Florida's carry rules changed twice in three years, and much of what people believe about firearm charges is out of date. Since July 1, 2023 an eligible adult may carry a concealed firearm without a license under Florida Statute 790.01(1)(b). Open carry by law-abiding adults is lawful as well: the ban printed at Florida Statute 790.053 was held unconstitutional in McDaniels v. State (Fla. 1st DCA, September 10, 2025) and is not being enforced, although the location restrictions in Florida Statute 790.06(12) still apply.
Whether you already own a firearm or are thinking about buying one, the misconceptions below are the ones that most often turn a lawful owner into a defendant.
Understanding Firearm Possession Laws
Florida's gun laws dictate who can own a gun, how it should be stored, and where it can be carried. These laws are complex and can vary significantly from state to state, making it important for gun owners and prospective owners to familiarize themselves with these regulations.
Owning And Carrying A Firearm
While the Second Amendment of the United States Constitution protects the right to bear arms, there are restrictions on who can own a gun. Federal law prohibits certain individuals from possessing firearms, such as convicted felons, individuals with certain mental health conditions, those subject to restraining orders, and individuals convicted of domestic violence crimes. Each state may also have additional restrictions.
Carrying a firearm, either openly or concealed, is regulated by both federal and state laws. Some states allow open carry without a permit, while others require a permit or prohibit open carry altogether. Similarly, concealed carry laws vary widely, with some states allowing it without a permit, some requiring a permit, and others prohibiting it.
Some states have "shall issue" laws, where the authorities are required to issue a carry permit if the applicant meets certain criteria. On the other hand, others have "may issue" laws, where the authorities have more discretion over who receives a permit.
Gun-Free Zones
Gun-free zones are designated areas where firearms aren’t allowed with the intent to reduce violent crime, prevent mass shootings, and ensure the safety of schools and other public spaces. These places have been established in various public areas, such as schools, government buildings, and public events.
Federal law has prohibited firearms in a school zone since the Gun-Free School Zones Act of 1990, now codified at 18 U.S.C. s. 922(q). Florida adds its own rule: under Florida Statute 790.115(2)(a), possessing a firearm on school property, at a school-sponsored event, on a school bus or at a school bus stop is a third-degree felony, subject to narrow exceptions that include a firearm carried in a vehicle under Florida Statute 790.25(4). "School" there runs from preschool through postsecondary, public or nonpublic.
Violating this law by carrying a firearm in a gun-free zone can have serious consequences, such as felony charges, jail time, and large fines. However, there is debate about whether gun-free zones effectively prevent mass shootings.
Different Types Of Firearm Charges
There are a number of different gun charges under Florida law, and each has its own legal definitions and consequences. The different types of firearm charges include:
- Illegal possession. Florida requires no permit to own a firearm, so this charge turns on who the possessor is rather than on paperwork. Possession by a person in one of the categories listed in Florida Statute 790.23(1), which includes a convicted felon, is a second-degree felony.
- Possession of a prohibited firearm. Owning or possessing an operable machine gun, short-barreled rifle or short-barreled shotgun is a second-degree felony under Florida Statute 790.221, which excepts firearms lawfully owned under federal law. Possessing a firearm whose serial number has been unlawfully altered or removed is a first-degree misdemeanor under Florida Statute 790.27(2), while doing the altering with intent to disguise the firearm is a third-degree felony under 790.27(1).
- Unlawful discharge. Knowingly discharging a firearm in a public place or on the right-of-way of a paved public road, highway or street is a first-degree misdemeanor under Florida Statute 790.15(1), subject to the exceptions in subsections (2) and (3).
- Firearm Trafficking: This is the illegal sale, transportation, or distribution of firearms, often in large quantities or across state lines.
Common Misconceptions About Firearm Charges
Firearm charges are often surrounded by misconceptions that can create confusion and misinformation. Understanding the realities behind these charges is important.
All Firearm Charges Result In Jail Time
Courts may sometimes consider alternative penalties such as fines, probation, community service, or mandatory gun safety courses. These alternative penalties are often imposed in cases where the offense is relatively minor, the person is remorseful, or there’s a low risk of recidivism. The penalties for firearm charges can differ significantly and are influenced by various factors, each contributing to the ultimate legal outcome.
The crime's nature and firearm type can significantly impact whether a prison sentence is imposed and how long it may last. For example, an illegal possession of a firearm charge may result in a lesser sentence than a charge of a violent crime committed with a firearm, such as aggravated assault or robbery.
Aside from the seriousness of the crime, the presence of aggravating factors can also affect the sentence. Aggravating factors include using a firearm in a crime, possessing a gun in a prohibited place, or possessing an illegal firearm. These factors can increase the severity of the charge and the likelihood of a prison sentence.
Additionally, the person's criminal record shapes the sentence. First-time offenders are often more likely to receive a lighter sentence, potentially avoiding jail time altogether. On the other hand, repeat offenders or those with an extensive criminal record may receive harsher sentences, including longer prison terms.
