For a police officer, a deputy, a soldier, or an armed security guard, a domestic violence arrest is a career problem before it is a criminal case. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former police academy instructor, and an on-call attorney for the Tampa PBA and the Suncoast PBA, I have spent more than 25 years in Hillsborough County courtrooms, and I know how quickly a plea offer that sounds harmless can end the right to carry a gun. Our attorneys look at every domestic violence case through two lenses at once: the criminal charge, and what any resolution will do to a client’s firearm rights, license, and job.

What Federal Law Bans Guns After a Domestic Violence Conviction?

Federal law makes it a crime for anyone convicted of a “misdemeanor crime of domestic violence” to possess, ship, or receive a firearm or ammunition. The ban is 18 U.S.C. § 922(g)(9), often called the Lautenberg Amendment, and the definition sits in 18 U.S.C. § 921(a)(33). A misdemeanor qualifies if it has the use or attempted use of physical force, or the threatened use of a deadly weapon, as an element, and it was committed against a person in one of the relationships the statute lists.

The domestic relationship does not have to appear in the name of the Florida charge. In United States v. Hayes, 555 U.S. 415 (2009), the Supreme Court held that a West Virginia battery conviction could trigger the ban because the victim was the defendant’s wife, even though the battery statute said nothing about a domestic relationship. The Eleventh Circuit, which covers Florida, applied that rule to a Florida plea in United States v. Johnson, 981 F.3d 1171 (11th Cir. 2020): a Duval County man charged with domestic battery by strangulation and assault pleaded guilty to simple misdemeanor battery under section 784.03, and the court held that plea was a qualifying domestic violence conviction because the victim was his wife. Pleading down to plain battery does not avoid the federal ban.

The federal government enforces this ban at every gun counter. From November 30, 1998, through September 30, 2026, the FBI’s background check system issued 212,945 denials for misdemeanor domestic violence convictions and 86,481 more for domestic violence protection orders, according to the FBI’s National Instant Criminal Background Check System federal denials report.

Does a Withhold of Adjudication Count for the Federal Gun Ban?

Whether a Florida withhold of adjudication counts as a conviction for the federal domestic violence gun ban is not settled, which makes any plea a risk. The ATF regulation, 27 C.F.R. § 478.11, says a person is not convicted unless “the person is considered to have been convicted by the jurisdiction in which the proceedings were held.” Florida’s general rule is that a withhold is not a conviction: in Clarke v. United States, 184 So. 3d 1107 (Fla. 2016), the Florida Supreme Court held that a guilty plea with adjudication withheld is not a conviction under the felon-in-possession statute, because that statute does not say otherwise. Florida’s domestic violence laws often do say otherwise. Since July 1, 2026, section 741.2801 counts a withhold or no contest plea as a prior domestic violence conviction, and the sealing bar in section 943.0584 does the same.

In practice, a withhold on a domestic battery case can still lead to a background check denial or a long delay while an examiner researches the record. A 2016 report by the U.S. Government Accountability Office found that domestic violence conviction checks were the slowest category the FBI handled: in fiscal year 2015 the FBI completed 90 percent of those denials within seven business days, because the information needed was often not in the national databases and examiners had to contact state agencies. Our attorneys treat a plea to any force offense against a covered family member as a potential lifetime ban and plan the defense around avoiding one.

Are Police Officers and Soldiers Exempt From the Domestic Violence Gun Ban?

No. Police officers, deputies, corrections officers, and members of the military have no exemption from the misdemeanor domestic violence gun ban, including for a duty weapon. Federal law exempts government-issued firearms from most of the federal gun statutes, but 18 U.S.C. § 925(a)(1) expressly carves out section 922(g)(9). An officer with a qualifying conviction cannot lawfully carry a service weapon, which in most agencies means the officer cannot keep the job.

