Protecting Your Rights Under Florida's New Open Carry Law While Defending You Against Unlawful Armed Trespass Allegations
The law in Florida regarding the open carry of firearms has changed significantly. As of September 25, 2025, law-abiding adults in Florida are now permitted to openly carry firearms in public, thanks to the Florida First District Court of Appeal's decision in McDaniels v. State. The court ruled that Florida's open carry ban, as outlined in Florida Statute § 790.053, violated the Second Amendment of the United States Constitution.
But while this ruling expanded the rights of law-abiding citizens, it did not eliminate every restriction. Open carry is now legal in many public places, but not all places. And if you misunderstand where you can and cannot carry, you may find yourself facing a third-degree felony charge for armed trespassing.
I defend clients throughout Florida who are arrested while exercising what they believed were their lawful rights. A simple mistake in understanding the limits of the law should not ruin your life. If you're facing an armed trespass or unlawful firearm possession charge, I am ready to protect your rights and challenge the charges head-on.
Understanding the New Open Carry Landscape in Florida
The Florida Legislature historically prohibited the open carry of firearms in public, as codified in § 790.053. However, that statute has now been rendered unenforceable following McDaniels v. State, where the First District Court of Appeal ruled that:
"The Second Amendment protects the right of law-abiding citizens to openly carry firearms in public for lawful purposes."
This means that if you're not a convicted felon, not under legal firearm restrictions, and of legal age, you are now permitted to carry a firearm either openly or concealed in public spaces throughout Florida—within the limits defined by law.
Florida Statute § 790.06(12): Where Open Carry is Still Prohibited
Even with the new rights granted by McDaniels, Florida Statute § 790.06(12) continues to restrict where firearms can be legally carried. You may not carry a firearm, openly or concealed, in the following places:
- Any law enforcement agency, courthouse, or courtroom
- Any polling place
- Any government meeting or legislative hearing
- Any school, college, or university
- Any airport passenger terminal
- Any establishment licensed to dispense alcohol for consumption on the premises
Carrying a firearm in these areas—even if you're legally permitted to carry elsewhere—can result in a felony arrest. The charge is typically "armed trespass," a third-degree felony under Florida Statute § 810.08(2)(c), punishable by up to five years in prison and a permanent felony record.
Florida Statute § 810.08(2)(c) – Armed Trespass
"If the offender is armed with a firearm or other dangerous weapon, the trespass is a felony of the third degree…"
This means even if you carry a firearm legally in a general public space, you may face felony charges if you enter a prohibited location or refuse to leave private property when asked.
The Role of Private Property Owners
Under Florida law, private businesses and homeowners have the right to decide whether firearms are allowed on their premises. If you are carrying, openly or concealed, and are asked to leave but refuse, the situation escalates to armed trespassing.
It doesn't matter if you are licensed or legally permitted to carry. Once a property owner or employee asks you to leave with your weapon and you refuse, you're committing a felony offense.
This is where many of my clients get into trouble. They assume that because they're following state law, they can carry anywhere. But ignoring a no-carry policy on private property can lead to arrest and prosecution.
Florida's Stand Your Ground Law Still Applies—but Misuse Can Lead to Charges
Florida's Stand Your Ground law allows you to use or display a firearm if you reasonably believe force is necessary to prevent imminent harm. But this law is misinterpreted far too often. People wrongly assume that simply feeling uncomfortable or insulted justifies drawing or brandishing a weapon.
Improperly displaying or discharging a firearm can result in charges ranging from improper exhibition of a weapon to aggravated assault with a firearm—both serious offenses that carry prison time.
Understanding when and how Stand Your Ground can lawfully be used requires careful legal interpretation. That's why having a private criminal defense attorney on your side is so important. We don't just react after you're arrested. We prevent you from making legal mistakes in the first place.
Real Case Example: Armed Trespassing Charge Dropped After Private Investigation
A client of mine was lawfully open carrying in a shopping plaza when he stepped into a store with a posted "No Firearms" sign. A clerk asked him to leave. He believed he had a right to stay, refused, and was arrested for armed trespassing.
