When it comes to firearm ownership in Florida, understanding the law isn’t optional—it’s critical. At Gans Law, we regularly see cases where otherwise law-abiding gun owners find themselves facing serious criminal charges simply because they didn’t know the rules.
In a recent episode of Badges to Briefcases, Attorney Brandon Gans and former law enforcement officer Ian Wise sat down with firearms instructor Jaylen from Trigger Training Academy to break down the most common mistakes, myths, and legal risks surrounding gun ownership in Florida.
Here’s what every gun owner needs to know.
The #1 Mistake New Gun Owners Make
One of the biggest issues new gun owners face is improper storage and handling—especially not using a holster.
Many first-time gun owners purchase a firearm for protection but fail to think about how they will safely carry it. Carrying a loose firearm in a purse, pocket, or vehicle can lead to accidental discharge or legal issues.
As discussed on the podcast, a simple holster can prevent both safety hazards and potential criminal charges.
Treat Every Gun Like It’s Loaded
This rule cannot be overstated: always assume a firearm is loaded.
Negligent discharges often happen during cleaning or handling when someone mistakenly believes the firearm is unloaded. These incidents can result in serious injury—or even felony charges.
Even experienced gun owners and law enforcement officers have made this mistake. The safest approach is to always treat every firearm as if there is a round in the chamber.
You Can Be Charged Without Firing a Gun
A major misconception is that you must fire a weapon to be charged with a crime. That is not true.
In Florida, simply displaying or pointing a firearm in a threatening manner can lead to charges such as aggravated assault with a deadly weapon.
Even lifting your shirt to show a firearm during a heated argument can be considered “brandishing” and result in an arrest.
The Most Common Way Legal Gun Owners Get Arrested
Surprisingly, many legal gun owners get arrested not because they unlawfully possess a firearm—but because they misuse it in the moment.
Situations like road rage incidents or arguments can escalate quickly. If you introduce a firearm before meeting the legal standard for self-defense, you may be the one facing charges.
Self-defense in Florida must be objectively reasonable, not just based on your personal fear.
Florida Gun Laws: Vehicles Are a Legal Gray Area
One of the most confusing areas of Florida gun law is carrying a firearm in your vehicle.
Improper placement—such as hiding a firearm under a seat—can lead to criminal charges, even if you legally own the gun. This is especially common among younger drivers who panic during traffic stops.
Understanding how a firearm must be stored and accessed in a vehicle is critical to avoiding unnecessary legal trouble.
Where You Cannot Carry a Firearm
Even with Florida’s more relaxed carry laws, there are still strict limitations on where firearms are allowed. These include:
- Schools
- Government buildings
- Federal property
- Certain areas that serve alcohol
Private businesses may also prohibit firearms, and refusing to comply could result in trespassing charges.
Self-Defense & “Stand Your Ground” Explained
Florida’s Stand Your Ground law allows individuals to defend themselves without a duty to retreat—but it does not give unlimited authority to use force.
Key points include:
- You can only use deadly force to protect yourself or others—not property
- You must be lawfully present
- You cannot be engaged in illegal activity
Even when justified, using a firearm can still lead to arrest, investigation, and significant legal expenses.
What To Do After a Self-Defense Incident
After a self-defense situation, many people feel the urge to explain everything to law enforcement. However, this can be a costly mistake.
High-stress situations impact memory and perception. Inconsistent statements—even unintentional—can be used against you later.
The safest course of action is to request an attorney before giving detailed statements.
Responsible Gun Ownership Matters
Firearms can be a valuable tool for protection—but they also carry serious legal responsibility.
From proper storage and handling to understanding when force is legally justified, education is the best way to protect yourself both physically and legally.
At Gans Law, we’ve seen firsthand how quickly a simple mistake can turn into a criminal case.
Need Help With a Gun Charge in Florida?
If you or someone you know is facing a firearm-related charge, don’t wait.
Gans Law focuses exclusively on criminal defense—and we know how to fight these cases.
Flat Rate. Full Defense. Trial Included.
Call today for a free consultation.
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