A domestic violence injunction works differently, and the difference matters. A final injunction issued after a hearing can trigger a separate federal ban under section 922(g)(8), and Florida’s section 790.233 makes it a first-degree misdemeanor to possess a firearm while a final domestic violence injunction is in force. Both rules leave room for an officer’s duty weapon, because the government exemption in section 925(a)(1) still applies to injunction cases and section 790.233 exempts a certified officer carrying a firearm for official duties unless the agency says otherwise. The criminal conviction is the one with no exception.

Can a Police Officer Lose Certification Without a Domestic Violence Conviction?

Yes. Florida’s Criminal Justice Standards and Training Commission can discipline a certified officer for conduct that amounts to battery, assault, stalking, or violating an injunction, even if the State never files a charge. Under Florida Administrative Code Rule 11B-27.0011(4)(b), an officer fails the moral character standard by pleading guilty to one of those offenses “notwithstanding any suspension of sentence or withholding of adjudication,” or by “the perpetration by an officer of an act that would constitute” one of them “whether criminally prosecuted or not.” The listed statutes include sections 784.011 (assault), 784.03 (battery), 784.048 (stalking), and 741.31 (injunction violations).

That means an officer’s defense has two tracks: the criminal case and the agency’s internal investigation, which can move on its own schedule. Statements made in one can surface in the other. When a PBA member calls our firm after a domestic arrest, we coordinate the criminal defense with the union representative from the start, and we plan the internal affairs interview before it happens. Our post on criminal defense for law enforcement officers in Tampa covers the broader process.

What Happens to a Florida Concealed Weapon License After a Domestic Violence Arrest?

A Florida concealed weapon license is suspended after an arrest or formal charge for a disqualifying crime until the case is resolved, and a domestic violence plea can block it for years. Under section 790.06, the Department of Agriculture and Consumer Services must deny a license to anyone who had adjudication withheld on a misdemeanor crime of domestic violence until three years after probation ends, to anyone subject to an active domestic violence injunction, and to anyone barred from owning a gun under federal law. The license count shows how many people this reaches: Hillsborough County had 127,042 active concealed weapon licenses as of August 31, 2025, according to the Florida Department of Agriculture and Consumer Services.

Which Outcomes Protect Your Gun Rights in a Domestic Violence Case?

The outcomes that protect gun rights are the ones with no plea to a force offense against a covered family member: no charge filed, a dismissal, an acquittal, or, in some cases, a plea to an offense without a force element. The table shows how each common outcome plays out.

Every one of these outcomes is decided in negotiation or at trial, and the leverage is greatest before the State files. Our pre-file advocacy work puts the evidence in front of the prosecutor early, and when a plea is on the table, we check the exact statute and wording against the federal definition before a client signs anything. Our Tampa domestic violence defense attorney page and our Tampa gun crimes lawyer page explain how we handle each side of these cases.

What Should Officers and Gun Owners Do After a Domestic Violence Arrest?

The first week after a domestic violence arrest decides most of what happens to a gun owner’s rights and career, so these steps come first:

1. Follow every bond and injunction condition on firearms exactly. If a judge orders guns surrendered, surrender them the way the order requires and keep the receipt.
2. Do not give a statement to investigators about the incident, and talk to counsel and your union representative before any internal affairs interview.
3. Do not contact the alleged victim while a no-contact order is in place, even if they reach out first.
4. Save evidence: texts, call logs, photos of your own injuries, and names of witnesses.
5. Hire a lawyer before the filing decision. The State has 30 days to file if you are in jail and 60 if you are on bond, and the work that protects a career happens before then.

Domestic Violence and Gun Rights FAQs

Can I own a gun if my domestic violence charge is dropped in Florida?

Yes. A dropped or dismissed domestic violence charge is not a conviction, so it does not trigger the federal ban under section 922(g)(9), though an active injunction or bond condition can still restrict guns while it lasts. The Brancato Law Firm works to get domestic violence cases declined before filing, which is the cleanest result for a gun owner. Learn more about our representation before charges are filed.

Does a withhold of adjudication on domestic battery stop me from buying a gun?