Ignorance Of The Law Is An Acceptable Defense
“Ignorantia legis neminem excusat" (Latin for “Ignorance of the law excuses no one") is a well-known legal principle that applies universally and carries special weight in firearms charges. Some people believe they can’t be held accountable for violations of certain gun laws or regulations if they are unaware of them. However, this is a misconception that can lead to serious legal consequences.
According to the law, every gun owner is required to be aware of all applicable local, state, and federal firearms laws. This includes laws regarding the purchase and sale of firearms, their possession, how they may be carried (open or concealed), places where guns are prohibited, and regulations governing the use of weapons.
As a firearms owner, it's assumed that you have taken the necessary steps to become aware of these laws and ensure compliance with them. This is considered part of the responsibility that comes with owning a firearm. Therefore, people cannot escape liability for a crime by arguing that they didn't know their conduct was illegal.
A Legal Gun Owner Cannot Face Firearm Charges
Legally owning a firearm is not a blanket protection against firearm charges. It's a common misconception that once you have legally acquired a gun, you're exempt from all related legal problems. However, legal ownership is only the first step in a series of responsibilities of possessing a firearm.
Legal gun owners are bound by several laws and regulations that govern not only the ownership but also the use, storage, and transportation of firearms. These rules can vary significantly depending on the jurisdiction, and it's the gun owner's responsibility to be well-versed in all of them.
Firearm Laws Are The Same In Every State
Firearm law in the United States varies greatly from state to state. What's legal in one state could be considered illegal in another, making it challenging for gun owners, especially those traveling across state lines with firearms.
One of the key areas of difference across states is permit requirements. Some states have stringent permit requirements for buying or carrying firearms, while others have more relaxed regulations. For instance, certain states may require a permit to purchase handguns but not long guns, while others may require permits for all types of firearms.
Another significant area of difference lies in open and concealed carry laws. Some states allow open carry of firearms without any permit, while others require a permit or prohibit open carry entirely. The rules for concealed carry also differ, with some states allowing concealed carry without a permit, some requiring a permit, and others prohibiting it altogether.
Firearm laws can also restrict the types of firearms that can be owned or carried. These restrictions include bans on certain firearms, limitations on magazine capacity, or restrictions on features like suppressors or bump stocks. These laws can vary widely from one state to another, making it important for gun owners to understand the specific regulations in each state they live in or visit.
What Comes After A Firearm Charge
Being charged with a firearm offense can be a daunting and stressful experience. Understanding what comes after such a charge is important to navigate the legal process effectively.
Understanding The Penalties And Consequences
In firearms cases, the consequences of your actions can be severe and far-reaching, affecting your freedom and future prospects. Both state and federal law set penalties for firearm offenses, and the same conduct can draw both.
| Penalty Type | Description |
| Imprisonment | Being found guilty of firearm charges can lead to imprisonment. The length of the sentence can vary significantly depending on factors such as the nature of the offense, prior criminal history, and the presence of any aggravating or mitigating circumstances. |
| Fines | Fines are also a common penalty for firearm offenses. The amount of the fine can be influenced by the same factors as imprisonment. |
| Probation | Probation may be an option in some cases. This involves a period of supervised release, during which you must comply with certain conditions set by the court. |
| Permanent Criminal Record | A conviction for a firearm offense can result in a permanent criminal record. This can adversely affect your ability to find employment, secure housing, or obtain certain professional licenses. |
| Firearm Disqualification | A conviction can result in a long-term or permanent disqualification from owning or possessing a firearm. This can have significant implications, particularly for individuals who rely on firearms for their livelihood or personal safety. |
Exploring Possible Defense Strategies
An experienced criminal defense attorney on your side can help clear up misunderstandings and misinterpretations related to firearm charges, guiding you through the process. They can also navigate the often complex plea bargaining or alternative sentencing negotiations and seek a resolution that minimizes the impact on your life.
Your lawyer may use several possible defense strategies when facing firearms possession charges. Some of these effective defense strategies include:
- Challenge the legality of the search and seizure that led to the discovery of the firearm. The evidence may be deemed inadmissible in court if the search can be proven unlawful.
- Argue that the accused was unaware of the firearm's presence or that it belonged to someone else. This defense can be used if it can be proven that the accused had no knowledge of the firearm or did not have control over its location.
- Demonstrate that the accused had a valid license or permit to possess the firearm. If this can be proven, it could lead to a dismissal of the charges.
- Present evidence that the firearm was inoperable or not in the accused's possession at the time of the alleged crime, which could serve as a viable defense.
- Provide evidence that the accused acted in self-defense or under duress when using or possessing the firearm. If it can be shown that the accused had a genuine fear of imminent harm, this could potentially justify their possession or use of the gun.
- Call into question the credibility and reliability of witnesses or evidence presented by the prosecution. If doubts can be raised about the reliability of the prosecution's evidence or the credibility of their witnesses, this can weaken the prosecution's case.
Hire A Firearm Lawyer To Handle Your Case Today
If you are facing a firearm charge in Florida, call Weinstein Legal Team. We will look at how the firearm was found, whether the search that found it was lawful, whether you fall inside a statutory exception, and what the state can actually prove.
Call us today at 866.350.4989, or click here to fill out our contact form for a free, no-obligation consultation. You do not have to face these charges alone.
