OPEN CARRY CHARGES DROPPED IN HILLSBOROUGH COUNTY: WHAT IT
MEANS FOR LEGAL GUN OWNERS
In a major turn of events, the Hillsborough State Attorney’s Office has
dropped several pending cases where people were charged with openly carrying a firearm.
This decision comes right on the heels of a
Florida appeals court ruling in September 2025 struck down the state's long-standing open carry ban as unconstitutional. The State Attorney's Office of the 13th Judicial Circuit confirmed they dismissed pending cases related to open display of firearms after the ruling took effect, though such cases were rare to begin with.
For years, Florida law made it a crime to carry a firearm openly in public, except in very limited situations. But the First District Court of Appeal recently said that ban violated the Second Amendment.
Soon after, the Florida Attorney General called open carry the “law of the state.” Local prosecutors, including right here in Hillsborough County, are now moving quickly to dismiss charges
that can’t stand under the new ruling.
What This Means for Pending and Future Cases
- Pending cases may disappear. If you or someone you know is
facing charges for open carry in Tampa or Hillsborough, this ruling is a game changer. Prosecutors are already dismissing cases, and many more will be thrown out as defense lawyers file motions.
- Defense lawyers now have stronger tools. Skilled attorneys are filing motions to dismiss, motions to suppress, and even petitions to wipe out past convictions. Every case is different, but this ruling
opens the door to arguments that didn’t exist just weeks ago.
- Enforcement may still be uneven. Even with the appellate court ruling, not every county will respond the same way. Some law enforcement agencies may continue to make arrests until the Florida Supreme Court or Legislature provides final clarity. That means there’s still risk, and it’s critical to have a lawyer who knows how to
respond.
- Restrictions still apply. Open carry doesn’t mean you can carry anywhere. Schools, courthouses, airports, and other sensitive areas remain off-limits. Violating those rules can still result in serious charges.
How a Firearms Defense Lawyer Can Help
The Second Amendment protects the rights of law-abiding citizens, but those rights are only as strong as the defense you have in court. A dedicated firearms defense lawyer
can:
- Challenge your charges immediately. Filing motions to dismiss based on the new court ruling can end a case before it even goes to trial.
- Protect your record. If you’ve already been convicted, your lawyer may be able to seek post-conviction relief or appeals to clear your name.
- Preserve evidence. From body-cam video to witness statements, critical evidence can disappear quickly. A lawyer makes sure it’s protected.
- Guide you through the law. With rules still evolving, it’s important to know where you can and cannot carry — and how to avoid unnecessary confrontations with law enforcement.
- Stand up for your rights. Beyond individual cases, defense lawyers play a vital role in keeping the Second Amendment strong for all Floridians.
What to Do if You’ve Been
Charged
- Call a firearm defense attorney right away. Timing is everything in these cases.
- Don’t talk about your case online. Social media can and will be used against you.
- Gather your evidence. Receipts, photos, videos,
witnesses — anything that shows what really happened.
- Ask about past convictions. If you were convicted under the old law, there may now be a path to clear your record.
Looking Ahead
This fight isn’t over. The Florida Supreme Court could still weigh in, and the Legislature may try to rewrite parts of the law. But for now, Hillsborough prosecutors are following the appellate ruling, and that means a lot of charges are being
dropped.
If you’re a responsible gun owner facing open carry charges — or if you’ve been convicted in the past — you don’t have to defend yourself alone. The right gun rights lawyer can protect your freedom, your record, and your constitutional rights.
Need Help?
If you or someone you know or love is facing
open carry or firearms charges in the Tampa Bay area or Hillsborough County, call us today for a free and detailed confidential case review. We’ll fight to protect the rights of all Floridians and work aggressively to get charges reduced or dismissed.
