Where Concealed Carry Is Still Illegal in Florida
As a Florida open carry defense lawyer, I’ve represented countless responsible gun owners who suddenly found themselves facing criminal charges simply because they unknowingly carried a firearm into a restricted area. Florida’s firearm laws are strict, and even honest mistakes can lead to arrest, loss of your concealed carry license, and possible jail time.
Under Florida Statute § 790.06(12), there are specific locations where concealed carry is prohibited — even for those with valid concealed weapon or firearm licenses. What makes these laws complicated is that many restricted locations overlap with places where everyday life happens — schools, government buildings, and even parts of restaurants.
In the following sections, I’ll go through each restricted area listed in the statute, explain why people accidentally violate it, and discuss how an experienced defense lawyer can help fight these charges or minimize the damage.
1. Courthouses and Courtrooms
Florida Statute § 790.06(12)(a) 1 explicitly prohibits carrying a concealed weapon or firearm “in any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; or any courthouse.”
This section is one of the most common sources of accidental violations. Many citizens forget that courthouse lobbies, parking structures, or clerk’s offices are all included. Even if you are simply there to file a marriage license or pay a traffic ticket, carrying your firearm into that building — even if it’s holstered and concealed — violates the law.
Defenses:
A defense may be available if the firearm was left in a locked compartment of your vehicle, or if there was no intent to “carry” it into the restricted area. Additionally, if law enforcement conducted an unlawful search without probable cause, suppression of the firearm evidence may be possible under § 933.07 and the Fourth Amendment.
As a defense attorney, I have successfully argued that a client who left his handgun locked in his glove box while walking into the courthouse for jury duty did not “carry” the firearm into the restricted area under the meaning of the statute. The charge was dismissed.
2. Police, Sheriff, and Highway Patrol Stations
The same subsection forbids firearms “in any police, sheriff, or highway patrol station.”
Many people are unaware that this includes adjoining administrative offices and certain public parking lots. For example, walking into a sheriff’s substation to request an accident report while armed can lead to criminal charges under this section.
Possible Defenses:
An accidental violation defense can be raised if you were unaware the building housed a law enforcement facility or if signage was absent. Additionally, Florida law recognizes lack of willful intent as a mitigating factor in firearm-related misdemeanors.
3. Detention Facilities and Jails
Florida Statute § 790.06(12)(a) 2 bans firearms “in any detention facility, prison, or jail.”
Even licensed bail bondsmen, transport contractors, and other professionals are often charged when entering jail lobbies or intake areas. The intent behind this restriction is public safety and control of weapons in high-risk environments.
Legal Defense Options:
If the firearm was stored in a locked vehicle outside the facility or if a law enforcement officer failed to provide adequate notice that entry was restricted, the case may be defensible. I’ve handled cases where a citizen accompanying a family member to visitation mistakenly entered a marked security area. Because the firearm was unloaded and not brandished, the prosecutor agreed to dismiss the charge after pretrial intervention.
4. Schools, Colleges, and School Administration Buildings
One of the most misunderstood parts of § 790.06(12)(a) 3 states that concealed carry is illegal “in any school, college, or professional athletic event not related to firearms.”
This includes K-12 schools, universities, and even certain parking areas. Even if you have a concealed carry license, possessing a firearm on school property — including in your car if you step out — can lead to felony charges under § 790.115.
Common Accidental Violations:
Many working parents forget their firearm is in their glove box when picking up or dropping off children. Others get charged while attending after-hours school events or voting in a school gym.
Defenses:
There are exceptions for firearms kept securely inside private vehicles when the firearm is not handled or exposed. A skilled defense lawyer can argue lack of criminal intent or reliance on unclear signage.
In a recent case, I represented a Navy veteran charged after driving onto a school campus with a holstered handgun in his center console. After presenting evidence that he never exited the vehicle and had no intent to possess on campus grounds, the State dropped the charge.
5. Bars and Establishments Serving Alcohol
Subsection § 790.06(12)(a) 12 prohibits carrying a concealed firearm “in any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises.”
This rule does not always ban firearms from the entire building — for example, you may lawfully carry in a restaurant’s dining area if the primary business is food service. But carrying a firearm at or beyond the bar area can still result in arrest.
