I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have served as a police academy legal instructor teaching officers the constitutional limits of search, seizure, and arrest, and I served as Chief Operating Officer of the Hillsborough County Public Defender’s Office. Today our attorneys defend gun and drug charges across Tampa Bay, and this question — marijuana and guns — now sits at the center of one of the fastest-moving areas in criminal law.

What Does Federal Law Say About Marijuana Users and Guns?

Federal law makes it a crime for any person “who is an unlawful user of or addicted to any controlled substance” to possess a firearm or ammunition. That ban lives in 18 U.S.C. § 922(g)(3), and because marijuana remains a controlled substance under federal law, it has always applied to marijuana users — including Florida’s hundreds of thousands of registered medical marijuana patients. A state card has never been a defense to the federal statute, because Florida’s medical marijuana program does not change what federal law says.

The federal ban shows up in a second place that trips up ordinary gun buyers: ATF Form 4473, the questionnaire every purchaser completes at a licensed dealer. The form asks directly whether you are an unlawful user of marijuana or any other controlled substance, and it warns that marijuana remains federally unlawful regardless of state medical programs. Answering falsely is a separate federal felony. Our attorneys have seen careful, law-abiding people put themselves in federal jeopardy with one checkbox — which is why the Supreme Court’s 2026 decision matters so much, and why it must be read carefully rather than treated as a green light.

What Did the Supreme Court Decide in United States v. Hemani?

In United States v. Hemani, No. 24-1234 (U.S. June 18, 2026), the U.S. Supreme Court held that the government’s prosecution of a regular marijuana user under § 922(g)(3) violated the Second Amendment — the first time the Court has struck down the application of a federal gun ban to drug users. Ali Hemani was prosecuted for having a gun in his home while being a regular marijuana user; the government’s theory was that regular use of a controlled substance, by itself, was enough to disarm him. It did not claim he was addicted, that he was high when found with the gun, or that he posed any particular danger.

Justice Gorsuch’s majority opinion, affirming the Fifth Circuit 7-2, rejected that theory under the historical-tradition test. The government leaned on founding-era “habitual drunkard” laws, but the Court found those laws targeted people whose drinking left them “practically incapacitated and incapable of managing their affairs” — not everyone who drank regularly. The Court also stressed how the modern statute operates: it “automatically divests an individual of his constitutional right to bear arms the moment he becomes an unlawful user . . . all without any pre-deprivation process,” while the historical laws required some proceeding — a conviction, a guardianship, a hearing — before anyone lost liberty. And the Court pointed out that the government’s own conduct undercuts the claim that all marijuana users are categorically dangerous: federal prosecutors have been directed to curtail enforcement against marijuana users, most states have legalized some use, and the government itself recently moved certain marijuana products down the federal schedules.

For Florida gun owners who hold medical marijuana cards, the practical takeaway is this: after Hemani, a federal prosecution built on nothing more than the fact that you regularly use marijuana is unconstitutional. That is a real shield. But it is a shield with defined edges, described next.

What Did Hemani Leave Undecided?

Hemani was an as-applied ruling, not a repeal — § 922(g)(3) is still on the books, and the Court expressly reserved several theories the government may still pursue. Anyone mixing marijuana and firearms in Florida should understand exactly where the line now sits.

That last row deserves emphasis. Nothing in Hemani changed the purchase paperwork. Until ATF revises Form 4473, a medical marijuana patient who answers “no” to the unlawful-user question is still committing a federal crime, whatever the Second Amendment now says about possession prosecutions. This is exactly the kind of trap where getting legal advice before you act is worth far more than defending a charge afterward.

Does a Florida Medical Marijuana Card Take Away Your Gun Rights?

No — holding a Florida medical marijuana card does not, by itself, disqualify you from owning or possessing a firearm under Florida law. Florida’s medical marijuana statute, Fla. Stat. § 381.986, created a physician-certification system with a patient registry, and nothing in Florida’s gun statutes makes registered patients prohibited possessors.

Florida’s concealed-carry licensing statute, Fla. Stat. § 790.06, does contain drug-related disqualifiers that patients should know about. The Department of Agriculture must deny a license to an applicant who “chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired,” and to anyone found guilty of a chapter 893 drug crime within the three years before applying. A conviction for a controlled-substance offense also triggers revocation of an existing license. So while the card itself is not a disqualifier, a marijuana-related conviction — even a misdemeanor — can cost you your carry license for years.

