“Walking While Armed”: When Legal Gun Shopping Becomes a Police Target

By: John Guidry

We all agree that America is the Land of the Free, but just how free are we?

• The Reality: The NSA monitors our calls. Local cops monitor our streets.
• The Result: Some folks argue that if the cops follow you long enough, they will come up with something.

That is exactly what happened in Pamphile v. State, 110 So. 3d 517 (Fla. 4th DCA 2013). Pamphile was doing something perfectly legal: Shopping at a Gun Show.

Did the police stop you based on a “hunch” rather than facts?

A hunch is not legal grounds for a stop. Call John today at (407) 423-1117.

The Setup: Taxpayer Dollars at Work

A massive task force (ATF, Sheriff’s Office, West Palm Beach PD) was monitoring the Gun Show to stop “Straw Purchases” (buying a gun for someone else).

• The Target: They watched Pamphile. He entered with a friend, they split up to shop (suspicious?), and Pamphile bought an AK-47.
• The “Crime”: He openly carried the rifle to his car (as required at gun shows). He drove away.
• The Stop: Police pulled him over a half-mile down the road.
• The Arrest: They found a fraudulent California Driver’s License.

The Defense: Pamphile’s lawyer filed a Motion to Suppress.

• The Argument: The police had no valid reason to pull him over. Everything they saw was legal behavior. Therefore, the stop was illegal, and the fake ID evidence must be thrown out.

The Breakdown: Cop Excuses vs. The Law

To stop a citizen, police must have Reasonable Suspicion that a crime has occurred. Here is how the Court dismantled the cops’ four excuses for the stop:

Excuse #1: “They Split Up”

• The Cop: Pamphile arrived with a friend but split up to shop. This indicates a “Straw Purchase.”
• The Court: Rejected. People split up to shop all the time. If this were a crime, every husband and wife at the mall would be detained. Unless they saw money exchange hands, this is not suspicious.

Excuse #2: “He’s Going to New York”

• The Cop: Agents overheard him say he was taking the gun to New York.
• The Court: Rejected. It is legal to transport a gun to another state if procedures are followed. Mere travel is not evidence of a crime.

Excuse #3: “He Didn’t Wait 5 Days”

• The Cop: There is a waiting period for buying guns. He left with it immediately.
• The Court: Rejected. If you have a Concealed Weapons Permit (CWFL), you are exempt from the waiting period. The agents admitted they weren’t watching the transaction closely enough to see if he showed a permit. You can’t assume he broke the law just because you weren’t paying attention.

Excuse #4: “He Openly Carried the Gun”

• The Cop: He carried the AK-47 openly in the parking lot. Open Carry is illegal.
• The Court: Rejected. Have you read the law? Florida Statute 790.25(3)(m) allows a person to open carry an unloaded firearm “from the place of purchase to his or her home.” He was doing exactly what the law allows.

The Verdict: Because every “excuse” was legal behavior, the stop was illegal. The felony charges were thrown out.

John’s 2026 Update: Permitless Carry & ALPRs

Note: In 2013, police had to watch you with binoculars. In 2026, the cameras do the work.

1. Permitless Carry (The New Standard) In 2023, Florida passed HB 543, allowing “Permitless Carry.”

• The Impact: Today, seeing someone with a concealed firearm is even less likely to generate Reasonable Suspicion than in Pamphile.
• The Waiting Period: However, the 3-to-5 Day Waiting Period still applies unless you have a Concealed Weapons License. So, if Pamphile tried this today without a physical card, the “Excuse #3” might actually stick if the cops checked the database and saw he had no license.

2. Automated License Plate Readers (ALPR) In Pamphile, they followed him for miles waiting for a mistake.

• The 2026 Trap: Today, the police car behind you has an ALPR camera.
• The Reality: They don’t need to invent a “Straw Purchase” theory. The camera scans your plate. If the registered owner has a suspended license or an expired tag, they stop you for that immediately. The “pretext stop” is now automated.

3. Gun Show “Zero Tolerance” The ATF has tightened regulations on private sellers significantly since 2013.

• The Risk: While Pamphile won, Federal Agents at gun shows today are using Facial Recognition to scan crowds for known felons. If you are a prohibited person, simply touching a firearm at a vendor table can be enough for an arrest, even if you don’t buy it.

Legal Behavior is Not Suspicious

Just because the government thinks you might be up to something doesn’t give them the right to detain you. We fight to make sure “Reasonable Suspicion” remains based on facts, not paranoia.

Call me at (407) 423-1117. Let’s suppress the stop.

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.