Common Issues:
Many licensed carriers face charges after attending social events or dining in restaurants with mixed-use licenses. Even stepping across a threshold separating a dining area from a bar may constitute a violation.
Possible Defenses:
An experienced attorney can challenge whether the establishment’s “primary purpose” was alcohol sales, which determines if § 790.06(12) applies. Additionally, the lack of signage or misleading layout may support dismissal or reduction.
6. Airports and Passenger Terminals
Florida Statute § 790.06(12)(a) 14 prohibits firearms “in any passenger terminal and sterile area of any airport.”
Even concealed carry permit holders are subject to arrest if found with a firearm in these zones, though transportation of unloaded firearms in checked luggage is permitted under federal law.
Defenses and Context:
If a traveler mistakenly leaves a firearm in carry-on luggage or forgets to declare it, defense strategies often focus on lack of intent, cooperation with TSA, and clean criminal history.
I represented a business traveler at Orlando International Airport who inadvertently carried a compact pistol in his laptop bag. By providing proof of licensure and cooperation, we negotiated a dismissal through pretrial diversion.
7. Government Meetings and Legislative Sessions
According to § 790.06(12)(a) 8, carrying a concealed weapon is prohibited “in any meeting of the governing body of a county, public school district, municipality, or special district; or any meeting of the Legislature or committee thereof.”
Citizens who attend city council meetings or legislative sessions often forget this restriction.
Why It Matters:
Security screenings at these meetings often uncover concealed firearms, resulting in criminal citations. These charges carry the risk of losing your concealed carry license.
Defense Possibilities:
If your firearm was discovered during a screening you voluntarily attended or if you immediately disclosed your firearm to law enforcement, those facts may support leniency or dismissal. Judges often view transparency as mitigating conduct.
8. Polling Places
Under § 790.06(12)(a) 7, firearms are banned “in any polling place.”
This restriction exists to prevent intimidation and maintain order during elections. However, confusion arises when polling locations are set up in multi-use buildings such as churches or community centers.
Defenses:
A defense lawyer can argue lack of notice if the firearm was possessed outside the designated polling area or if signage was unclear. For instance, entering a church for Sunday service while carrying, unaware it’s temporarily serving as a polling station, may not meet the intent requirement.
9. Athletic Events and Stadiums
The statute also bans firearms “at any school, college, or professional athletic event not related to firearms.”
This means a licensed gun owner attending a football or basketball game — even with valid credentials — cannot bring a firearm inside. However, firearm-related events such as shooting competitions are exempt.
Common Defense:
Misunderstanding or lack of notice may apply, particularly for multi-purpose venues. It’s also possible to argue constitutional challenges under the Second Amendment and Article I, Section 8 of the Florida Constitution if enforcement was discriminatory or selective.
10. Any Place of Nuisance as Defined in § 823.05
Florida Statute § 823.05 defines a “place of nuisance” as any location used for illegal gambling, prostitution, or controlled substance activity. Carrying a firearm in such a location violates § 790.06(12)(a) 1.
These cases are rare but serious. Prosecutors often combine them with drug or vice charges.
Defense Options:
If you were lawfully present and unaware of the unlawful activity, you cannot be convicted under this section. Proving lack of intent and lawful purpose for being at the location is central to defense strategy.
11. Other Restricted Locations
Florida Statute § 790.06(12) also includes:
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Polling places during elections.
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School administration buildings.
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Facilities of the Florida Department of Children and Families.
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Any portion of an establishment licensed to dispense alcohol for consumption on premises.
These areas remain sensitive and heavily enforced. Even lawful carriers must exercise care and awareness.
Penalties for Violating § 790.06(12)
Violating Florida’s concealed carry location restrictions is a second-degree misdemeanor, punishable under § 775.082 and § 775.083 by up to 60 days in jail and a $500 fine. More importantly, the Department of Agriculture may suspend or revoke your concealed weapon license.
Repeated or aggravated violations may lead to permanent disqualification from future licensure.
Real Case Example: Charges Dismissed for Client at Miami Courthouse
I once represented a small business owner from Miami who carried a concealed handgun into a courthouse complex without realizing that the clerk’s office shared the same entrance as the judicial wing. He was arrested at the security checkpoint and charged under § 790.06(12)(a) 1.