Where Is Medical Marijuana Use Still Illegal Even With a Card?

A Florida medical marijuana card authorizes “medical use” — and the statute defines that term to exclude specific places, so using marijuana in the wrong location remains a crime even for a fully registered patient. Under § 381.986, “medical use” does not include using or administering marijuana on public transportation, in any public place, in an enclosed indoor workplace, on school grounds, or — critically for Tampa Bay’s boaters and drivers — “in a school bus, a vehicle, an aircraft, or a motorboat,” with a narrow exception for low-THC cannabis not in a form for smoking. A qualified patient who uses marijuana in plain view of the public or in a vehicle or boat commits a first-degree misdemeanor.

The Sixth District Court of Appeal enforced exactly this limit in Tanaka v. State, No. 6D2024-1581 (Fla. 6th DCA June 19, 2026), a Collier County case where the court affirmed a conviction by quoting the statute’s rule that “medical use” does not cover marijuana in a vehicle, aircraft, or motorboat. The lesson for the hundreds of thousands of Floridians with cards: your protection travels with the statute’s definitions, not with the card in your wallet. Smoking in your car — parked or moving — is outside the program, and once an officer smells it, you may face both the misdemeanor and a vehicle search. Our attorneys have litigated where the odor-of-cannabis doctrine now stands in the Tampa Bay area; see our analysis of Florida’s Second DCA limiting the plain-smell doctrine.

Can 18-to-20-Year-Olds Carry a Concealed Gun in Florida Now?

As of mid-2026, Florida’s ban on concealed-carry licenses for adults under 21 has been declared facially unconstitutional by one of Florida’s appellate courts — a major shift, though not yet a statewide settled rule. In Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA June 17, 2026), a Broward County prosecution for carrying a concealed firearm, the Fourth District held that § 790.06(2)(b) — which requires concealed-carry applicants to be 21 — “is facially unconstitutional as it relates to 18- to 20-year-olds.” The court reasoned that 18-to-20-year-olds are part of “the people” the Second Amendment protects, that the State produced no historical tradition of categorically disarming young adults, and — quoting the U.S. Supreme Court’s Rahimi decision — that a group cannot be “disarmed simply because he is not ‘responsible.’” The court reversed the young man’s conviction outright.

Two cautions before anyone under 21 straps on a holster. First, Eubanks is a Fourth District decision; Tampa, Hillsborough, Pinellas, and Pasco Counties sit in the Second District, which has not yet spoken, and the State may seek further review in the Florida Supreme Court. Second, the decision addressed concealed carry — it did not touch Florida’s open-carry ban or the separate federal rules for handgun purchases by under-21 buyers. Anyone in that age group facing a carry charge should treat Eubanks as a powerful defense to raise, not a settled right to rely on. For the broader landscape — permitless carry under Fla. Stat. § 790.01, where guns are still prohibited, and how gun charges are penalized — see our guide to gun crime laws in Florida.

How Do These Decisions Change a Florida Gun Charge Defense?

They add constitutional attacks to a defense toolbox that already starts with the Fourth Amendment. When our attorneys defend a Tampa Bay gun charge involving marijuana, the analysis now runs on three tracks at once.

1. Was the stop and search lawful? Most marijuana-and-gun cases begin with a traffic stop, a pat-down, or a search justified by the smell of cannabis. If the stop was unlawfully prolonged or the frisk exceeded its limits, the gun itself can be suppressed — see our breakdown of stop and frisk law in Florida.
2. Is the charge constitutional after Hemani and Eubanks? A federal § 922(g)(3) charge premised on use alone is now unconstitutional as applied. A state concealed-carry charge against an otherwise law-abiding 18-to-20-year-old is squarely challenged by Eubanks. These arguments are raised by motion — and where a district conflict exists, preserving the issue protects your appeal.
3. Does the statute even fit the facts? Was the marijuana “medical use” within § 381.986? Was the firearm actually “possessed”? Was a license exception satisfied? The State must prove every element, and pre-file advocacy — engaging the State Attorney’s Office before charges are formalized — can resolve borderline cases before they ever reach a courtroom.

What Should You Do If You Are Arrested on a Marijuana-Related Gun Charge?

