Defending Your Second Amendment Rights in Florida
Navigating Complex Gun Laws, Weapons Charges, and Risk Protection Orders
Former Trooper & Deputy | Experienced Weapons Crime Defense
Get a Free ConsultationFlorida Gun Laws – Know Your Rights & Responsibilities
Florida is often described as a pro‑gun state, yet Chapter 790 is packed with rules that can turn a simple mistake into a felony. This guide breaks the law into digestible pieces so you can exercise your rights without jeopardizing them.
Already charged? Violations carry severe penalties – and a skilled defense could mean the difference between freedom and prison. Use these sections to get oriented, then talk to counsel about the details of your case.
Key Definitions
Firearm
Any weapon – or readily convertible device – that fires a projectile by explosive.
Concealed Weapon
A handgun or other weapon carried so its presence isn’t visible to ordinary sight.
Securely Encased
Glove box (locked or unlocked), snapped holster, closed gun case, or similar container that must be opened to fire the weapon.
Readily Accessible
On your person – or so close it can be used as quickly as if on your person.
Who May Carry & How
1 · Concealed Carry (Permit & Permitless)
Eligibility at a glance:
- 21 + (except active‑duty / honorably discharged military)
- No disqualifying felony or violent misdemeanor convictions
- No potentially disqualifying open cases
- Not on probation for a potentially disqualifying offense
- Competency training (for licensure)
Permitless carriers must still meet the same eligibility and carry ID.
2 · Firearm in a Vehicle – s. 790.025
18 + may keep a handgun or other weapon in a private vehicle if it is securely encased . . . The law also allows you to carry the firearm inside a vehicle if the firearm is 'not readily accessible for immediate use'. I advise you to stick with securely encased. You may face prosecution by a anti-gun prosecutor or judge and your freedom is on the line.
Police cannot require a concealed‑carry license solely for a gun that is lawfully stored under this statute.
Exception: Firearms cannot be carried in a vehicle if otherwise prohibited (e.g., while subject to a domestic‑violence injunction).
3 · Open Carry (Highly Restricted)
Generally illegal. Limited exceptions for hunting, fishing, camping, and brief inadvertent display by a lawful concealed carrier.
Common Exceptions for Lawful Carry
- In your home or place of business
- While fishing, hunting, camping, or traveling to/from these activities
- Members en route to target practice or gun shows
- Duly licensed manufacturers, dealers, & repairers
- Law‑enforcement officers on duty (and certain off‑duty)
- Military personnel on duty or training
- Persons traveling with weapon securely encased from purchase to home or gunsmith
- Firearm stored locked inside a vehicle in a workplace parking lot
Places You Cannot Carry (Even With a License)
- 🏛️Courtrooms & polling sites
- 🚔Law‑enforcement stations & jails
- 🎓Schools & college facilities
- 🍻Bars (primary alcohol sales)
- 🏟️Sporting events (non‑firearm)
- 🗳️Government body meetings
- 🛫Airport sterile areas
- 🚫Anywhere barred by federal law
Locked storage in your vehicle is generally allowed.
Selected Offenses & Penalties
| Offense | Statute | Penalty |
|---|---|---|
| Concealed firearm without eligibility | 790.01 | Felony 3rd ° |
| Open carry of firearm | 790.053 | Misdemeanor 2nd ° |
| Altering serial number | 790.27 | Felony 3rd ° |
| Firearm on school property | 790.115 | Felony 3rd ° / Felony 2nd ° if discharge |
These are maximum classifications; sentencing depends on circumstances and prior record.
Secure Firearm Storage & Minors
Under s. 790.174, a loaded firearm must be kept in a locked box or secured with a trigger lock if a child under 16 is likely to access the home. Failure to do so – and the child gains access – is a 2nd‑degree misdemeanor.
- Safety devices are inexpensive compared to the legal & moral cost of an accident.
- Proper storage may also be a favorable factor in plea negotiations or diversion eligibility.
Legal Defenses & Diversion Programs
Common Defenses
- Illegal search / seizure – evidence suppressed if stop or search violated Fourth Amendment.
- Lack of possession or knowledge – State must prove you knowingly possessed the firearm.
- Statutory exceptions – e.g., securely encased vehicle carry or possession at home.
- Self‑defense justification – lawful defensive display or use.
- Restoration of rights – for felon‑in‑possession cases.
Diversion & Alternative Resolutions
Pre‑Trial Intervention (PTI) / Veteran or Mental‑Health Courts can resolve certain non‑violent gun charges without a conviction if the participant completes supervision, classes, and community service.
Upon successful completion, charges are dismissed and you may petition to seal or expunge the record – a critical step for preserving future firearm rights.
Open‑Carry: What’s Happening in the Courts?
Florida’s open‑carry ban survived a 2017 challenge (Norman v. State), but the legal landscape is shifting after the U.S. Supreme Court’s Bruen decision.
- August 2024: Gun Owners of America and others filed a federal lawsuit claiming the ban violates the Second Amendment. ([floridaphoenix.com](https://floridaphoenix.com/2024/08/07/gun-rights-groups-go-to-federal-court-to-overturn-florida-law-banning-open-carry-of-firearms/?utm_source=chatgpt.com))
- January 2025: A bill to authorize open carry was filed for the 2025 Legislative Session. ([thefernandezlawgroup.com](https://thefernandezlawgroup.com/2024/12/12/new-open-carry-bill-filed/?utm_source=chatgpt.com))
- State & federal prosecutors have moved to dismiss the lawsuit, citing the 2017 Florida Supreme Court ruling. ([cbsnews.com](https://www.cbsnews.com/miami/news/prosecutors-seek-dismissal-of-lawsuit-challenging-floridas-open-carry-law/?utm_source=chatgpt.com))
Until a court or the Legislature says otherwise, open carry remains largely illegal in Florida.
Florida protects your right to bear arms, but ignorance of the details won’t protect you from arrest. If you’re under investigation or have been charged, call Lotter Law for a free consultation.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Explore Further Resources
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Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsCharged with a Weapon Offense or Facing an RPO? Act Now.
Your rights and freedom are on the line. Contact Lotter Law for a free, confidential consultation to discuss your defense.
Or, reach us directly:
Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801