Understanding Your Rights and Avoiding Criminal Charges After Florida’s Evolving Firearm Laws

As a Florida criminal defense attorney with years of experience handling firearm-related charges across the state, I’ve seen firsthand how quickly a lawful gun owner can find themselves in serious legal trouble. The recent shifts in Florida’s approach to open carry laws—particularly following the ruling in McDaniel v. State—have created confusion among responsible gun owners who believe they’re complying with the law but still get arrested, charged, and face life-altering consequences.

If you’re reading this, you’re likely trying to protect your rights, your record, and your freedom. And you’re right to be cautious. Florida’s gun laws are far from straightforward. What seems like a lawful display of a weapon may, in fact, lead to felony charges—especially if it occurs in the wrong place or is perceived as threatening.

Let me walk you through what you must understand, what you must never do in public while carrying, and how I’ve successfully defended clients facing gun-related charges under Florida law.

What the Law Says About Open Carry in Florida

Florida is not an open carry state in the traditional sense. According to Florida Statutes § 790.053, open carry of firearms is generally prohibited:

§ 790.053(1) – "Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."

There are very limited exceptions, such as:

  • Hunting, fishing, or camping

  • Law enforcement personnel

  • People at a gun range or participating in training

  • Traveling to or from such activities

However, even within these exceptions, law enforcement officers can and often do arrest individuals based on their interpretation of whether the display was “open” or not, or whether the person was actually “engaged” in the activity at the time.

And here’s where things get even more complicated.

Florida’s 2025 Ruling: McDaniel v. State

In McDaniel v. State, the Florida Supreme Court held that briefly and unintentionally exposing a concealed firearm is not a criminal act. This ruling clarified that mere exposure, without intent to threaten or intimidate, doesn’t automatically violate § 790.053.

But don’t be fooled into thinking this means you can carry your firearm openly at will.

This ruling offers limited protection and applies narrowly to scenarios where a concealed weapon is unintentionally exposed—like if your shirt rides up or you bend over. It does not legalize general open carry, and it certainly doesn’t shield you from arrest if an officer believes your display was intentional, aggressive, or unnecessary.

Dos and Don’ts of Carrying a Firearm in Public in Florida

As your attorney, I want to be clear: even if you lawfully possess a firearm, poor judgment in public can still result in criminal charges. Here are some critical things to keep in mind:

DO:

  • Keep your weapon properly concealed if you are carrying under a concealed weapons permit.

  • Store your firearm securely in your vehicle according to Florida Statute § 790.25(5), which allows law-abiding individuals to carry a securely encased weapon in their car, even without a permit.

  • Respect signage—businesses can ban firearms on their premises, and refusing to comply could result in trespassing charges.

DO NOT:

  • Expose your weapon intentionally, even to “adjust” it or show it to a friend in public.

  • Openly carry at protests, public gatherings, or any area where emotions are high—this creates confrontation risks and police scrutiny.

  • Carry your firearm into schools, government buildings, courthouses, bars, or airports. These are all restricted areas under Florida Statute § 790.06(12).

What Happens If You’re Arrested for Open Carry?

If you're arrested, the charge may be a second-degree misdemeanor under § 790.053—but depending on the circumstances, it can escalate quickly. For example, if law enforcement believes you were brandishing the weapon in a threatening manner, you could be charged under § 790.10, which criminalizes “improper exhibition of a dangerous weapon,” a first-degree misdemeanor.

Worse yet, if the officer believes you intended to intimidate someone, you could face felony charges for aggravated assault with a deadly weapon under § 784.021—a very serious offense with a potential prison sentence.

Why You Need a Private Florida Open Carry Defense Attorney

Public defenders are often overworked and under-resourced. When it comes to firearm-related charges, your entire future is at stake—your right to own weapons, your career, your freedom. You need someone who has handled these cases before, who knows how Florida law enforcement and prosecutors operate, and who can challenge unlawful stops, improper evidence, and constitutional violations.

As a private criminal defense attorney, I have the time, strategy, and courtroom experience to dissect your case and protect your rights. I’ve successfully argued motions to dismiss based on unlawful search and seizure, challenged ambiguous police reports, and cross-examined officers on the stand with precision.

Real Case Example: Arrest Dismissed for Improper Open Carry Charge

I recently represented a young man in Orlando who was arrested for open carrying while walking to a fishing spot. He had his handgun holstered on his hip, visible to nearby pedestrians. An officer, believing the weapon was carried unlawfully, detained and arrested him under § 790.053.

