Protecting Your Rights With An Experienced Florida Gun Carry Defense Lawyer
Florida’s gun laws have always sparked strong opinions, but 2025 marked one of the most dramatic shifts yet. After years of public debate and inconsistent enforcement, the combination of McDaniels v. State and legislative reforms effective July 1, 2025, redefined what it means to legally carry a firearm in public. These updates now affect nearly every concealed weapons permit holder and gun owner in Florida.
As a Florida Gun Carry Defense Lawyer, I’ve represented countless men and women who thought they were following the law—only to find themselves in handcuffs. The confusion surrounding open carry, “display,” and vehicle transport can easily lead to an arrest. My role is to keep those mistakes from turning into a criminal record.
Understanding The Law Before And After 2025
For decades, Florida Statute § 790.053 prohibited open carry, stating:
“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.”
Violations were charged as second-degree misdemeanors, carrying up to 60 days in jail, six months of probation, and a $500 fine.
However, there were narrow exceptions under § 790.25(3)—for example, while hunting, fishing, camping, or traveling to and from those activities. This limited protection caused endless confusion because police officers often arrested citizens who believed they were within those exceptions.
The 2025 legislative update sought to clarify when a person with a valid concealed carry license—or lawful possession under permitless carry—may “momentarily and inadvertently” expose a firearm without criminal liability. Lawmakers also modified § 790.06(12) to align with the Florida Supreme Court’s interpretation in McDaniels v. State.
The Case That Changed Everything: McDaniels v. State (2025)
In McDaniels v. State, the Florida Supreme Court reviewed whether a licensed gun owner could be convicted for “open carry” when his holstered weapon became visible while exiting his vehicle at a gas station. The Court ruled that the incidental, non-threatening exposure of a firearm is not a criminal act when there is no intent to “brandish” or threaten others.
The decision emphasized that lawful possession and lack of intent to intimidate are key factors. The ruling forced prosecutors statewide to reassess thousands of pending or prior open-carry-related charges.
This case also pushed legislators to rewrite Florida’s carry laws to protect lawful carriers who accidentally reveal their weapon, while maintaining penalties for those who carry irresponsibly or display firearms during disputes.
Key 2025 Legislative Changes To Florida’s Carry Laws
The Legislature responded by revising both § 790.053 and § 790.06, creating more precise definitions for “openly carry,” “display,” and “inadvertent exposure.”
Highlights include:
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Redefined Exposure – Brief or accidental visibility of a firearm by a licensed or lawful carrier is no longer considered open carry.
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Public Conduct Clause – Displaying a firearm in a threatening or careless way remains punishable under § 790.10, Florida’s “Improper Exhibition” statute.
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Vehicle Transport Clarity – The 2025 amendments codified the right to have a securely encased firearm within a private vehicle, regardless of permit status, under § 790.25(5).
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Preemption Enforcement – Local governments are expressly barred from passing ordinances that conflict with state firearm statutes.
For responsible gun owners, these changes bring long-needed relief. Yet they also increase the complexity of what police and prosecutors consider “lawful exposure.” A misunderstanding can still lead to arrest, especially in public settings like parking lots, gas stations, and beaches.
When A Lawful Gun Owner Still Gets Arrested
Even with the 2025 clarifications, officers sometimes misinterpret the law. I’ve defended clients arrested because someone called 911 after glimpsing a holstered pistol, even when that person held a valid concealed carry permit.
In one recent case I handled, my client—an off-duty nurse—was lawfully carrying while shopping. Her jacket lifted as she reached for her wallet, revealing her sidearm. Another shopper panicked, and police charged her with “open carry.”
After filing a motion to dismiss under § 790.053 as amended, I presented surveillance footage showing the gun was never handled or displayed threateningly. The court agreed the exposure was accidental and dismissed the charge before trial. Without a private defense lawyer experienced in firearm law, she could have been convicted, jeopardizing her nursing license and professional standing.
How A Florida Gun Carry Defense Lawyer Can Protect You
Many people think that if they “just explain what happened,” the problem will go away. Unfortunately, any statement made to law enforcement can be misinterpreted. Once you’re charged, the prosecution builds a record designed to secure a conviction.
