As a Florida Concealed Weapon Defense Lawyer, I frequently meet responsible gun owners who find themselves in serious legal trouble simply because they did not know where their concealed weapon license (CWL) does not apply. Many assume that holding a valid permit grants them unrestricted carry rights throughout the state. Unfortunately, this is far from true.
Under Florida law, there are specific areas where carrying a firearm remains illegal even with a valid CWL. These “restricted locations” are outlined in Florida Statutes § 790.06(12), and violating these restrictions can lead to arrest, criminal charges, and even loss of your license.
Let’s look closely at what the law says and why you must be cautious when exercising your concealed carry rights.
The Statute: Florida Statute § 790.06(12)
Florida Statute § 790.06(12) states:
“A license issued under this section does not authorize any person 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, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her 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 school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises which is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless authorized; inside the passenger terminal and sterile area of any airport; or any place where the carrying of firearms is prohibited by federal law.”
This statute leaves no room for misinterpretation. It lists multiple categories of places where concealed carry remains prohibited, even for permit holders.
Why Restricted Locations Matter
Even an unintentional mistake—like walking into a school office or courtroom with a concealed firearm—can result in criminal charges. Under Florida law, such an act can lead to arrest and prosecution for carrying a firearm in a prohibited place, often a second-degree misdemeanor or third-degree felony, depending on the location and circumstances.
For instance, carrying a weapon into a courthouse or school can trigger felony charges that carry severe penalties, including up to five years in prison and permanent revocation of your CWL.
As your Florida Concealed Weapon Defense Lawyer, I can tell you that prosecutors take these cases seriously, particularly in sensitive areas like schools and government buildings.
Additional Laws That Apply
In addition to § 790.06(12), several related statutes may come into play:
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Florida Statute § 790.115 – Prohibits possession of weapons on school property, with limited exceptions.
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Florida Statute § 790.10 – Addresses improper exhibition of dangerous weapons or firearms.
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Florida Statute § 790.052 – Covers carrying firearms by law enforcement officers and other designated personnel.
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Florida Statute § 790.33 – Preempts local firearm regulation, meaning local governments cannot create stricter rules beyond what the state has set.
Understanding how these statutes interact can mean the difference between a criminal record and a dismissal.
A Real Case Example
A client of mine, a licensed concealed carry holder, was arrested after entering a city hall building with a handgun secured inside his waistband. He had forgotten that the building housed a courtroom used for municipal hearings. A security officer discovered the firearm during a security check, and my client was charged with carrying a concealed weapon into a prohibited location.
We presented evidence that my client had no criminal intent, cooperated fully with law enforcement, and possessed an active CWL. We also demonstrated that the signage marking restricted areas was unclear and not visible from the public entrance. After extensive negotiation and legal argument, the prosecutor agreed to dismiss the charge upon completion of a firearm safety course and community service.
This outcome spared my client a criminal record and preserved his right to own and carry firearms.
Common Restricted Areas for Concealed Weapon Holders
Even the most responsible gun owners can be caught off guard. Here are examples of restricted places under Florida law:
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Courthouses and government offices where judicial or legislative business is conducted
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Polling places during elections
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Public school campuses and administrative buildings
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Colleges and universities without written authorization
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Athletic events not related to firearms
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Bars and taverns where the main purpose is serving alcohol
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Airport terminals beyond security checkpoints
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Detention centers, police stations, and correctional facilities
Carrying a weapon into these areas, even if by mistake, can result in immediate arrest.
Penalties for Violating Florida Concealed Weapon Restrictions
Violations of concealed weapon restrictions can lead to severe consequences:
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Second-degree misdemeanor – Up to 60 days in jail and a $500 fine
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Third-degree felony – Up to 5 years in prison and a $5,000 fine
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License suspension or revocation – The Department of Agriculture and Consumer Services may revoke your CWL upon conviction
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Permanent firearm possession ban – Certain convictions can lead to loss of firearm rights under federal law
These penalties illustrate why you must take concealed carry restrictions seriously. A single mistake can affect your freedom, finances, and constitutional rights.
Defenses to Concealed Weapon Charges
Every case is unique, but as a Florida Concealed Weapon Defense Lawyer, I often use several defense strategies to fight these charges:
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Lack of Knowledge – The accused did not knowingly enter a restricted location or was unaware the area was prohibited.
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Improper Signage or Notice – The restricted area was not clearly marked or publicly posted.
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Lack of Intent – The weapon was lawfully carried for self-defense and no malicious intent existed.
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Unlawful Search or Seizure – Law enforcement obtained the firearm through an unconstitutional search, violating the Fourth Amendment.
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License Validity – Demonstrating the CWL was valid and the individual complied with all carrying requirements.
These defenses can often result in reduced charges, pretrial diversion, or even dismissal, depending on the facts.
Why You Need a Private Defense Attorney
Public defenders are often overworked and may not have the time or resources to thoroughly investigate your case. A private Florida Concealed Weapon Defense Lawyer can devote focused attention to the facts, evidence, and procedural details that may lead to dismissal or reduced penalties.