After reviewing surveillance and cross-examining the arresting deputy, we showed that the signage was partially obscured and that my client had immediately disclosed his firearm when asked. The judge found no criminal intent and dismissed the case outright.
This outcome illustrates how a defense attorney can protect your record and your right to carry responsibly.
Why You Need a Private Attorney
Every section of § 790.06(12) carries hidden traps for responsible gun owners. A private attorney can:
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Challenge the legality of the search or seizure under Florida and federal law.
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Demonstrate lack of criminal intent or misunderstanding of signage.
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Pursue diversion programs that preserve your concealed carry rights.
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Negotiate with prosecutors for reduced penalties or dismissals.
Without experienced representation, a single mistake can cost your license and expose you to criminal penalties.
As a Florida open carry defense lawyer, I’ve handled dozens of these cases, and I know how to fight back effectively — in court and in front of the Florida Department of Agriculture, which oversees license revocations.
Defenses to Concealed Carry Location Charges
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Lack of Criminal Intent – The defendant did not knowingly or willfully enter a restricted area while armed.
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Unlawful Search and Seizure – The firearm was discovered during an unlawful or pretextual search.
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Vehicle Exception – The firearm was secured in a locked compartment of a private vehicle.
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Notice Failure – The area was not clearly posted or identified as restricted.
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Constitutional Challenge – Application of the restriction violated equal protection or due process.
Each case is unique, and results depend on facts, surveillance, and witness statements. Proper defense requires a detailed analysis of your actions and the officer’s conduct.
Florida Open Carry Law FAQs
What if I accidentally carry my gun into a courthouse or school parking lot?
Accidental possession in restricted areas is one of the most common firearm offenses in Florida. Prosecutors must prove that you “knowingly and willfully” carried the weapon into the location. If you immediately disclosed your firearm, cooperated with authorities, or the weapon was stored in your vehicle, your lawyer may be able to have the charge dismissed or reduced. Florida courts have repeatedly recognized that intent matters under § 790.06(12). Always contact a Florida open carry defense lawyer before making statements to law enforcement.
Can I carry a concealed weapon into a restaurant that serves alcohol?
Yes, but only in areas where alcohol is not primarily served. Florida law prohibits firearms “in any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises.” This means you may legally carry in a dining area but not at the bar. However, each establishment’s license classification matters, so it’s best to verify before entering. If arrested, your attorney can argue that the location’s main business was food service, not alcohol consumption.
What happens if I bring a firearm to an airport by mistake?
TSA and state authorities take airport firearm incidents seriously. You could be charged under both state law and federal regulations. However, prosecutors often accept pretrial diversion when the firearm was lawfully owned and the traveler cooperated. A defense attorney can demonstrate lack of intent and a clean criminal history, which often results in dismissal and avoidance of a permanent record.
Are guns allowed in church or private property that also hosts polling locations?
Churches are generally private property, and firearm policies depend on ownership consent. However, when the church doubles as a polling place during elections, § 790.06(12) makes possession illegal in the designated polling area. Your lawyer may challenge whether you were inside that defined space or merely on adjacent property. A Florida open carry defense lawyer can help clarify boundaries and fight improper charges.
Can I lose my concealed carry license for violating § 790.06(12)?
Yes, even a misdemeanor conviction can trigger license suspension or revocation. The Department of Agriculture reviews all firearm-related convictions. A dismissal or withheld adjudication obtained by your attorney can protect your record and preserve your rights. Immediate legal intervention is crucial to avoid automatic reporting that could block your ability to renew or appeal.
How can a defense lawyer help if I’m charged with violating restricted carry zones?
Your attorney can evaluate whether officers had lawful grounds to detain or search you, verify if signage and boundaries were clear, and present mitigating evidence of intent. In many cases, early intervention allows negotiation for dismissal or diversion before the charge harms your record. Experienced counsel can also represent you before licensing authorities to prevent further administrative penalties.
Charged with Carrying a Firearm in a Restricted Area? Contact a Florida Open Carry Defense Lawyer Now
If you are accused of violating Florida’s concealed carry restrictions or were arrested for possessing a firearm in a prohibited location, time is critical. These cases can damage your record, your rights, and your reputation.
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 firearm, criminal, or traffic offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. With more than 35 office locations throughout Florida, we serve every county — including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.