Carrying a Concealed Firearm in Florida
If accused of Carrying a Concealed Firearm in Florida, you need to know the:
- Definition of Carrying a Concealed Firearm
- Penalties for Carrying a Concealed Firearm
- Defenses to Carrying a Concealed Firearm
Definition of Carrying a Concealed Firearm
The crime of Carrying a Concealed Firearm is committed if a person:
- Knowingly carried on or about his or her person a firearm; and
- The firearm was concealed from the ordinary sight of another person.
Penalties for Carrying a Concealed Firearm
The crime of Carrying a Concealed Firearm is classified as a Third Degree Felony and is assigned a Level 5 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Carrying a Concealed Firearm, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Carrying a Concealed Firearm
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Carrying a Concealed Firearm are:
Concealed Weapons Permit
A person who possesses a license to carry a concealed weapon or a concealed firearm (commonly referred to as a Concealed Weapons Permit) issued by the State of Florida is immune from prosecution for Carrying a Concealed Firearm. [1]
Additionally, Florida allows out-of-sate visitors who are licensed to carry concealed weapons or firearms in their home state, the right to carry concealed weapons or firearms in Florida provided the other state offers concealed carry reciprocity.
Statutory Excepted Activity
Florida law also provides for several limited exceptions where a person can lawfully carry a concealed firearm without a Concealed Weapons Permit. [2]
These exceptions are primarily related to carrying a firearm as a law enforcement or security officer, but also include civilian activities such as traveling to or from a fishing, camping, or lawful hunting event; transporting a firearm within a private residence; and traveling to or from a gun show or firearms club.
Possession in a Private Conveyance
So long as the firearm is not one your person, a concealed firearm may be kept within the interior of a private vehicle without a permit provided the firearm is either "securely encased or otherwise not readily accessible for immediate use".
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Carrying a Concealed Firearm in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