I take the time to analyze every angle—from bodycam footage to building signage—to ensure that your rights are fully protected. My goal is not just to defend you but to help you keep your record clean and preserve your rights as a responsible firearm owner.
The Role of Intent and Circumstance
Florida’s firearm laws emphasize intent and context. Prosecutors often look at whether the accused intended to bring a weapon into a restricted place or did so accidentally. Evidence such as cooperation with law enforcement, lack of threats, and no prior criminal history can play a significant role in reducing the severity of charges.
By presenting your case clearly and strategically, your defense lawyer can often persuade the court to consider leniency or dismissal, especially if there was no malicious intent.
How an Attorney Can Challenge Evidence
In many cases, law enforcement officers seize firearms during searches that may violate constitutional protections. A defense lawyer can challenge these searches under the Fourth Amendment, arguing that officers lacked probable cause or exceeded the scope of a lawful search.
If the search was illegal, any evidence obtained—including the firearm—can be suppressed, which often results in dismissal.
Building a Strong Defense Strategy
A skilled defense requires more than legal knowledge. It requires understanding the human side of each case. When I defend clients accused of carrying in prohibited areas, I focus on three main goals:
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Preserve Firearm Rights – Avoid convictions that would revoke your right to carry.
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Protect Your Record – Prevent criminal charges from damaging employment, reputation, or future licensing.
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Resolve Efficiently – Seek dismissal, diversion, or reduced penalties through strategic negotiation.
Education and Prevention
One of the best defenses is awareness. I always encourage clients to review Florida Statute § 790.06(12) regularly, as laws and restrictions can change. Knowing where your CWL does not apply can prevent unnecessary legal trouble.
If you carry a firearm daily, familiarize yourself with the following key principles:
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Always check posted signs at government and educational facilities.
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Remember that private property owners can restrict firearms on their premises.
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Never assume a concealed weapon is permitted just because you hold a CWL.
These proactive steps can protect both your safety and your legal rights.
Real-World Impact: The Human Cost of Misunderstanding the Law
A simple mistake, such as forgetting to remove your firearm before entering an airport or courthouse, can have devastating consequences. Arrest records are public, and even if charges are dismissed, the process can affect employment, security clearances, and community standing.
A private Florida Concealed Weapon Defense Lawyer can help minimize that impact, protect your reputation, and ensure that your rights under both Florida and federal law remain intact.
Call to Action
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 a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 35 office locations throughout Florida and serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Florida Concealed Weapon Defense FAQs
What happens if I accidentally carry my gun into a restricted location?
Even accidental violations can result in criminal charges. Prosecutors do not have to prove intent to convict. However, your defense attorney can show that the act was unintentional, signage was unclear, or you immediately complied once notified. Courts often consider cooperation and good faith mistakes when determining outcomes.
Can I carry a concealed firearm into a restaurant that serves alcohol?
Florida law prohibits carrying a firearm into the portion of an establishment “primarily devoted” to serving alcohol. You may lawfully carry in a restaurant area if your purpose is dining, not drinking, and you avoid the bar section. Always exercise caution and understand the layout of any establishment before entering.
Does my CWL allow me to carry at a school or university?
No. Schools, colleges, and universities are off-limits under § 790.115 and § 790.06(12), unless explicitly authorized in writing. Even having a firearm secured in your vehicle on school property can create legal complications. Always remove or secure your weapon off campus before entering.
What if I am charged but have a clean record and cooperated with officers?
First-time offenders with valid CWLs and cooperative behavior often qualify for diversion or dismissal. Your lawyer can negotiate with the prosecution to resolve the matter without conviction, preserving your rights and record.
Can my concealed carry license be revoked for one violation?
Yes. The Florida Department of Agriculture can suspend or revoke your CWL for any violation of firearm laws. This includes carrying in a restricted area, even if the case results in probation or withheld adjudication. Your attorney can fight to protect your license during administrative proceedings.
What if law enforcement found my firearm during an illegal search?
If officers violated your constitutional rights, your attorney can file a motion to suppress evidence. This means the firearm or other evidence cannot be used against you. Many concealed weapon cases have been dismissed because of unlawful searches.
Do private businesses have the right to ban firearms even if I have a CWL?
Yes. Private property owners and businesses can prohibit firearms on their premises. If you enter despite posted restrictions, you may face trespassing charges. Always respect posted signs and property rules.
Why do I need a private attorney instead of a public defender?
A private attorney can dedicate more time to your defense, gather evidence, challenge police conduct, and negotiate strategically with prosecutors. Firearm-related charges can permanently affect your rights, so having a dedicated defense lawyer is critical to achieving the best result.
Can a concealed carry charge be expunged from my record?
If your case is dismissed or results in a withhold of adjudication, you may qualify for expungement or sealing under Florida law. An attorney can guide you through this process to clear your record and restore your reputation.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation — Speak with a Florida Concealed Weapon Defense Lawyer Today.
Our firm has decades of experience protecting firearm owners throughout Florida. If you are facing charges related to a concealed weapon violation, call 1-888-484-5057 now. We are available around the clock and ready to protect your rights, your record, and your future.
We have over 35 office locations throughout Florida and serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.