It can. Whether a Florida withhold counts as a conviction under the federal ban is unsettled, and a withhold on a misdemeanor crime of domestic violence bars a Florida concealed weapon license until three years after probation ends under section 790.06. Our attorneys at The Brancato Law Firm review any proposed plea against both the federal definition and the Florida licensing rules before a client accepts it.

Can a police officer carry a duty weapon after a domestic violence conviction?

No. The federal misdemeanor domestic violence ban has no exception for government-issued firearms, so a qualifying conviction bars an officer from carrying a service weapon. The Brancato Law Firm, on call for the Tampa PBA and the Suncoast PBA, defends officers with that consequence in view from the first phone call; see our law enforcement officer defense post.

Can a domestic violence conviction be expunged in Florida to restore gun rights?

No. Under section 943.0584, a domestic assault or battery that ends in a plea or verdict, even with a withhold, cannot be sealed or expunged in Florida, so expunction is not a path back to gun rights. Because the options after a plea are so limited, The Brancato Law Firm focuses on the outcome before any plea is entered.

Does a temporary injunction take away my guns in Florida?

Florida’s possession ban in section 790.233 and the federal ban in section 922(g)(8) apply to final injunctions issued after a hearing, not to a temporary injunction entered without one. The Brancato Law Firm prepares clients for the final hearing, where the injunction, and the gun ban that comes with it, is decided.

Does the 2022 “boyfriend loophole” change apply to me?

It applies only to domestic violence convictions entered on or after June 25, 2022, when federal law added current or recent former dating partners to the ban. Our attorneys at The Brancato Law Firm check the date and the relationship in every case, because a person with one dating-relationship conviction can regain federal gun rights after five years if no other disqualification applies. The statute is 18 U.S.C. § 921(a)(33)(C).

For more about our defense strategies, visit our Domestic Violence page.

A plea offer at arraignment can end a career, so get advice before you answer it. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review the arrest, the firearm consequences, and your job’s rules before the State decides what to file. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

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.

If you were arrested in Tampa for carrying a gun in the wrong place, or you want to avoid that arrest, the rules below are what matter. The law changed twice in two years. Florida allowed permitless concealed carry starting July 1, 2023, and the open carry ban fell in September 2025. Many gun owners now believe they can carry anywhere, and that belief is behind a steady stream of arrests. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, and our attorneys defend gun charges ranging from carrying in a prohibited place to possession of a firearm by a convicted felon.

Our firm does not take sides on whether these changes are good policy. Our job is to explain the law as it stands and to defend people charged under it.

Is open carry legal in Florida in 2026?

Yes. On September 10, 2025, the First District Court of Appeal decided McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), an appeal from an Escambia County conviction for openly carrying a firearm. The court applied the U.S. Supreme Court’s test from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), which asks whether a gun regulation fits the nation’s historical tradition. The court held that section 790.053, Florida Statutes, the open carry ban, violates the Second Amendment for “ordinary, law-abiding, adult citizens.” The opinion states: “Section 790.053, Florida Statutes, is therefore declared unconstitutional.”

The court added a limit that matters in practice: “That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”

The Attorney General did not seek rehearing or Florida Supreme Court review. His September 15, 2025 guidance memo called the decision “the law of the State” and said his office would “no longer defend convictions and prosecutions under Section 790.053(1).” The same memo said the felon ban, improper exhibition, the sensitive-place limits “whether carry is open or concealed,” and armed trespass all remain in force.

One technical point. Section 790.053 is still printed in the 2026 Florida Statutes, because the Legislature has not repealed it. Bills to rewrite the carry laws after McDaniels, including HB 321 and SB 406, died in committee in March 2026. The statute is unenforceable because of the court ruling, not because of a change in the text.

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

No, not for most adults. Since July 1, 2023, section 790.01, Florida Statutes allows a person to carry a concealed firearm without a license if he or she meets the criteria for a license under section 790.06. A person who carries a concealed firearm without meeting those criteria commits a third-degree felony.

