Carrying a Firearm in Prohibited Place
Under Florida Statute 790.06(12), the crime of Carrying a Weapon or Firearm in a Prohibited Place is committed when a person openly carries a handgun or knowingly and willfully carries a concealed weapon or concealed firearm in a place where carrying a weapon or firearm is prohibited by Florida or federal law regardless of whether the person possesses a concealed weapons permit.
Definition of Prohibited Places
Florida Statute 790.06(12)(a) defines a prohibited place as:
- Any place of nuisance (i.e. illegal gambling hall, brothel, or drug house).
- Any police, sheriff or highway patrol station
- Any detention facility, prison or jail.
- Any courthouse.
- Any courtroom*.
- Any polling place.
- Any meeting of the governing body of a county, public school district, municipality or special district.
- Any meeting of the Legislature or a legislative committee.
- Any school, college or professional athletic event not related to firearms.
- Any school administration building.
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption*.
- Any elementary or secondary school facility.
- Any area technical center.
- Any college or university facility (with stun gun exceptions for students, faculty, and employees).
- Inside the passenger terminal and sterile area of any airport.
- Any place where the carrying of firearms is prohibited by federal law.
Concealed Weapon or Firearm License
The crime of Carrying a Weapon or Firearm in a Prohibited Place applies to every person, regardless of whether they possess a license to carry a concealed weapon or firearm.
However, persons who do not possess a license to carry a concealed weapon or firearm are usually charged with the more serious crimes of Carrying a Concealed Weapon or Carrying a Concealed Firearm.
Penalties for Carrying a Firearm in Prohibited Place
The crime of Improper Exhibition of a Weapon is a Second Degree Misdemeanor and if convicted of Carrying a Weapon or Firearm in a Prohibited Place, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Defenses to Improper Exhibition of a Weapon
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Carrying a Weapon or Firearm in a Prohibited Place is:
Accidental Possession
Because carrying a weapon or firearm must be done knowingly and willfully, it is a defense to the crime of Carrying a Weapon or Firearm in a Prohibited Place if the possession was the result of an accident or oversight.
A typical accidental situation occurs when a person with a concealed weapons permit forgets their weapon or firearm was stored in a personal bag when packing for a trip and attempts to pass through security at an airport or other prohibited place.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Carrying a Weapon or Firearm in a Prohibited Place 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.