How a Florida Gun Carry Defense Lawyer Can Protect Your Record and Freedom

Understanding Florida’s Open Carry Law

Many Floridians lawfully own firearms but find themselves in handcuffs for something as simple as accidentally exposing a holstered weapon while shopping or refueling their car. Under Florida Statutes § 790.053, openly carrying a firearm in most public places is a criminal offense. The law reads:

§ 790.053(1), Florida Statutes:
“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. It is not a violation of this section for a person licensed to carry a concealed firearm to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.”

This statute creates confusion because it allows “brief” exposure of a firearm but punishes what police or prosecutors later decide qualifies as “open carry.” That gray area often leads to wrongful arrests.

As a Florida Gun Carry Defense Lawyer, I’ve seen responsible gun owners face prosecution for innocent mistakes. My job is to prevent those mistakes from ruining their lives.

How People Get Arrested for Open Carry in Florida

Even those with concealed weapon permits can face arrest if the firearm becomes visible, such as when:

  • The wind blows open a jacket revealing a holstered gun

  • The firearm becomes visible while adjusting a seatbelt

  • Someone bends over and their shirt rides up

  • An officer interprets lawful possession as a threat

Police are often quick to make an arrest, even when intent was never to openly display the firearm. Unfortunately, an arrest record alone can damage your reputation, employment, and firearm rights—even if the case is later dismissed.

That’s why having a private defense attorney immediately after an arrest is critical. Quick legal intervention often prevents formal charges or helps secure a pretrial dismissal before the case reaches a jury.

Criminal Penalties for Open Carry in Florida

A violation of § 790.053 is a second-degree misdemeanor, punishable under § 775.082 and § 775.083 as follows:

  • Up to 60 days in jail

  • Up to 6 months of probation

  • Up to $500 in fines

While the penalties may appear minor, the true consequences can be far worse—especially for professionals, teachers, security personnel, or anyone with a concealed carry permit. A conviction creates a permanent criminal record and can lead to suspension or revocation of the permit.

An experienced defense lawyer’s goal is to prevent any conviction, not just minimize penalties.

Defenses Against an Open Carry Charge

The Florida Legislature built important exceptions and defenses into Chapter 790. A good defense lawyer knows how to use them effectively. Below are the most common and successful defenses in these cases.

1. Temporary or Accidental Exposure

Florida law recognizes that brief or accidental exposure is not a crime. If the firearm was only momentarily visible while holstered, that exposure is not a violation under § 790.053.

I often use surveillance video, witness testimony, or police body camera footage to prove the exposure was temporary and lawful. Many of my clients have avoided conviction through this exact defense.

2. Lack of Intent

Intent matters in criminal law. To convict someone of open carry, the state must prove the exposure was knowing and intentional. If a shirt lifted accidentally or a holster was briefly seen without any intent to show the weapon, the conduct is not criminal.

By highlighting lack of intent, a private attorney can often convince prosecutors to drop the charge before trial.

3. Lawful Self-Defense

Florida’s Stand Your Ground Law (§ 776.012) allows lawful defensive display or use of a firearm when a person reasonably believes such force is necessary to prevent death, great bodily harm, or a forcible felony. If the display occurred in the context of lawful self-defense, it is not an open carry violation.

For example, if someone displayed a weapon to stop an approaching threat, that action may be protected under Florida’s self-defense statutes.

4. Exceptions Under § 790.25

Florida law makes several exceptions to the open carry ban. § 790.25(3) allows individuals to carry firearms in certain lawful circumstances, including:

  • Law enforcement officers and military personnel

  • Those engaged in lawful hunting, fishing, camping, or target practice

  • Transporting firearms securely in private conveyances

  • Display during lawful self-defense

If any of these exceptions apply, the conduct is not criminal. An experienced attorney can use these statutory defenses to get a charge dropped before it reaches court.