Move fast, and say nothing about your marijuana use to anyone but your lawyer. Statements about how often you use — the exact fact that decides whether the government can build a lawful case after Hemani — are routinely volunteered in the first police interview, and they are admissible. In Hillsborough County, a felony gun arrest means booking at Orient Road Jail, first appearance within 24 hours, and formal charging decisions by the State Attorney’s Office in the weeks that follow. That charging window is where an early defense presentation can change everything: our attorneys use it to put suppression problems, Hemani and Eubanks issues, and medical-marijuana documentation in front of the prosecutor before the filing decision is made. If you were just arrested, our step-by-step guide to what to do after being arrested in Tampa walks through the first 72 hours.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

Frequently Asked Questions

Can I buy a gun in Florida if I have a medical marijuana card?

Florida law does not prohibit the purchase, but the federal purchase form still asks whether you are an unlawful user of marijuana, and marijuana remains federally unlawful even for state medical patients. Answering falsely on ATF Form 4473 is a federal felony that Hemani did not eliminate. Our attorneys advise cardholders on lawful paths before purchase, because this is far easier to get right in advance than to defend afterward.

Did the Supreme Court legalize gun ownership for all drug users?

No. United States v. Hemani, No. 24-1234 (U.S. June 18, 2026), held only that prosecuting a person for regular marijuana use alone violates the Second Amendment. The Court expressly left open prosecutions of people who are addicted, armed while presently intoxicated, or shown by individualized proof to be dangerous — and it did not touch the felon-in-possession ban.

Can I keep a gun in my car along with my medical marijuana?

Carrying a firearm in your vehicle can be lawful under Florida’s permitless-carry framework, but using marijuana in a vehicle is never “medical use” under Fla. Stat. § 381.986 — it is a first-degree misdemeanor even for cardholders. Combining the two also invites a search and a charging decision that treats you as an unlawful user. Keep the marijuana sealed, in its original packaging, and never use it in the car or on a boat.

Can an 18-year-old legally carry a concealed gun in Florida in 2026?

The Fourth District held in Eubanks v. State that the 21-and-over rule in § 790.06(2)(b) is facially unconstitutional, but that ruling comes from South Florida’s appellate district and the issue is not finally settled statewide. In Tampa Bay — the Second District — prosecutors may still file the charge, and the defense must raise Eubanks by motion. The Brancato Law Firm, P.A. litigates these constitutional challenges and preserves them for appeal.

Will a marijuana conviction cost me my concealed weapons license?

Yes — a finding of guilt for a chapter 893 drug crime requires revocation of a Florida concealed-carry license, and it bars a new license for three years under Fla. Stat. § 790.06. That collateral consequence is one more reason to fight a “minor” possession charge rather than plead it out quickly. We routinely defend possession cases with the license consequences as a central goal.

Does Florida report medical marijuana patients to the federal government?

Florida’s medical marijuana use registry is a state system, and Florida law treats patient records as confidential; the registry is not a public list handed to federal authorities. But dispensary purchases, statements to police, and social media can all establish “unlawful user” status in a federal case. If you hold a card and own firearms, The Brancato Law Firm, P.A. can walk you through how the two programs actually interact.

Marijuana-and-gun law is moving faster right now than at any point in decades — Hemani and Eubanks both landed within a single week of June 2026, and the next round of decisions will decide how far they reach in Tampa Bay. If you are facing a gun or marijuana charge, or you hold a medical card and want to keep your gun rights intact, call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 today. Constitutional defenses are strongest when they are raised before the State’s filing decision, not after.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I taught search and seizure at the police academy, and most of the gun cases our attorneys defend begin exactly there — with a stop, a frisk, or a car search that has to survive the Fourth Amendment before any gun charge can.

Can You Carry a Concealed Gun Without a Permit in Florida?

Yes — since July 1, 2023, Florida is a permitless-carry state. Under section 790.01, Florida Statutes, a person may carry a concealed weapon or firearm if they are either licensed or unlicensed but otherwise satisfy the criteria for receiving and keeping a concealed-carry license — essentially, an adult who could lawfully get the license may carry without ever applying for it.