After reviewing surveillance footage, we were able to show that the signage was not clearly visible from the entrance and that the clerk never verbally asked him to leave with the firearm. With this evidence and a lack of prior record, I negotiated with the State, and the felony charge was dismissed in exchange for community education. No conviction. No jail. No record.
This outcome was only possible because we acted quickly, conducted our own investigation, and challenged assumptions the State had made. Public defenders don't always have the time or resources to fight like that. When your future is on the line, you need someone who will treat your case like it matters—because it does.
Why You Need a Private Criminal Defense Attorney
Gun rights in Florida are expanding, but that doesn't mean the system is fair or forgiving. One mistake, such as stepping into the wrong building with your firearm, one misunderstanding about Stand Your Ground, and you could be facing a felony, loss of rights, or time in prison.
As a private criminal defense attorney, I take your case personally. I'll challenge illegal arrests, push back on weak evidence, and ensure your rights under McDaniels, Florida law, and the U.S. Constitution are fully protected.
If you've been arrested or charged for armed trespassing, unlawful exhibition of a weapon, or improper firearm possession, do not wait. The earlier we get involved, the more we can do.
Florida Firearm and Armed Trespassing Defense FAQs
What changed in Florida's open carry laws in 2025?
On September 25, 2025, Florida's First District Court of Appeal ruled in McDaniels v. State that the state's open carry banviolated the Second Amendment. This means law-abiding adults can now openly carry firearms in most public places in Florida.
Can I open carry anywhere in Florida now?
No. While open carry is now legal in many public areas, it is still prohibited in places listed under Florida Statute § 790.06(12), including government buildings, schools, polling places, and airports. Violating this restriction can result in a third-degree felony charge.
What is "armed trespassing" in Florida?
Armed trespassing occurs when you remain on a property with a firearm after being told to leave or after entering a prohibited area with a firearm. This includes ignoring no-carry signs on private businesses or staying in a location after being told to remove your weapon.
Do private businesses have to post a sign to ban guns?
No. A business owner or employee can verbally ask you to leave or remove the firearm. If you refuse, you can be charged with armed trespassing, even if there's no sign posted.
Is it a felony to accidentally walk into a prohibited location with a firearm?
Yes, if you remain in the location after realizing it's prohibited, or if you were aware of the prohibition and entered anyway. Prosecutors may still charge the offense even if your mistake was honest. That's why it's important to seek legal help immediately.
How serious is a third-degree felony in Florida?
A third-degree felony carries up to 5 years in prison, 5 years probation, and a $5,000 fine. It also means a permanent felony record, which can affect your employment, firearm rights, and civil rights.
Can Stand Your Ground be used to justify pulling a weapon during an argument?
No. Florida's Stand Your Ground law only applies when you reasonably believe you're in danger of imminent bodily harm. If you draw your weapon too early, or in a situation that doesn't justify it, you can be charged with improper exhibition or even aggravated assault.
Can I be charged even if I didn't brandish or use the gun?
Yes. Simply possessing a firearm in a prohibited location or refusing to leave private property with it can result in arrest and charges. Use or display of the weapon adds further legal risk.
How do I fight an armed trespassing charge in Florida?
Defenses may include a lack of clear signage, a lack of verbal notice, an absence of intent, or a mistaken belief about the legality of carry. Your attorney can also challenge the probable cause behind the arrest or the constitutionality of the search.
What should I do if I was arrested for armed trespass in Florida?
Do not answer questions from law enforcement. Call a private criminal defense attorney immediately. Preserve any communication, video, or witness information. The right legal defense can make the difference between a conviction and dismissal.
Call a Florida Open Carry and Armed Trespass Defense Attorney Today
If you've been charged for carrying a firearm in a prohibited area, or if you're unsure about your rights under Florida's new open carry law, I'm here to help.
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 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.