Gun ownership comes with legal responsibilities. It’s important to know about Fort Myers firearm laws and possible defenses.
Firearm Laws
As of 2026, Florida allows qualifying adults to carry a concealed firearm without a license. Open carry of your weapon is generally prohibited in Florida, unless you’re actively engaged in or traveling to or from camping, fishing, hunting, or lawful target practice.
Even with a permit, carrying a firearm is strictly prohibited in the following locations:
- Schools
- Bars
- Government meeting
- Polling places
- Courthouses
- Airports
Storing Weapons
You must store a loaded weapon in a locked box or with a trigger lock if you know that a minor under age 16 could gain access to your weapon. You could be charged criminally if you fail to do so, and a minor uses the weapon and an injury or death occurs.
Also, as of October 1, 2026, handguns in unsecured, unoccupied vehicles must be:
- Hidden from view,
- Secured with a locking device,
- Kept in a locked trunk, or
- Glove box
Using Force
Under Florida law, you are permitted to use force to protect yourself, as long as you’re not engaged in criminal activity. You’re not required to escape from a place you have a legal right to be before using force, including using deadly force.
You are presumed to have a reasonable fear of death or even great bodily harm if someone is entering your dwelling, home, or occupied vehicle, which makes using force to protect yourself reasonable. However, using deadly force is only justified if you reasonably believe it’s necessary to prevent great bodily harm, imminent death, or to prevent a forcible felony like a sexual battery.
Possible Defenses
If you have been arrested, an attorney may argue:
- Fourth Amendment Violations. If law enforcement discovers a firearm through an unlawful search that violates your Fourth Amendment rights. Your attorney can argue the police lacked a valid warrant, your explicit consent, or clear probable cause. The weapon may be considered inadmissible and may be suppressed as evidence in a Florida court.
- Constructive Possession. If a gun is found nearby but not “on your person,” your attorney can argue you had no knowledge it was there. Under Florida Statute 790, the State must prove you knew the weapon was there and controlled it.
- Mistaken Identity. Your attorney can argue you weren’t actually the person in possession of the weapon and that witnesses or the police have identified the wrong individual.
- Stand Your Ground. Under Florida Statute 776.012, you’re not required to retreat if you have a legal right to be somewhere. Your attorney can argue you were justified in using deadly force if you reasonably believed force was necessary to prevent great bodily harm, imminent death, or a forcible felony.
- Defense of Others. If it’s necessary to protect another person from great bodily harm, imminent death, or a forcible felony, your lawyer can assert you were justified in using deadly force.
- Castle Doctrine. If an intruder forcibly invades your “castle,” you can use defensive force to protect yourself if you believe you need to protect yourself if you have a reasonable fear of death or injury.
Hire a Gun Crime Lawyer: Choose The Caldarone Law Group, P.A.
Choosing the right lawyer to defend your Second Amendment rights is an important decision. I am attorney Justin P. Caldarone, the founding attorney at The Caldarone Law Group, P.A. I look past an arrest record to see the person behind the case, and I provide a customized defense for every client. I treat you with the respect and individualized attention you deserve.
From the River District to Fort Myers Beach, I hold the Fort Myers Police Department accountable. I know that local law enforcement can make mistakes. I work relentlessly to protect your right to bear arms. If you’re ready to work together to build a defense, give me a call for your free consultation.
FAQs
Do Many Gun Crimes Charges Filed in the U.S.?
Across the country, there are many open cases involving gun crimes. As a result, there are many people who might need help from a lawyer if they’re facing weapons charges. In this country, approximately 2 million individuals are part of our nation’s 1,664 federal and state prisons.
However, only 8.2 percent of people facing criminal charges have their cases dismissed pre-trial, according to the Administrative Office of U.S. Courts. To discuss your own pre-trial options, call me.
Do I Need a Lawyer for a Gun Crime Arrest in Fort Myers, Florida?
No, you’re not technically required to hire a lawyer after a gun crime arrest in Florida. However, most people consult a lawyer to discuss their legal options after an arrest. When you hire a lawyer, they can investigate whether your rights were violated during your arrest, whether the State has sufficient evidence for a conviction, and whether you can avoid facing the most serious penalties for a gun-related charge. Call me to discuss your specific charges and my available assistance.
What Kind of Help Can a Florida Lawyer Provide for a Gun Crime Case?
A Florida lawyer can provide substantial help for a gun crime case. They can help you avoid the most severe penalties like Florida’s mandatory minimum sentences under our state’s 10-20-LIFE law. A lawyer can scrutinize the prosecution’s case for constitutional violations. They can file motions to suppress evidence and explore any legal defenses that can help your defense.
What Should I Look for in a Gun Crimes Lawyer?
When you’re thinking about hiring a gun crimes lawyer, you should consider one who is knowledgeable about current laws. They should have extensive experience handling weapons cases and a track record of success for their past clients. They should understand which legal defenses apply in different scenarios. They should be a zealous advocate for you in court, but they should be compassionate when speaking with you in their office.
Experienced Legal Representation in Fort Myers
When you hire a gun crime lawyer at The Caldarone Law Group, P.A., you can trust that you are getting a knowledgeable gun crimes lawyer with experience in Fort Myers and the surrounding communities. Contact me to schedule an initial consultation.