The crimes that remain: a person who is unlicensed and ineligible for a license commits a first-degree misdemeanor for carrying a concealed weapon, and a third-degree felony — up to five years — for carrying a concealed firearm. And here is what the arrest reports rarely mention:

Section 790.01(4) puts that burden expressly on the State: it must prove, as elements, both that you were unlicensed and that you were ineligible under the license criteria. Officers in the field often cannot know either fact — which affects not just the charge but the legality of the stop itself. The statute even contains a hurricane-state exception: lawful gun owners may carry concealed while evacuating during the first 48 hours of a mandatory evacuation order.

Is Open Carry Legal in Florida Now?

As of late 2025, yes — for people who may lawfully possess firearms. In McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA Sept. 10, 2025), Florida’s First District held the state’s decades-old open-carry ban, section 790.053, unconstitutional under the Second Amendment: applying the U.S. Supreme Court’s Bruen test, the court found no historical tradition supporting a categorical ban, declaring that “[t]he Constitution protects the right to carry arms openly for self-defense.” The Attorney General directed that the ruling be honored statewide, and other districts have since acknowledged it. We broke the decision down in detail — including what it does not change — in our guide to Florida’s 2025 open-carry ruling.

The critical caveats: McDaniels protects ordinary, law-abiding adults. It does not restore gun rights to convicted felons or others prohibited from possession, it does not eliminate location restrictions, and it does not license waving a gun around — which brings us to the charge that has quietly become the workhorse of Tampa Bay gun prosecutions.

What Is Improper Exhibition of a Firearm?

Under section 790.10, Florida Statutes, exhibiting a firearm or other weapon “in a rude, careless, angry, or threatening manner,” in the presence of one or more persons and not in necessary self-defense, is a first-degree misdemeanor — up to a year in jail. In the permitless-carry era, this is the charge that turns a traffic dispute, a neighbor feud, or an argument in a parking lot into a criminal case: carrying the gun was legal; how it was displayed is what gets charged.

The defense terrain is favorable. “Rude, careless, angry, or threatening” is in the eye of an alarmed complainant; the statute itself excludes displays in necessary self-defense; and the line between lawful open carry, a defensive display, and improper exhibition is now genuinely unsettled after McDaniels. Where the display escalates into a charge of aggravated assault, remember what our assault guide explains: aggravated assault was removed from 10-20-Life in 2016, so the automatic firearm minimums people fear do not apply to that charge.

What Is Felon in Possession of a Firearm?

The most unforgiving gun crime in Florida. Under section 790.23, Florida Statutes, a convicted felon may not own or have in his or her “care, custody, possession, or control” any firearm, ammunition, or electric weapon — and the same ban reaches people found delinquent of felony-level acts who are under 24. It is a second-degree felony punishable by up to 15 years, and under the 10-20-Life statute, actual possession carries a 3-year mandatory minimum.

Three battlegrounds decide these cases. First, actual versus constructive possession: a gun in a shared car or house is not automatically “possessed” by the felon in the room — constructive possession requires proof of knowledge and dominion, it is hotly litigable, and the 3-year minimum attaches only to actual possession. Second, the search: these charges almost always begin with a stop or search that can be challenged. Third, the predicate: the ban does not apply if civil rights and firearm authority have been restored or the record was expunged — and whether an out-of-state disposition even qualifies as a “conviction” is a legal question worth litigating. Courts are also actively wrestling with Second Amendment challenges to felon-possession bans after Bruen; that litigation is moving, and preserving the issue can matter.

What Is Florida’s 10-20-Life Law?

Section 775.087(2), Florida Statutes imposes escalating mandatory minimums when a firearm is involved in one of its enumerated felonies:

The enumerated felonies include murder, robbery, burglary, kidnapping, aggravated battery, carjacking, home-invasion robbery, drug trafficking, and others — but not aggravated assault, which the Legislature removed in 2016. These minimums strip judges of discretion, which transfers all the power to the charging decision — and that is precisely where early defense work pays: whether the felony charged is actually a listed one, whether possession was “actual,” and whether the discharge caused the harm are all questions that decide decades.

Where Are Guns Still Prohibited?

Permitless carry and McDaniels changed who may carry and how — not where. The license statute’s list of prohibited places (schools and school events, courthouses, polling places, bars’ alcohol-service areas, and more) still applies to carriers, licensed or not, and separate statutes cover school zones and other sensitive locations. Location-based gun charges are technical, and signage, boundaries, and knowledge requirements all matter — do not assume a place restriction was valid just because a citation says so.

