“Is That a Gun in Your Pocket?”: Why You Can Conceal Carry in Your Own Home (Even Without a Permit)

By: John Guidry

Orlando has seen its share of firearm charges, though Chicago has us beat by a factor of one bazillion. Keeping with the real estate slogan “Location, Location, Location,” firearm charges often hinge entirely on where the gun was found.

• The Big Two: The most common felony charges are Possession of a Firearm by a Convicted Felon and Carrying a Concealed Firearm.

Location Matters:

• Driving While License Suspended: If you drive in your own driveway, it’s not a crime (private property).
• DUI: If you are drunk in your car in your own driveway, it IS a crime (DUI can happen anywhere).
• Concealed Weapons: What if you are carrying a hidden gun in your own kitchen?

Let’s look at the real-life example found in Santiago v. State, 77 So. 3d 874 (Fla. 4th DCA 2012).

Were you arrested for having a gun in your own house?

Your home is your castle. Call John today at (407) 423-1117.

The Case: Santiago v. State (The Drug Dealer’s Pocket)

Santiago was busted at his home when he sold cocaine to an undercover officer.

• The Scene: In classic movie fashion, Santiago pulled a gun from his pocket to show it off, then put it back.
• The Arrest: Later, police searched the home, found the gun, and charged him with Carrying a Concealed Firearm.
• The Conviction: He went to trial and was sentenced to 10 years in prison.

The Jury Question (The Head-Up Play): During deliberations, the jury asked a brilliant question:

“Does ‘concealed’ apply to a person in his own residence?”

The Judge’s Mistake: The Judge overruled the attorneys and told the jury:

“Yes, concealed does apply. It is illegal for a person to walk around in their own home with a concealed weapon… in the presence of other people.”

The Ruling: The Home Exception

The Appeals Court overturned the conviction. Why? Because the Judge was dead wrong.

Florida Statute 790.25(3)(n) This statute creates a specific exception for “Possessing weapons or firearms at his or her home or place of business.”

• The Rule: You do not need a concealed weapons permit to carry a hidden gun inside your own home or business.
• The Logic: You cannot be criminalized for protecting your own castle. Whether it is on your hip, in your pocket, or under the sofa cushion, if it is in your house, it is legal (assuming you aren’t a felon).

John’s 2026 Update: Permitless Carry & The “Doorstep” Trap

Note: In 2012, Santiago needed a specific exception to carry at home. In 2026, most adults can carry almost anywhere.

1. The “Permitless Carry” Law (2023) Since July 1, 2023, Florida allows Permitless Carry (often called Constitutional Carry).

• The Change: You no longer need a government license to carry a concealed firearm in public.
• The Result: For most law-abiding adults, Santiago is less critical because you can carry in your living room and the grocery store. However, Santiago remains the safety net for those who fall into gray areas of the new law.

2. The “Common Area” Trap (Apartments) Santiago protects you “at home.” But where does “home” end?

• The Danger: If you live in an apartment complex, your “home” is your unit. The hallway, breezeway, and parking lot are NOT your home.
• The 2026 Reality: If you step out into the hallway with a gun in your pocket, you are now “carrying in public.” While Permitless Carry makes this legal for most, if you are under 21 or have certain disqualifiers, you just committed a felony the moment you crossed your threshold.

3. Medical Marijuana & Guns

• The Conflict: Federal law still says marijuana users cannot possess firearms.
• The Defense: If you have a Medical Marijuana card and a gun, prosecutors might argue you are a “prohibited person” and thus disqualified from Permitless Carry. We use Santiago to argue that even if you can’t carry in public, your right to possess inside your home (Section 790.25) is absolute and predates the new carry laws.

Know Your Boundaries

The law protects your home differently than the street. But don’t assume that protection extends to the sidewalk or the car. Know where the “Castle” ends.

Call me at (407) 423-1117. Let’s defend your ground.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.