As your Florida Gun Carry Defense Lawyer, I can:
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Challenge probable cause for the arrest under McDaniels v. State and the 2025 statutory language.
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File motions to suppress if the search or seizure of your firearm violated the Fourth Amendment.
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Negotiate dismissal or diversion programs when evidence shows lack of intent or accidental exposure.
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Advocate for record sealing or expungement if the charge is dismissed.
An experienced attorney ensures that one misunderstanding does not define your future.
Understanding Florida’s Related Gun Statutes
§ 790.06 — License To Carry Concealed Weapons Or Firearms
This section authorizes concealed carry for qualified citizens and was modified to reflect new open-carry definitions. It now clarifies:
“A license issued under this section does not authorize the open carrying of a firearm, except to the extent that such firearm is briefly and inadvertently displayed to the ordinary sight of another person.”
§ 790.10 — Improper Exhibition Of Dangerous Weapons Or Firearms
“If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon, in the presence of one or more persons, exhibits the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, such person commits a misdemeanor of the first degree.”
§ 790.25 — Lawful Ownership, Possession, And Use Of Firearms
This statute provides general protections for lawful possession and activities such as target practice, hunting, and self-defense. It also reaffirms Florida’s preemption of local gun regulations.
These provisions work together, and a defense attorney must understand their overlap to protect clients effectively.
Defenses To An Open Carry Or Display Charge
The right defense depends on the facts, but several key arguments commonly lead to dismissal:
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Inadvertent Exposure – The firearm became visible accidentally and briefly, consistent with McDaniels v. State and § 790.053 as amended.
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Lawful Activity Exception – The person was lawfully engaged in hunting, fishing, camping, or traveling directly to or from those activities under § 790.25(3).
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Lack Of Intent To Threaten – There was no willful or threatening exhibition of the firearm, defeating a § 790.10 charge.
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Constitutional Violation – The search or stop lacked probable cause, making any discovered evidence inadmissible.
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Self-Defense Display – The display occurred during a lawful act of self-defense consistent with § 776.012.
A skilled defense lawyer can identify which of these applies and present it effectively before the court or state attorney’s office. Private counsel also ensures any dismissal is properly sealed, preventing it from appearing on background checks.
Real Case Example: Concealed Carrier Wrongly Accused Of Improper Exhibition
A client in Sarasota was leaving a restaurant when his firearm, holstered under his shirt, became visible as he reached into his car. Another patron reported “a man flashing a gun.” Police arrested him for Improper Exhibition under § 790.10.
We obtained surveillance footage showing no threatening gestures. I also called a use-of-force expert to testify that his conduct was consistent with safe holstered carry. The prosecutor ultimately dismissed the case before trial.
That dismissal preserved his concealed carry rights, saved his professional license, and prevented a permanent criminal record. Without immediate representation, that same event could have resulted in jail time and revocation of his firearm rights.
How The 2025 Changes Affect Concealed Carriers
The 2025 laws bring both protection and responsibility. Concealed carriers now benefit from statutory recognition that brief exposure is not a crime, yet the law still imposes severe penalties for reckless display or carrying in prohibited places such as courthouses, schools, and government buildings.
Even with these updates, misunderstanding the nuances can lead to arrest. Law enforcement officers may still detain and question you if someone reports seeing a firearm. Having my office’s number saved in your phone is one of the best safeguards a gun owner can have.
Penalties For Violations
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Open Carry (§ 790.053) – Second-degree misdemeanor, up to 60 days in jail, 6 months probation, and $500 fine.
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Improper Exhibition (§ 790.10) – First-degree misdemeanor, up to 1 year in jail, 12 months probation, and $1,000 fine.
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Carrying In Prohibited Places (§ 790.06(12)(a)) – Second-degree misdemeanor.
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Repeat Offenses Or Enhancements – May trigger weapon forfeiture or revocation of concealed carry privileges.
While many of these penalties sound minor, any conviction creates a permanent criminal record visible to employers and licensing boards. My goal in every case is to avoid any conviction entirely.