Real Case Example: Wrongful Arrest, Full Dismissal

A client of mine, a retired Marine with a valid concealed carry permit, was arrested at a gas station after his firearm briefly became visible when he reached across the seat of his truck. The officer charged him with open carry, alleging the weapon was visible and “alarming.”

We obtained surveillance footage showing he never removed the firearm from the holster, never made threats, and the exposure lasted less than two seconds. The State Attorney’s Office dropped all charges before arraignment after reviewing our defense packet and body camera evidence.

That case demonstrates how immediate legal action, factual investigation, and knowledge of Florida’s firearm laws can protect your rights and your record.

Why a Private Defense Attorney Matters

Public defenders often manage heavy caseloads, leaving little time to build a detailed factual defense or negotiate early dismissal. A private defense attorney can:

  • Immediately contact the prosecutor to prevent filing of formal charges

  • Obtain and review body cam or surveillance footage before it’s deleted

  • File motions to suppress evidence obtained through illegal searches or stops

  • Develop a self-defense or statutory exception argument

  • Protect your firearm rights through administrative and court actions

Open carry cases often depend on subtle details. A private attorney ensures those details are brought to light before you suffer a permanent record.

Related Statutes That Often Affect Open Carry Cases

§ 790.06 – License to Carry Concealed Weapon or Firearm
This statute governs concealed carry permits in Florida and explains where and how permit holders can lawfully carry firearms. Violation can result in suspension or revocation of the license.

§ 790.10 – Improper Exhibition of Dangerous Weapons or Firearms
Sometimes police file this charge instead of, or along with, open carry. It punishes displaying a firearm in a “rude, careless, angry, or threatening manner, not in necessary self-defense.” Defending against this charge requires showing there was no intent to threaten or alarm.

§ 790.25 – Lawful Ownership, Possession, and Use of Firearms
This statute outlines exceptions to the open carry prohibition, including lawful recreational and defensive uses. Understanding these exceptions often leads to dismissal or reduced charges.

Fighting for Dismissal or Reduced Penalties

The first goal is dismissal—showing prosecutors there was no crime. If dismissal isn’t possible, a private lawyer can still secure:

  • Pretrial diversion or withholding of adjudication, keeping your record clean

  • Reduction to a non-firearm offense, such as disorderly conduct

  • Negotiated plea avoiding jail and preserving gun rights

Every outcome depends on early, strategic defense planning. That’s why you should never plead guilty or admit wrongdoing before consulting a lawyer who routinely handles firearm arrests.

How I Defend Clients in Open Carry Cases

When I take a case, I immediately:

  1. Review police reports and all video evidence

  2. Investigate whether the officer lawfully detained or arrested my client

  3. Identify any self-defense or lawful exception under Chapter 790

  4. Prepare a written defense packet with legal argument and case law citations

  5. Meet with the prosecutor early to advocate for dismissal

This proactive approach often prevents formal charges or secures pretrial dismissal. In every stage, the goal is not only to beat the charge but to protect your record and your right to lawfully own and carry firearms in the future.

Collateral Consequences of a Firearm Conviction

Even a misdemeanor firearm conviction can have long-term consequences, including:

  • Loss of concealed carry privileges

  • Denial of future firearm purchases

  • Employment or professional licensing issues

  • Damaged personal and professional reputation

These are reasons why it’s critical to have an attorney who understands firearm law, not just general criminal law. A firearm-related arrest can follow you long after the case ends if not handled correctly.

Protecting Your Firearm Rights in Florida

Florida law respects the right to bear arms, but that right can be lost through misunderstanding or overzealous enforcement. The Florida Constitution, Article I, Section 8, guarantees this right, but only if a person remains free of disqualifying convictions.

If you are facing charges, your lawyer must protect not only your criminal record but also your eligibility to possess and carry firearms under both state and federal law. That includes handling administrative consequences through the Florida Department of Agriculture and Consumer Services (which issues carry permits).

