instead of representing myself?
Gun-free zone laws are complex and prosecutors treat them seriously. Representing yourself risks permanent criminal records, license loss, and even jail time. An experienced defense lawyer understands the nuances of § 790.06(12), knows which local prosecutors allow diversion, and can present your case in the best light for dismissal or reduction.

Speak With a Florida Gun-Free Zone Defense Lawyer Today

If you were arrested for carrying a firearm in a prohibited area under § 790.06(12), you need immediate representation. Every moment counts when it comes to protecting your rights, your record, and your future.

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 criminal or traffic offenses. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations statewide, serving Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the entire Florida Panhandle.