Why You Need A Private Attorney, Not A Public Defender
Gun cases require time, research, and familiarity with constitutional defenses. Public defenders handle hundreds of files at once, leaving little room for the detailed preparation these cases demand.
A private defense lawyer can:
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Conduct a full forensic review of police body-camera footage.
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Examine dispatcher audio and witness statements to reveal inconsistencies.
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Identify whether officers violated constitutional rights during detention.
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File for early dismissal or suppression before trial.
At Musca Law, every open carry and firearm-related case is personally analyzed for strategic opportunities. Our firm has secured hundreds of dismissals across Florida through diligent investigation and aggressive advocacy.
Practical Steps If You Are Arrested Or Detained For Open Carry
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Do not argue or resist. Calmly inform officers that you will exercise your right to remain silent.
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Request legal counsel immediately. Any statement can be used against you later.
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Do not consent to a search beyond what is legally required.
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Contact Musca Law 24/7/365 and speak directly with a defense attorney familiar with firearm statutes.
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Preserve evidence. Save witness contact information, security footage, and photographs of your holster or carry setup.
Prompt legal help can make the difference between an embarrassing misunderstanding and a lifelong criminal record.
Florida Gun Carry Defense Frequently Asked Questions
What did McDaniels v. State actually decide?
The Florida Supreme Court held that accidental and non-threatening exposure of a firearm by a lawful carrier does not constitute open carry. The Court reasoned that intent matters; a brief, incidental view of a holstered weapon is not criminal. This decision shaped the 2025 legislative updates and now protects law-abiding citizens from unfair prosecution.
Does permitless carry mean I can open carry in Florida?
No. Even after the 2025 reforms, open carry remains generally prohibited. Permitless carry allows concealed possession without a license, but the firearm must remain concealed except for brief accidental exposure. The only open-carry exceptions remain those listed under § 790.25(3), such as while hunting or fishing.
If I’m arrested for open carry, will I go to jail?
An arrest does not automatically mean jail time, but it can lead to booking, court appearances, and possible probation if convicted. With an experienced Florida Gun Carry Defense Lawyer, many cases are dismissed once evidence shows lawful possession or accidental exposure.
Can a conviction for open carry affect my concealed carry rights?
Yes. A misdemeanor conviction can result in suspension or revocation of your concealed carry privileges and appear on background checks. That is why defending the case aggressively—and seeking dismissal or expungement—is essential.
What if I displayed my firearm during an argument?
If the display was meant to threaten, prosecutors may charge you under § 790.10 for Improper Exhibition. However, if you displayed the weapon in lawful self-defense and did not act recklessly, you may assert statutory defenses under § 776.012. Each situation depends on context and intent, which your attorney will evaluate.
Are there new locations where carry is prohibited under the 2025 changes?
The Legislature reaffirmed existing restrictions in schools, courthouses, detention facilities, and government meetings. It also added limited firearm restrictions to certain publicly permitted events when local law enforcement has secured the area. Always confirm before carrying in new environments.
Can police seize my gun during an open-carry investigation?
They can temporarily seize it for officer safety, but long-term confiscation requires lawful grounds. If your firearm is held after charges are dismissed, your attorney can file a motion for return of property under Florida Rules of Criminal Procedure 3.850 or a separate civil action.
How can I clear my record if charges are dropped?
Florida law allows expungement or sealing if your case was dismissed, nolle prossed, or resulted in a not-guilty verdict. A lawyer can file the necessary petition and coordinate with FDLE to remove the record from public view.
Why is hiring a private Florida Gun Carry Defense Lawyer better than handling it myself?
Because even one wrong statement or plea can create a permanent record that affects firearm rights nationwide. A private attorney ensures that your case receives immediate attention, strategic motion practice, and personal communication—things that are rarely possible when you represent yourself.
Call A Florida Gun Carry Defense Lawyer Today
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a statewide team of seasoned criminal defense attorneys dedicated to protecting your rights if you have been accused of an open carry or firearm offense. We defend clients in every Florida county, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
If you are facing charges under Florida’s firearm statutes—or simply uncertain whether your carry method is legal—call now. We are available day and night to safeguard your freedom, your record, and your future.