I’m Tampa criminal defense attorney Rocky Brancato. As a former police academy instructor who taught criminal procedure and courtroom testimony, I understand exactly how law enforcement is trained to handle firearm encounters — and where officers overstep their authority. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have defended gun charges ranging from concealed carry violations to possession of a firearm during a felony.

What Is Concealed Carry Law in Florida After Permitless Carry?

In 2023, Florida passed a permitless carry law that significantly changed §790.01. Before this law, you needed a concealed weapons license (CWL) to carry a concealed firearm legally. Now, you can carry a concealed firearm without a license — but only if you meet the same eligibility criteria that would qualify you for a CWL under §790.06.

Florida Statute §790.01 (2023 Amendment): You may carry a concealed firearm without a license if you satisfy the eligibility criteria under §790.06(2)(a)-(f) and (i)-(n), (3), and (10). However, if you do not meet these criteria, carrying a concealed firearm is still a third-degree felony — up to 5 years in prison. The State bears the burden of proving both that you are unlicensed AND that you are ineligible. This is where The Brancato Law Firm, P.A. builds the defense.

Many people misunderstand the 2023 law. Permitless carry does not mean anyone can carry a concealed firearm anywhere. You must still meet every eligibility requirement — including being at least 21 years old, having no felony convictions, no domestic violence injunctions, no drug or alcohol abuse issues, and no adjudication of mental incompetence. If you fall outside any of these criteria, carrying a concealed firearm remains a felony.

When Is Carrying a Concealed Firearm Still Illegal?

Even after the 2023 permitless carry law, carrying a concealed firearm is a third-degree felony (up to 5 years in prison) if you:

• Are under 21 years old
• Have a felony conviction on your record
• Have been adjudicated mentally incompetent or committed to a mental institution
• Are subject to a domestic violence injunction
• Have a history of drug or alcohol abuse as defined by statute
• Are a fugitive from justice or are currently under indictment

Warning: Carrying a concealed weapon (not a firearm — this includes knives, billyclubs, and other weapons defined in §790.001) without meeting eligibility criteria is a first-degree misdemeanor carrying up to one year in jail. Carrying a concealed firearm without meeting the criteria is a third-degree felony carrying up to 5 years in prison. The distinction between “weapon” and “firearm” matters significantly for the severity of the charge.

In addition, Florida still prohibits carrying firearms — concealed or openly — in certain locations regardless of eligibility. These include courthouses, police stations, jails, school grounds, polling places, government meetings, and establishments that primarily serve alcohol. At The Brancato Law Firm, P.A., we evaluate every concealed carry charge by examining exactly where the weapon was found and whether the location restriction applies.

What Is Improper Exhibition of a Firearm in Florida?

Under §790.10, it is a first-degree misdemeanor (up to one year in jail) to exhibit any dangerous weapon or firearm in a “rude, careless, angry, or threatening manner” in the presence of one or more people — unless you were acting in lawful self-defense. This statute covers a wide range of conduct, from brandishing a gun during an argument to carelessly waving a firearm at a social gathering.

The key phrase is “not in necessary self-defense.” If you displayed the weapon because you reasonably believed you were in danger, the self-defense exception applies and the charge should not stand. Because I taught self-defense law at the police academy, I know exactly how officers are trained to evaluate these situations — and where their evaluations fall short. We challenge improper exhibition charges aggressively at The Brancato Law Firm, P.A..

Improper exhibition is also a common lesser included offense in aggravated assault with a deadly weapon cases. If the State cannot prove all the elements of aggravated assault, the jury may convict on improper exhibition instead — which carries significantly lower penalties.

What Are the Penalties for Gun Crimes in Florida?

Here is how the penalties break down for the most common gun charges under Chapter 790:

Florida’s 10-20-Life law (§775.087) is particularly harsh. If you possess a firearm during certain felonies, you face a mandatory minimum 10 years. If you discharge the firearm, the mandatory minimum jumps to 20 years. If someone is injured or killed, the mandatory minimum is 25 years to life. These mandatory minimums cannot be waived by the judge. At The Brancato Law Firm, P.A., we fight to keep firearm enhancements from attaching in every eligible case.

Is Open Carry Legal in Florida?

Yes — as of September 2025, open carry is legal in Florida. In McDaniels v. State (1D2023-0533, Fla. 1st DCA 2025), the First District Court of Appeal struck down Florida’s decades-old open carry ban, ruling it violated the Second Amendment. The Attorney General declined to appeal, and the ruling now stands as the law of the state.

However, open carry does not mean you can carry a firearm everywhere. Significant restrictions remain. Firearms are still prohibited in courthouses, police stations, schools, airports, polling places, and establishments that primarily serve alcohol. Furthermore, private property owners — including grocery stores, retail stores, and restaurants — have the right to prohibit firearms on their premises. If you openly carry a firearm on property where it is prohibited, you could face arrest for armed trespass, which is a felony under Florida law. At The Brancato Law Firm, P.A., we defend clients charged with firearms violations arising from the evolving open carry landscape. Read our detailed analysis: Florida Open Carry Ruling 2025: What You Need to Know.