How Do We Defend Gun Charges?

We start with the stop. Most Tampa Bay gun cases begin with a traffic stop, a street encounter, or an anonymous tip — and after permitless carry, the sight of a firearm, without more, is a weak foundation for a detention. I taught officers this area of law at the police academy; our attorneys use that training to find the constitutional defects in how the gun was found. From there: the State’s burden to prove license ineligibility as an element; actual-versus-constructive possession in every multi-occupant case; the necessary-self-defense exclusion in exhibition cases; predicate and restoration issues in felon-possession cases; and the charging-precision fights that keep 10-20-Life minimums out of the case. Gun charges carry the harshest math in Florida sentencing — the defense has to start before the math does.

What Should You Do If You Are Arrested on a Gun Charge?

Say nothing about the gun — not whose it is, not why it was there, not that you “didn’t know it was still in the bag.” Possession cases are built on statements more often than fingerprints. Then move fast: the stop and search that produced the firearm are the foundation of the case, and the video, witnesses, and dispatch records that test them are freshest in the first weeks. If you are a prior felon, bring your complete history — including any rights restoration — to counsel immediately, because the difference between a defensible case and a 3-year minimum can be one document. Our attorneys evaluate the search first, the possession theory second, and the plea posture last.

Frequently Asked Questions About Florida Gun Crimes

Do I need a permit to carry a gun in Florida?

Not for concealed carry, since July 1, 2023 — anyone who meets the criteria to get a concealed-carry license may carry without one. Carrying while ineligible remains a crime (a third-degree felony for a concealed firearm), and the license itself still has benefits, including reciprocity in other states. Our attorneys still see arrests of eligible carriers; eligibility is an element the State must prove, and we hold it to that.

Is open carry legal in Florida?

Yes, as of the First District’s September 2025 decision in McDaniels v. State declaring the open-carry ban unconstitutional — a ruling honored statewide. It applies to people who may lawfully possess firearms, it leaves location restrictions intact, and it does not protect angry or threatening displays, which remain chargeable as improper exhibition. Our detailed guide to the ruling covers what changed and what did not.

Can a convicted felon ever have a gun again in Florida?

Only after civil rights and firearm authority are restored through clemency, or if the record was expunged under the specific statute — otherwise possession of a firearm or even ammunition is a second-degree felony. Whether a particular old disposition actually qualifies as a predicate conviction is a genuine legal question, and The Brancato Law Firm, P.A. examines it in every felon-possession case.

What is the penalty for carrying a concealed firearm without being eligible?

A third-degree felony — up to five years in prison. But the State must prove both that you were unlicensed and that you were ineligible for a license, as elements of the crime. Many arrests are made without officers knowing either fact, which creates both trial defenses and suppression issues.

Does pulling a gun trigger 10-20-Life?

Displaying a gun, without firing it, is typically charged as improper exhibition (a misdemeanor) or aggravated assault (a felony) — and aggravated assault is not on the 10-20-Life list. The 10-, 20-, and 25-to-life minimums attach when a firearm is possessed or discharged during one of the statute’s enumerated felonies, like robbery or burglary. Which charge gets filed is a decision our attorneys work to influence early.

Can gun charges be dismissed?

Regularly — gun cases rise and fall on the stop and search, and a suppressed firearm usually ends the prosecution. Possession theories fail in shared spaces, eligibility elements go unproven, and self-defense excludes exhibition charges. The Brancato Law Firm, P.A. defends firearm cases throughout Tampa Bay — call (813) 727-7159 for a free, confidential review before you talk to anyone about the gun.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

Related reading: Florida’s 2025 Open-Carry Ruling: What You Need to Know · What Is Assault in Florida? · What Is Robbery in Florida? · What Is Burglary in Florida? · What to Do After Being Arrested in Tampa, Florida

Florida Gave You More Gun Rights — and Kept Every Gun Charge

If you have been arrested on a firearm charge in Hillsborough, Pinellas, or Pasco County, you are caught in the gap between a state that just expanded carry rights and prosecutors still charging every gun they find. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before you give a statement. The search that found the gun is the case; let us test it while the evidence is fresh.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Florida’s gun laws have changed. On September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), struck down Florida’s decades-old ban on openly carrying firearms. The Attorney General has declined to appeal, which means the ruling stands: open carry is now legal in Florida.