Permitless carriers have two obligations under section 790.013, Florida Statutes. They must carry valid identification and show it to an officer on demand, and failing to do so is a noncriminal violation with a $25 fine. They are also bound by the same prohibited places as license holders.

Many Floridians still carry a license, which matters for carrying in other states. According to the Florida Department of Agriculture and Consumer Services, 2,372,712 people held a Florida concealed weapon or firearm license as of August 31, 2025, including 127,042 in Hillsborough County, 81,306 in Pinellas County, and 64,759 in Pasco County.

Where is it illegal to carry a gun in Florida?

It is illegal to carry a firearm, openly or concealed, into the 15 categories of places listed in section 790.06(12)(a), Florida Statutes. A knowing and willful violation is a second-degree misdemeanor under section 790.06(12)(d).

Under section 790.06(12)(b), a person may still carry or store a firearm in a vehicle for lawful purposes. The federal ban in item 15 includes federal facilities and federal courthouses under 18 U.S.C. § 930.

In Tampa, the prohibited places that catch people most easily are the ones they pass through without thinking: the Hillsborough County Courthouse security line, the passenger terminal at Tampa International Airport, a bar area at a restaurant, and Raymond James Stadium on game day. Our post on carrying a gun at a Tampa Bay Buccaneers game covers the stadium in detail.

What about schools and private businesses?

Schools have their own statute. Under section 790.115, Florida Statutes, possessing a firearm on school property, at a school-sponsored event, on a school bus, or at a school bus stop is generally a third-degree felony, but it is a second-degree misdemeanor for a person otherwise authorized to carry under section 790.01. There is an exception for a firearm kept in a vehicle under section 790.25. A common misconception is that Florida bans possession within 1,000 feet of a school. It does not. The 1,000-foot rules cover displaying a weapon in a threatening manner and discharging a firearm.

Private property owners set their own rules. If a business tells you to leave because you are armed and you stay, you can be charged with trespass, and armed trespass is a felony under section 810.08, Florida Statutes. Open carry also does not permit showing a firearm “in a rude, careless, angry, or threatening manner,” which is improper exhibition under section 790.10, Florida Statutes.

Who still cannot carry a gun in Florida?

McDaniels changed how eligible adults may carry, not who may carry. Florida and federal law still bar these groups from possessing firearms:

The felon ban does not apply to a person whose civil rights and firearm authority have been restored. Our firm does not handle restoration petitions, but we explain the process in Can a Convicted Felon Own a Gun in Florida? For marijuana users, see Can You Own a Gun If You Use Marijuana in Florida?

Can 18 to 20 year olds carry a gun in Florida?

The answer changed in 2026 and depends on what the person wants to do. Florida still bans people under 21 from buying a firearm from a dealer under section 790.065(13), Florida Statutes. The full Eleventh Circuit upheld that ban in National Rifle Association v. Bondi, 133 F.4th 1108 (11th Cir. 2025) (en banc), and the U.S. Supreme Court declined to review it on June 30, 2026. A bill to lower the purchase age to 18, HB 133, passed the Florida House and died in the Senate in March 2026.

Carrying is different. In Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA June 17, 2026), the Fourth District held that the age-21 requirement for a concealed carry license in section 790.06(2)(b) is “facially unconstitutional as it applies to people aged 18 to 20.” Because permitless carry under section 790.01 borrows the license criteria, Eubanks affects who can carry without a license as well. The law in this area is unsettled, and anyone between 18 and 20 should get advice before carrying.

What do researchers say about Florida’s carry laws?

Researchers are still studying the effects. RAND’s January 2026 review, The Science of Gun Policy, Fifth Edition, rates the research evidence on concealed carry laws and other gun policies by strength and is one of the most widely cited neutral summaries. For defendants, the research matters less than the statute book. Prosecutors charge what the law says, and the law is changing faster than most gun owners can follow.

