Florida Firearms Defense Attorney Discusses Open Carry Law
Florida’s open carry law changed significantly in September 2025, creating important questions for gun owners about where firearms may legally be carried and when lawful possession can result in criminal charges.
Florida firearms defense attorney Michael J. Petro spoke with Bay News 9 about Florida’s new open carry rules and the potential criminal consequences for gun owners who do not understand the limitations that remain under Florida law.
Attorney Petro has extensive experience defending individuals charged with state and federal firearms offenses.
Florida’s Open Carry Law Changed in September 2025
Florida’s prior prohibition on the open carry of firearms was affected by a September 2025 appellate court decision.
The change means that individuals who may lawfully possess firearms can openly carry them in many circumstances, but open carry is not permitted everywhere.
Restrictions continue to apply to particular locations and circumstances.
Gun owners should understand that the ability to openly carry a firearm does not eliminate other Florida and federal firearms laws.
Michael J. Petro Discusses Open Carry on Bay News 9
Bay News 9 interviewed Attorney Michael J. Petro as Florida’s new open carry rules took effect.
Attorney Petro explained that one potential problem involves carrying a firearm onto private property and refusing to leave after being directed to do so.
A private property owner or business may control whether firearms are permitted on the property.
If an armed individual is instructed to leave private property and refuses, the circumstances can potentially result in a serious criminal charge.
Understanding the distinction between the right to possess or carry a firearm and the rights of private property owners is therefore important.
Open Carry Does Not Mean Carry Everywhere
Florida’s change to its open carry law did not eliminate restrictions on firearms in certain locations.
Depending on the circumstances and applicable law, firearms may remain restricted in locations such as:
- Schools and certain educational facilities
- Courthouses
- Certain government locations
- Polling places
- Certain athletic events
- Other locations where possession or carrying of firearms is prohibited by state or federal law
Federal law can also restrict firearm possession in circumstances that are separate from Florida’s open carry rules.
A person considering open carry should therefore understand both Florida and federal firearms restrictions.
Criminal Charges Involving Open Carry
The fact that open carry may be lawful in many circumstances does not preclude investigation or arrest when law enforcement believes another criminal statute has been violated.
Potential issues can involve:
- Carrying a firearm in a prohibited location
- Armed trespass
- Possession of a firearm by a prohibited person
- Possession during the commission of another offense
- Improper exhibition or use of a firearm
- Firearms discovered during a traffic stop
- Firearms discovered during a search
- Federal firearm possession charges
- Questions concerning whether the person could lawfully possess the firearm
Every firearms case depends on the specific facts and the statute charged.
Armed Trespass and Private Property
One issue Attorney Petro discussed with Bay News 9 concerns private businesses and property owners.
The legality of carrying a firearm does not confer an unlimited right to remain on private property.
If a property owner or authorized representative directs someone to leave, refusing to leave while armed can result in substantially more serious consequences than an ordinary dispute over remaining on the property.
Gun owners should therefore distinguish between the right to lawfully carry a firearm and the separate question of whether they have permission to remain on particular private property.
Federal Firearms Charges
Attorney Petro also represents individuals facing federal firearms charges.
Federal firearm prosecutions can involve allegations concerning:
- Possession of a firearm by a convicted felon
- Possession by another prohibited person
- Firearms connected to drug offenses
- Possession of firearms in furtherance of certain crimes
- Unlawful firearm transactions
- False statements concerning firearm purchases
- Unlicensed dealing in firearms
- Other federal firearm offenses
Federal firearm convictions can carry substantial prison sentences.
A federal firearms case may also involve important constitutional issues concerning the search and seizure that resulted in the discovery of the firearm.
Search and Seizure Issues in Firearms Cases
Many firearms prosecutions begin with a traffic stop, a vehicle search, a search warrant, a street encounter, or a search of a residence.
The fact that police discovered a firearm does not automatically establish that the firearm can lawfully be used as evidence in a criminal prosecution.
Potential Fourth Amendment issues may include:
- Whether the police had lawful grounds for the initial stop
- Whether an officer unlawfully prolonged a traffic stop
- Whether there was probable cause for a search
- Whether consent to search was voluntarily given
- Whether a search warrant was supported by probable cause
- Whether the search exceeded its lawful scope
- Whether an exception to the warrant requirement actually applied
When a firearm was discovered during a potentially unlawful search or seizure, a motion to suppress may become an important part of the defense.
Florida and Federal Firearms Defense
Firearms laws can involve an overlapping combination of Florida law, federal law, constitutional protections, and restrictions based on the location or circumstances in which a firearm was possessed.
A person charged with a firearms offense should not assume that the legality of owning the firearm resolves the criminal case.
The defense may require analysis of possession, location, prohibited-person status, search and seizure, intent, knowledge, and the specific elements of the offense charged.
Experienced Firearms Criminal Defense Attorney
Michael J. Petro has more than 35 years of criminal defense experience and represents individuals facing serious state and federal criminal charges.
His experience includes defending individuals charged with firearms offenses and litigating constitutional issues involving searches, seizures, traffic stops, and the admissibility of evidence.
If you have been arrested or are under investigation for a firearm offense in Florida or are facing federal firearms charges, consulting an experienced Florida firearms defense attorney can help you understand the charge, potential penalties, constitutional issues, and available defenses.
Contact Michael J. Petro to discuss your firearms case.