However, this does not mean you can carry a firearm everywhere. Significant restrictions remain under Florida Statute 790.06(12) and federal law. Understanding where you can and cannot carry is essential to avoiding arrest.

At The Brancato Law Firm, our goal is not to take sides on whether this change is good or bad. Our focus is on making sure you understand the law as it now stands—and to remind you that if you are arrested under Florida’s gun laws, your rights deserve a strong defense. We are your Tampa Gun Crimes Law Firm.

What the Court Decided in McDaniels v. State

The First District Court of Appeal struck down Florida’s open carry ban, finding it violated the Second Amendment. The court’s reasoning:

• The Constitution protects both open and concealed carry
• History shows open carry was the traditional and accepted way of bearing arms
• Florida’s blanket ban went too far by prohibiting it altogether

This decision was guided by the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, which established that gun regulations must be consistent with the nation’s historical tradition of firearm regulation.

What Was the Old Florida Open Carry Law?

Since 1987, Florida law made it a crime to openly carry a firearm in public. Violations could result in up to 60 days in jail and fines. The only exceptions were narrow—such as while hunting, fishing, or camping, or while traveling to and from those activities.

That law is now unconstitutional. Floridians may openly carry firearms in public, subject to the location restrictions that still apply.

Where You Still Cannot Carry a Firearm

Open carry is now legal, but location restrictions remain in full effect. Under Florida Statute 790.06(12) and federal law, carrying a firearm in any of the following locations can still lead to arrest:

Private Property Rules

Private business owners can set their own rules regarding firearms. If a business posts “No Firearms” signs or asks you to leave, you must comply. Refusing to leave after being asked can result in trespass charges—even if you are otherwise carrying legally.

Who Still Cannot Carry a Firearm

The McDaniels ruling changed how you can carry, not who can carry. The following individuals remain prohibited from possessing firearms under Florida and federal law:

• Convicted felons (F.S. 790.23)
• Individuals under 21 years of age
• Chronic or unlawful users of controlled substances
• Individuals subject to domestic violence injunctions (F.S. 790.233)
• Individuals adjudicated mentally defective or Baker Act committed
• Individuals subject to active Risk Protection Orders (F.S. 790.401)

Frequently Asked Questions

Is open carry now legal in Florida?

Yes. Following the McDaniels v. State ruling and the Attorney General’s decision not to appeal, open carry is now legal in Florida. However, location restrictions under F.S. 790.06(12) still apply.

Can I carry in a bar or nightclub?

No. Firearms remain prohibited in any portion of a business licensed to serve alcohol for on-site consumption.

Can I carry at schools or school events?

No. You cannot carry at elementary, middle, or high schools, their administration buildings, or school sporting events. Colleges and universities are also off-limits.

Can I carry at a courthouse or government meeting?

No. Courthouses, courtrooms, polling places, and government board meetings remain prohibited locations.

What about airports?

You cannot carry inside passenger terminals beyond TSA security checkpoints. Firearms must be properly checked if you are flying.

What if I accidentally walk into a prohibited location?

Ignorance of the law is not a defense. You could still face arrest. Always know where you can and cannot carry before doing so.

What if a private business does not allow firearms?

Private business owners can prohibit firearms on their property. If asked to leave, you must comply or risk trespass charges.

Arrested for a Gun Offense in Tampa?

If you or someone you care about has been arrested under Florida’s gun laws—whether for open carry, concealed carry, or another firearm-related offense—you have rights worth fighting for.

At The Brancato Law Firm, attorney Rocky Brancato brings over 25 years of trial experience to every case. We do not take a position on whether gun laws are “right” or “wrong.” Our job is to stand with you in court and fight back if your constitutional rights have been violated.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Florida’s permitless carry law, effective July 1, 2023, has created confusion for many residents regarding where they can and cannot legally bring a firearm. For Tampa Bay Buccaneers fans heading to Raymond James Stadium, this confusion can unfortunately lead to significant legal trouble. The crucial reality is this: even if you can legally carry a gun elsewhere in Florida, bringing it to or even near the stadium for a Bucs game can still result in your arrest.

Here’s what every Bucs fan needs to know before game day in Tampa.