How do our attorneys defend Florida gun charges?

Our attorneys defend Florida gun charges by testing every element the State has to prove: that the person possessed the firearm, knew it was there, was in a prohibited place or was a prohibited person, and was lawfully stopped and searched. Visit our Tampa gun crimes attorney page for more. Common defenses include:

1. Unlawful stop or search. A carry arrest often begins with a traffic stop or a pat-down. If the stop or search violated the Fourth Amendment, a motion to suppress can remove the firearm from evidence.
2. Constructive possession. When a gun is found in a shared car or home, the State must prove the person knew of it and could control it.
3. The location was not on the list. The statute is specific. A restaurant dining room is not the bar area, and a parking lot is not the terminal.
4. Knowing and willful. The section 790.06(12) misdemeanor requires a knowing and willful violation.
5. Lawful vehicle carry. Section 790.06(12)(b) protects carrying or storing a firearm in a vehicle for lawful purposes.

These defenses work. In January 2025, our firm obtained dismissal of both a cocaine charge and a firearm charge within days after low bonds at first appearance and quick work with the intake prosecutor. In September 2026, a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia was accepted into diversion after a mitigation report and a possession motion, avoiding a felony and likely deportation. See our case results page. Past results do not guarantee future outcomes. For an overview of every Florida gun offense, read What Are the Gun Crime Laws in Florida?

Frequently asked questions about carrying a gun in Florida

Can I open carry a gun in my car in Florida?

Yes. A person may carry or store a firearm in a vehicle for lawful purposes under section 790.06(12)(b), and eligible adults may now carry openly after McDaniels. The Brancato Law Firm sees many arrests that begin with a traffic stop, so we review the stop and any search first.

Can a convicted felon open carry in Florida?

No. A convicted felon may not possess any firearm, openly or concealed, unless civil rights and firearm authority have been restored, and possession is a second-degree felony under section 790.23. Our attorneys at The Brancato Law Firm defend felon-in-possession charges, often by challenging whether the State can prove knowing possession. Learn more on our Tampa gun crimes defense page.

Can I carry a gun into a restaurant that serves alcohol in Florida?

You may carry in the dining area, but not into the part of the establishment that is primarily devoted to serving alcohol on premises, under section 790.06(12)(a)12. The Brancato Law Firm has seen this line drawn differently by different officers, which is why the layout of the business matters in a defense.

Can I bring a gun to Tampa International Airport?

You may carry an encased firearm to check as baggage, but you may not carry a firearm inside the passenger terminal or sterile area under section 790.06(12)(a)14. Our attorneys at The Brancato Law Firm defend travelers whose firearm was found at a checkpoint, where federal and state consequences can overlap.

Is the McDaniels open carry ruling binding in Hillsborough County?

Yes, for now. Under Florida law, a district court of appeal decision binds trial courts statewide unless another district disagrees, and no other district has disagreed with McDaniels, although the Second District has not yet ruled on the question. The Brancato Law Firm tracks these appellate decisions because they decide which charges can still be filed.

What happens if I carry a gun into a prohibited place by mistake?

The section 790.06(12) offense requires a knowing and willful violation, so a true mistake is a defense, although the State will argue the signs or circumstances gave notice. Our attorneys at The Brancato Law Firm investigate signage, layout, and what the client was told before the arrest. Read our pre-file advocacy page to learn how we can intervene before a charge is filed.

Charged with a gun crime in Tampa?

Gun charges move quickly, and the first decisions about bond and filing are made within days of the arrest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato. Our attorneys can appear at first appearance, contact the assigned prosecutor before charges are filed, and start testing the stop and search right away. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Learn about our Spanish and Haitian Creole criminal defense.

For more about our defense strategies, visit our Tampa Gun Crimes Defense page.

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.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.

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.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa drug crimes defense practice and our Tampa gun crimes defense practice.

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

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa gun crimes defense practice.

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.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa gun crimes defense practice.

What Florida Law Actually Says

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.