F.S. 790.06(12)(a)(12) – Gun Possession at a Bar, Brewery or Nightclub in Fort Lauderdale

A guy with a gun walks into a bar – and now he’s facing criminal charges. That’s how it can go in Florida, regardless of whether the firearm is properly concealed or that you’re otherwise legally allowed to possess it. 

Although Florida is a permitless carry state for firearms, you can still be arrested for carrying a concealed firearm into any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises. 

F.S. 790.06(12)(a)(12) prohibits civilians from carrying guns into the portion of that establishment where alcohol is being served and consumed. In fact, Florida is one of just 15 states (as of this writing) that prohibits concealed carry of guns in bars or other places that serve alcohol. 

That is unequivocally going to include bars, nightclubs and breweries, where there is an expectation that patrons will be served alcohol that will be consumed in locations throughout the premises. But as our Fort Lauderdale criminal defense lawyers can explain, this can also include the bar areas of restaurants, hotels and resorts. This throws people off because you’re acting within the bounds of the law when possessing your gun at one end of the establishment – but violating it in another because people are buying and consuming alcohol there. 

Most Fort Lauderdale nightclubs will have people who pat patrons down and check purses and bags for firearms before they enter. If you have a concealed carry permit (which the Florida Department does still issue, but isn’t strictly necessary) or qualify for one, the worst that will probably happen is you get turned away at the door. However, if you do manage to make it inside a nightclub while carrying a concealed firearm, you are most likely breaking the law. 

That same kind of security usually isn’t present at many bars, breweries, restaurants, hotels or resorts. For the most part, if the gun stays concealed and doesn’t discharge accidentally, the offense of unlawfully carrying a gun in a restaurant or bar is likely to go unnoticed. We’re not in any way condoning this action or saying most people would be fine to take their chances. However, there’s a good chance people carry their concealed firearms to restaurants, bars, and breweries more often than most of us realize – but we just never hear about it because they keep those firearms concealed and it doesn’t become an issue. 

Problems arise when the gun is made visible. This can happen by accident or because the person carrying it intentionally brandished it. And THAT is often going to have far more serious consequences than violation of F.S. 790.06(12)(a)(12). 

Examples of this in recent years:  

• A central Florida man was arrested at a downtown cafe on Halloween because, as part of his costume, he was carrying a loaded firearm. He was charged with two misdemeanor counts of open carrying of weapons. 
• A man was arrested in northern Florida for allegedly pointing a gun at another person at a Mexican restaurant after an argument. The man carrying the gun was charged with aggravated assault with a deadly weapon. 
• In South Florida, a man was arrested in a Taco Bell parking lot after he allegedly pulled a gun on two other patrons in the parking lot, reportedly because he thought their headlights were too bright. He was arrested with two counts of aggravated assault with a deadly weapon. 
• A man in central Florida was arrested for allegedly threatening two bartenders with a firearm because it was closing time. He was charged with aggravated assault, resisting arrest and possession of a firearm by a convicted felon. 
• A man in South Florida was arrested for brandishing a firearm at a restaurant because he felt his online food order was taking too long. He was charged with two counts of aggravated assault with a deadly weapon. 
• A South Florida man was arrested and charged with aggravated assault with a deadly weapon after allegedly pointing a rifle at fellow patrons who he felt wrongly accepted free pizza from the restaurant. 

Aggravated assault with a deadly weapon is a third-degree felony, punishable by up to 5 years in prison and/or 5 years probation and/or a $5,000 fine. You can get mandatory prison time if you actually discharged that firearm, regardless of whether you pointed it at anyone or if anyone was hurt. 

Simple possession of a gun at these locations, meanwhile, is a second-degree misdemeanor. It carries up to 60 days in jail and a $500 fine. You may also be compelled to forfeit your firearm. 

If you’re arrested or cited for unlawfully possessing a gun at a Fort Lauderdale bar, nightclub, restaurant or other establishment, we can help. Our Broward criminal defense attorneys are committed to vigorously defending your civil rights and best interests as you navigate the criminal justice system. Even if we can’t get the charges dismissed entirely, we often have success in negotiating with prosecutors to have the charges and/or penalty significantly reduced. 

Contact the experienced Fort Lauderdale criminal defense lawyers at The Ansara Law Firm, by calling (954) 761-4011 or toll-free at (954) 761-4011.