Florida’s Permitless Carry Law Isn’t a “Carry Anywhere” Pass

While Florida now allows most adults to carry a concealed firearm without a specific permit, this law does not grant permission to carry a firearm everywhere. Long-standing restrictions remain firmly in place, and one is exceptionally clear regarding sporting events:

You cannot lawfully carry a firearm into a professional athletic event in Florida. This prohibition explicitly includes:

• NFL stadiums like Raymond James Stadium, home of the Tampa Bay Buccaneers.
• The parking lots and designated tailgating areas associated with the venue.
• All secured and ticketed sections within the stadium grounds.

Violating this rule can lead to serious felony charges, even if you had no malicious intent and were simply unaware of the specific restrictions for Raymond James Stadium.

What About the Raymond James Stadium Parking Lot or Tailgating Area?

Many Tampa Bay Buccaneers fans mistakenly believe that as long as they don’t bring a weapon inside the actual stadium building, they are compliant with the law. However, Raymond James Stadium is a designated gun-free zone. This important designation often extends to surrounding areas owned or operated in connection with the event, including parking and tailgating zones.

In practical terms for a Bucs game day, this means:

• Even keeping a firearm securely locked in your car on Raymond James Stadium property during a game can be legally risky.
• Security personnel and law enforcement officers routinely patrol tailgating areas around the Tampa stadium.
• The situation becomes even more complex if alcohol is involved.

Furthermore, Florida law (F.S. § 790.151) prohibits being in possession of a firearm while under the influence of alcohol or controlled substances, regardless of whether you ever physically touch the weapon during that time.

The Dangerous Mix: Alcohol, Firearms, and the Tampa Bay Buccaneers

Tailgating is a cherished part of the Tampa Bay Buccaneers game-day experience. However, if you are carrying a firearm—even if you believe you are doing so legally—and you are consuming alcohol, you may be violating several Florida Statutes, including:

• F.S. § 790.151: Possession of a firearm while under the influence.
• F.S. § 790.06(12): Restrictions on carrying in specific locations (like professional sporting events).
• F.S. § 856.011: Disorderly intoxication, which can be charged alongside any firearm violations.

These laws are strictly enforced around Raymond James Stadium.

“I Forgot the Gun Was in My Car!” – What Happens at a Tampa Bucs Game?

This scenario occurs more often than people realize. However, claiming unintentional possession is not always a valid defense in Florida. Once law enforcement discovers a firearm in a prohibited area like Raymond James Stadium property, the situation can escalate rapidly. This is especially true if you are impaired, become argumentative, or are simply unaware of the strict firearm restrictions.

If you find yourself in this situation at a Bucs game, it’s critical to:

• Stay calm and composed.
• Say nothing to law enforcement beyond identifying yourself.
• Immediately and clearly state that you wish to speak with an attorney.

Beyond Firearms: Other Common Arrests at Tampa Bay Buccaneers Games

Firearms aren’t the only source of legal trouble at Bucs games. Every season, arrests occur at Raymond James Stadium for various offenses, including:

• Disorderly conduct
• Resisting an officer without violence
• Battery or assault (often in the stands or parking lots)
• Trespassing (especially after being warned or ejected)
• Open container violations and underage drinking

While these may seem like minor offenses, they can carry serious consequences in Florida. These can include jail time, probation, fines, and even restrictions that prevent you from attending future Tampa Bay Buccaneers games or other events at Raymond James Stadium.

If Your Tampa Bay Buccaneers Game Day Didn’t Go As Planned – The Brancato Law Firm, P.A. Can Help

At The Brancato Law Firm, P.A., we understand how a simple mistake or misunderstanding can quickly turn into a criminal charge—especially in the high-energy, heavily policed environment of a Tampa Bay Buccaneers game at Raymond James Stadium. Whether you’re facing a firearms violation, a charge of resisting arrest, or an incident related to tailgating or public intoxication in Tampa, our primary goal is to protect your record, your rights, and your future.

Attorney Rocky Brancato brings over 25 years of courtroom experience to every case. His expertise includes defending clients against charges involving concealed weapons, DUI, and violent offenses throughout the Tampa Bay area. His investigative insight and skilled legal negotiation often make the critical difference between a conviction and a more favorable outcome, such as a dismissal or reduced charges.

Located in Ybor City, Tampa. Proudly serving Hillsborough, Pinellas, and Polk Counties.

Call (813) 727-7159 for a confidential consultation to discuss your case.