Arrested for Carrying in a Prohibited Area? Read This First
If you’ve been charged with carrying a concealed weapon in a prohibited area, I want you to know you’re not alone. As a Florida Improper Exhibition of a Gun Attorney, I have handled many of these cases. The law may sound straightforward, but the truth is that many concealed weapon arrests are based on misunderstandings, unclear signage, or misapplied enforcement by officers. I’ve seen cases where a person lawfully carrying was arrested because of a misread sign or an officer jumping to conclusions.
Florida law permits concealed carry under specific conditions. But even if you have a valid concealed carry license, there are certain places where carrying a firearm is prohibited. These include courthouses, schools, government meetings, and other restricted zones.
However, simply being in one of those areas doesn’t automatically mean you're guilty of a crime. The prosecution has to prove that you knowingly and willfully violated the statute. That’s where a skilled private defense attorney becomes your best line of protection.
What Florida Law Says About Concealed Weapons in Prohibited Areas
Florida law outlines where firearms are banned, even with a valid concealed carry license. The relevant statute is:
Florida Statutes § 790.06(12)(a):
“A license issued under this section does not authorize any person to openly carry a handgun or 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
Any polling place
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
Any college or university facility, unless the licensee is a registered student, employee, or faculty member as provided in s. 790.115
The inside of the passenger terminal and sterile area of any airport
Any place where the carrying of firearms is prohibited by federal law”
Violating this statute is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. But the consequences don’t end there. A conviction can cost you your license, your job, and your reputation.
How We Challenge the Charges
As your Florida Improper Exhibition of a Gun Attorney, my job is to scrutinize every part of the arrest. Just because you were arrested doesn't mean you're guilty. Below are some of the angles I analyze in building your defense.
Step 1: Was There Adequate Signage or Notice?
In many prohibited areas, proper signage is required to warn lawful gun carriers that firearms are not allowed. If the signs were missing, hidden, or poorly placed, I can argue that you had no fair warning. In court, that lack of notice can be the difference between a conviction and a dismissal.
Step 2: Did the Officer Conduct a Lawful Search?
Officers sometimes search individuals without legal justification. If the firearm was discovered as the result of an illegal search, we may file a motion to suppress the evidence. If successful, the case could be thrown out before trial.
Step 3: Was the Weapon Concealed and Secure?
The law distinguishes between improper exhibition and concealed carry. If the weapon remained concealed, was not touched or brandished, and no one was threatened or harmed, we can argue that no criminal conduct occurred.
Step 4: Did You Know the Area Was Prohibited?
This is a key point. The prosecution must prove that you knew you were in a prohibited area. If you were misled by unclear signage or walked into a location not obviously restricted, that’s a defense.
Step 5: Were You Lawfully Authorized to Carry?
If your concealed weapon license was valid at the time of the arrest, I can use that to argue your intentions were lawful and that the charge should be dismissed or downgraded.
Why You Need a Private Attorney for This Charge
Public defenders may care, but they’re overworked and under-resourced. I handle these cases personally, from start to finish. My team files motions early, demands discovery, and challenges weak police reports. That level of preparation often results in reduced charges, diversion programs, or full dismissals.
When you hire a private attorney, you’re getting more than legal representation. You’re getting someone who will protect your job, your license, your name, and your future.
A Real Case I Won: Misidentified Prohibited Zone
One of my clients was arrested after entering a local civic center carrying a legally concealed handgun. There was no clear signage outside the building, and the client was attending a non-government-related event held by a private organization.
The officer who made the arrest claimed the civic center was a government facility. However, we gathered building permits, property deeds, and lease records that showed the space was privately rented during the event. We also obtained security footage showing the absence of warning signs at the entrance.
I filed a motion to dismiss, and the State Attorney's Office dropped the case before it reached trial.
Defenses to Concealed Carry in Prohibited Area Charges
There are several valid defenses that may apply in your case. Each must be tailored to your specific facts.
1. Lack of Notice or Signage
If you were unaware that you were entering a prohibited area, due to missing or unclear signage, you may have a viable defense based on lack of intent.
2. Illegal Search and Seizure
If the firearm was discovered through a search without probable cause, we may be able to suppress the evidence and seek dismissal.
3. License Validity
If you had a valid concealed weapons license, and did not knowingly enter a restricted area, this strengthens your defense.
4. No Criminal Intent
Intent is a required element in these cases. If you didn’t willfully violate the statute, the prosecution may not be able to prove guilt beyond a reasonable doubt.
5. Location Not Covered by Statute
Sometimes police misclassify a location as restricted when it’s not listed in the statute. A careful legal review often exposes these errors.
Other Relevant Florida Gun Statutes
In addition to § 790.06, other Florida laws may come into play:
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§ 790.115 – Possessing or discharging a firearm on school property
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§ 790.10 – Improper exhibition of a firearm
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§ 790.053 – Open carrying of weapons
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§ 776.012 – Use or threatened use of force in self-defense
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§ 790.01 – Unlicensed concealed carry
A full review of your case often includes cross-referencing these statutes to identify inconsistencies or overlaps that may help in your defense.
Why I Fight These Cases So Hard
Gun owners in Florida have rights, but they are under constant scrutiny. Many of my clients had no intention of breaking the law. These arrests often result from a misunderstanding, vague signage, or aggressive enforcement.
As a Florida Improper Exhibition of a Gun Attorney, I work to protect those rights. I understand how quickly a conviction can affect your career, your license, and your freedom. That’s why I prepare each case like it’s going to trial—even if it never gets that far.
Florida Improper Exhibition of a Gun Defense Frequently Asked Questions
What happens if I carry a concealed gun into a bar in Florida?
Florida law prohibits carrying a concealed weapon into any portion of an establishment that serves alcohol for consumption on the premises. Even if you didn’t drink, you can still be charged. However, it must be proven that you entered the restricted area knowingly. If the restaurant had a mixed-use space, that distinction matters. I often investigate the building layout and licensing documents to determine if the State’s allegations hold up.
Can I be arrested for carrying at a college if I’m a student or faculty?
You may be exempt if you're a registered student, employee, or faculty member, but only under limited conditions. Florida Statute § 790.06(12)(a)(12) outlines this exception. Still, if you carried into a prohibited classroom or event, the State may still press charges. I work to determine whether the event or area falls within the scope of the restriction.
What if I didn’t see any warning signs posted?
Lack of signage can be a powerful defense. Many cases fall apart when we show that the defendant had no fair notice. I subpoena security footage, inspect entrances, and photograph posted signs—or the lack of them. If I can show the signage was missing or obscured, we may get the case dismissed.
What are the penalties for carrying in a restricted area?
It’s a second-degree misdemeanor, which carries up to 60 days in jail and a $500 fine. But the consequences can reach beyond court. You may lose your concealed carry license or face professional discipline if you hold a job that requires a clean record. With strong legal representation, many of my clients avoid these penalties altogether.
What if I never pulled out the gun? Can I still be charged?
Yes. The law doesn't require that the weapon be brandished. Simply carrying it into a restricted zone may be enough. However, if it remained concealed and no one saw it, the State may lack evidence. I always examine the probable cause behind the arrest. If the officer lacked legal justification to search or detain you, we may be able to suppress the evidence.
Is this the kind of charge that can get expunged later?
If the charge is dismissed or dropped, you may qualify for expungement. However, if you’re convicted, your record will be permanent and could disqualify you from renewing your license. That’s why fighting it early is critical. A private attorney can often secure a resolution that preserves your clean record and avoids a conviction altogether.
Call our Florida Improper Exhibition of a Gun Attorney Now Before It’s Too Late
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 all of 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.
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