How We Fight Gun Crime Charges in Tampa

Because I taught criminal procedure at the police academy, I know exactly how officers are trained to conduct traffic stops, Terry stops, and searches — and I know where they cut corners. Here is how we defend gun charges at The Brancato Law Firm, P.A.:

• Challenge the search. Gun charges almost always begin with a search — a traffic stop, a pat-down, or a home search. If the search violated your Fourth Amendment rights, the firearm evidence is inadmissible.
• Challenge possession. The State must prove the firearm was yours — not just nearby. If the gun was in a shared vehicle or someone else’s property, constructive possession becomes the central issue.
• Challenge eligibility. Under the 2023 permitless carry law, the State must prove you were unlicensed AND ineligible. If the State cannot prove ineligibility, the charge fails.
• Self-defense for improper exhibition. If you displayed the firearm because you reasonably believed you were in danger, the self-defense exception under §790.10 applies.
• Fight the 10-20-Life enhancement. Proximity alone does not satisfy the statute — the firearm must be connected to the felony itself.

Case Study — Cocaine and Firearm Charges Dismissed: We represented a client charged with possession of cocaine and possession of a firearm during commission of a felony. Rocky took an early morning 24/7 call and appeared at First Appearance, arguing the client’s actions did not meet the intent of the firearm statute. The judge set low bonds. Rocky then immediately engaged the intake prosecutor at the State Attorney’s Office. Result: Both charges formally dismissed within days of the arrest. Past results do not guarantee future outcomes.

Can Gun Charges Be Dropped or Reduced?

Yes — and in many cases, the defense centers on how law enforcement found the firearm:

• Illegal search or seizure. If officers found the firearm during an unlawful traffic stop, an illegal pat-down, or a warrantless search, we file a motion to suppress the evidence. Without the firearm evidence, the case collapses.
• Lack of knowledge or possession. If you did not know the firearm was present — for instance, in a borrowed vehicle or someone else’s bag — the State cannot prove knowing possession.
• Eligibility under permitless carry. If the State cannot prove you were ineligible to carry under the 2023 law, the concealed firearm charge fails.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before charges are filed, we can present evidence and argument to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. Early intervention can prevent charges entirely.

What Should You Do After a Gun Crime Arrest?

If you or someone you love has been arrested for a gun-related offense and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not explain the firearm to police. Officers will ask why you had the gun, where you got it, and whether you have a license. Anything you say becomes evidence. Stay silent until you speak with an attorney.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours. Gun charges — especially firearm felonies and 10-20-Life cases — often carry high bonds.
3. Document the circumstances. Where exactly were you when the arrest happened? Was there a traffic stop? Did officers ask permission to search? Were there witnesses? These details are critical for challenging the legality of the search.
4. Do not consent to any search. If officers ask to search your vehicle, your home, or your person, you have the right to refuse. Refusing a search is not evidence of guilt.

Frequently Asked Questions About Gun Crimes in Florida

Do I still need a concealed weapons license in Florida?

You do not need a license to carry a concealed firearm in Florida under the 2023 permitless carry law — as long as you meet the eligibility criteria under §790.06. However, obtaining a license still offers benefits: it is recognized in other states through reciprocity agreements, and it exempts you from the waiting period when purchasing a firearm. The Brancato Law Firm, P.A. defends concealed carry charges regardless of license status.

Can a felon possess a firearm in Florida?

No. Under §790.23, a convicted felon who possesses a firearm commits a second-degree felony carrying up to 15 years in prison. This prohibition applies regardless of the permitless carry law. The only way to restore firearm rights after a felony conviction is through executive clemency from the Florida Board of Executive Clemency — and approval is rare.

What is Florida’s 10-20-Life law?

Under §775.087, if you possess a firearm during certain felonies, you face a mandatory minimum 10 years in prison. If you fire the weapon, the mandatory minimum increases to 20 years. If someone is injured or killed, the minimum is 25 years to life. These mandatory minimums cannot be reduced by the judge, which is why challenging the firearm enhancement is often the most important part of the defense.

More Questions About Gun Defense

Can I carry a gun in my car without a license?

Yes, under §790.25(5), you may securely encased or not readily accessible carry a firearm in your vehicle without a license — even without meeting the permitless carry criteria. “Securely encased” means in a glove compartment, snapped holster, gun case, or closed container. However, if the firearm is readily accessible and you do not meet the eligibility criteria, you can be charged with carrying a concealed firearm.

What if the police found my gun during an illegal search?

If officers found the firearm during an unlawful search — whether a traffic stop without reasonable suspicion, an illegal pat-down, or a warrantless home search — the firearm evidence may be suppressed. Without that evidence, the gun charge cannot be prosecuted. Tampa criminal defense attorney Rocky Brancato files suppression motions in every case where the search is questionable.

Hiring a Gun Crime Defense Attorney

How does The Brancato Law Firm handle gun cases differently?

Rocky Brancato’s background as a former police academy instructor — where he taught criminal procedure and courtroom testimony — gives him a unique advantage in gun cases. He knows exactly how officers are trained to conduct stops and searches, and he knows where they deviate from that training. Combined with more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. brings the experience needed to challenge gun charges effectively.

How much does a gun crime defense lawyer cost in Tampa?

Fees depend on the severity of the charge — a misdemeanor improper exhibition case is different from a 10-20-Life enhancement. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing gun charges in Florida, the consequences can be severe — especially if a 10-20-Life mandatory minimum is on the table. We have spent more than 25 years defending weapons charges in Hillsborough County, and we know how to challenge illegal searches, fight firearm enhancements, and protect your Second Amendment rights when prosecutors overreach.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including suppression motions and pre-file advocacy that may prevent charges entirely.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Robbery in Florida? — gun charges are frequently stacked alongside robbery, and the defense strategies often overlap.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.