Carrying a Concealed Weapon in Florida
If accused of Carrying a Concealed Weapon in Florida, you need to know the:
- Definition of Carrying a Concealed Weapon
- Penalties for Carrying a Concealed Weapon
- Defenses to Carrying a Concealed Weapon
Definition of Carrying a Concealed Weapon
The crime of Carrying a Concealed Weapon is committed if a person:
- Knowingly carried on or about his or her person a weapon; and
- The weapon was concealed from the ordinary sight of another person.
Definition of a Weapon
A weapon is defined as any dirk, metallic knuckles, sling-shot, billie club, tear gas gun, chemical weapon or device, or other deadly weapon.
The phrase “other deadly weapon” is a commonly litigated issue, because a wide variety of objects that are not commonly considered weapons can be alleged to be a "deadly weapon."
In such cases it will be up to the jury to decide whether an object was being carried as a weapon or for its traditional use.
Penalties for Carrying a Concealed Weapon
The crime of Carrying a Concealed Weapon is a First Degree Misdemeanor. If convicted of Carrying a Concealed Weapon, a judge can impose any combination of the following penalties:
- Up to one (1) year of county jail.
- Up to one (1) year of probation.
- Up to $1,000 in fines.
Defenses to Carrying a Concealed Weapon
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 Weapon. [1]
Additionally, Florida allows out-of-sate visitors who are licensed to carry concealed weapons or firearms in their state of residence to carry concealed weapons or firearms in Florida, provided the other state offers concealed carry reciprocity.
Self Defense Products
It is a defense to the crime of Carrying a Concealed Weapon if the object was carried for purposes of lawful self-defense and is recognized as a lawful Self Defense Product.
Permissible Self Defense products are defined as: [2]
- Self-Defense Chemical Spray; or
- A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
Pocketknife Exception
It is permissible to carry a common pocketknife, plastic knife, or blunt-bladed table knife in a concealed manner, as they are not considered “weapons” under Florida law. [3]
Home or “Place of Business” Exception
A person may lawfully carry a concealed firearm around their home or “Place of Business”. A “Place of Business” includes a place where a person is employed or a trade union, or professional or business organization that the person is a member of. [4]
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 on the proper course of action that can be taken.