How a Florida Gun Carry Defense Lawyer Can Help

As a Florida Gun Carry Defense Lawyer, I focus on more than courtroom arguments. I work to:

  • Stop charges before filing

  • Prevent conviction and record damage

  • Restore firearm rights when suspended or challenged

  • Defend clients in both criminal and administrative hearings

The earlier I’m contacted after an arrest, the better the chance to protect your rights and record.

Florida Firearm Case Defense Success Stories

Over the years, I’ve successfully defended firearm-related charges across Florida—Tampa, Orlando, Miami, Jacksonville, and beyond. In many cases, video evidence, proper investigation, and timely action made the difference between jail and freedom.

For example, in one case from Hillsborough County, my client lawfully displayed a weapon after a stranger aggressively approached him in a parking lot. He was charged with improper exhibition and open carry. After presenting a self-defense argument supported by witness testimony, the case was dismissed.

Each success underscores how knowledge of Florida firearm statutes and real-world evidence can defeat wrongful accusations.

Protect Your Record, Your Rights, and Your Future

If you were arrested or charged under Florida Statutes § 790.053, remember that even a simple misunderstanding can carry serious legal consequences. You deserve representation from an attorney who understands how to fight these cases—and win them.

Florida Gun Carry Defense Frequently Asked Questions

What should I do immediately after being arrested for open carry in Florida?
Do not make statements to police or prosecutors. Politely invoke your right to remain silent and request your attorney. Anything you say may be used against you later. Contact an experienced lawyer immediately so they can request discovery, preserve video evidence, and begin negotiating dismissal before your first court date.

Can I be charged with open carry even if I have a concealed weapon license?
Yes. Florida law requires that firearms be concealed from ordinary view, even for licensed holders. If the firearm becomes visible intentionally or is carried openly without an exception, you can still face charges. However, if exposure was brief or unintentional, a skilled attorney can often prove the display was lawful.

Is accidental exposure of a firearm illegal?
No, not under § 790.053. The statute specifically allows for brief and open display if not intentional or threatening. Many arrests result from misunderstandings. Proper legal defense supported by video evidence often leads to dismissal.

What are lawful exceptions to the open carry prohibition?
Exceptions include lawful hunting, fishing, camping, range practice, and defensive display in lawful self-defense. Carrying a firearm while traveling securely in a private vehicle is also protected. Each exception requires specific proof, which your attorney can establish in court.

Can a conviction for open carry affect my gun rights?
Yes. Any firearm-related conviction can lead to suspension or loss of concealed carry privileges and may disqualify you from owning or purchasing firearms under federal law. Avoiding conviction through dismissal or diversion is critical to preserving your rights.

Can I be charged for simply showing my firearm to another person?
Only if the display was intentional and threatening. Showing a firearm for safety instruction, sale, or lawful display in self-defense is not a crime. The prosecution must prove the display was carried out in a manner likely to cause alarm or constituted open carry outside legal exceptions.

Can a Florida Gun Carry Defense Lawyer help get my case dismissed?
Yes. A defense lawyer experienced in firearm law can present legal arguments based on accidental exposure, lack of intent, or statutory exceptions that often convince prosecutors to drop the case. Many clients never face trial once the defense evidence is reviewed.

What if I was charged along with improper exhibition of a firearm?
Both charges may stem from the same event. Your attorney can challenge the intent and circumstances, arguing that no aggressive or threatening conduct occurred. Many prosecutors agree to dismiss or reduce these charges once self-defense or accidental exposure is shown.

How long does an open carry case take to resolve?
It depends on the jurisdiction, evidence, and whether the case is dismissed before trial. With immediate legal intervention, many cases are resolved in weeks. Others may take several months if motions or hearings are required.

Why is hiring a private defense lawyer so important?
Firearm cases require precision and quick action. A private attorney can collect evidence, contact prosecutors early, and file motions before critical deadlines. The difference between dismissal and conviction often depends on how quickly and thoroughly your defense is built.

Protect Your Rights with a Florida Gun Carry Defense Lawyer

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 criminal or firearm-related offenses. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

With over 35 office locations statewide, we defend clients throughout Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.