We proved the client was en route to a lawful fishing activity and had every legal right to carry openly under the exception in § 790.25(3)(h). The arresting officer failed to investigate or document that the client was carrying fishing gear, despite its presence in the patrol car during the arrest.

I filed a motion to dismiss based on lack of probable cause and presented evidence of selective enforcement. The judge dismissed the charge outright.

Had the client relied on a court-appointed attorney with too many files and too little time, this charge may have stayed on his record, potentially costing him job opportunities and his firearm rights.

Potential Defenses to Florida Open Carry Charges

Every case is different, but here are some defenses I frequently use to fight open carry allegations:

  • Constitutional Challenge – Illegal stop or search in violation of your Fourth Amendment rights.

  • Statutory Exception – Proving you were engaged in an exempted activity (e.g., hunting, fishing, camping).

  • Lack of Intent – In cases of accidental exposure, especially after McDaniel, we can argue there was no criminal intent.

  • Improper Venue or Notice – If the location was not properly marked or restricted under Florida law.

Florida Firearm Statutes You Should Know

Here are a few of the key statutes that apply in open carry-related cases:

  • § 790.053 – Open Carrying of Weapons

  • § 790.06(12) – Prohibited Places for Concealed Weapons

  • § 790.25 – Lawful Ownership, Possession, and Use of Firearms

  • § 790.10 – Improper Exhibition of a Dangerous Weapon

  • § 784.021 – Aggravated Assault with a Deadly Weapon

Each of these laws contains gray areas. And police don’t always get it right.

Consequences of a Conviction

Even a misdemeanor firearm conviction can follow you for life. You could face:

  • Jail time (up to 1 year for improper exhibition)

  • Probation

  • Permanent criminal record

  • Revocation of your concealed carry license

  • Loss of employment or professional licenses

  • Immigration consequences if you're not a U.S. citizen

I’ve had clients arrested for simply trying to protect themselves—people with no prior record, no bad intentions—just caught in the wrong place at the wrong time.

Why You Should Never “Explain Yourself” to Law Enforcement

If you’re stopped while carrying a firearm—even if you think you’ve done nothing wrong—do not try to talk your way out of it. Many of my clients unintentionally incriminate themselves by offering explanations that officers twist or misquote.

Instead, politely invoke your right to remain silent and tell the officer, “I would like to speak with my attorney.” Then call me immediately.

Florida Open Carry Defense Attorney – FAQs

What should I do if I accidentally expose my concealed weapon in public?
If your firearm is accidentally exposed—say your shirt lifts when you reach for a shelf—this is not a crime under McDaniel v. State, so long as there’s no intent to intimidate. If law enforcement confronts you, comply respectfully and don’t volunteer information. You still need a lawyer if you're arrested.

Is open carry legal during protests or political rallies in Florida?
No. Even if you have a concealed carry permit, you cannot openly carry firearms at public demonstrations, parades, or rallies. Doing so can lead to charges under Florida’s public safety and disorderly conduct laws. If you’re arrested at a protest, call a criminal defense attorney immediately.

Can I legally transport my firearm in my car without a permit?
Yes, under § 790.25(5), Florida law allows law-abiding adults to carry a firearm in their vehicle without a permit as long as it is “securely encased” and not readily accessible for immediate use. A glovebox, closed center console, or snapped holster meets the requirement.

What should I do if a business has a “No Firearms” sign?
While private businesses have the right to ban firearms, violating such a policy isn’t automatically a crime unless you refuse to leave when asked. That said, you could be charged with trespass if you remain after being asked to disarm or exit. Be smart—don’t risk your record over a misunderstanding.

Can I open carry while walking to a hunting or fishing spot?
Yes, if you're actively engaged in hunting, fishing, camping—or on your way to or from such activity—§ 790.25(3)(h) provides a statutory exception. But be prepared to prove your activity. Keep your fishing rod or hunting gear visible. Officers don’t always ask—they often just arrest.

What happens if I’m charged with aggravated assault just for having a visible firearm?
This is more common than you might think. If someone reports feeling threatened—even if you never drew your weapon—you can be charged. That’s why I aggressively challenge intent, eyewitness reliability, and video evidence. These cases are defensible with the right attorney.

Florida Open Carry Defense Attorney – Call Us Today

If you’ve been arrested or charged for open carry or any firearm-related offense in Florida, the time to act is now. These charges carry serious penalties and lasting consequences—but with the right legal defense, you may be able to get your case dismissed, your record cleared, or your charges reduced.

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 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.