Except for a few select locations, a Florida resident is allowed to carry a concealed firearm or weapon so long as he or she has obtained a concealed weapon license from the Florida Department of Agriculture and Consumer Services. However, a person who carries a concealed firearm or weapon without such a permit faces extremely serious criminal charges.
People are frequently arrested for this crime when they had absolutely no criminal intent. For instance, a person lawfully transporting a legally obtained firearm locked away in the glove compartment of his or her automobile may still be charged with this offense.
West Palm Beach Carrying a Concealed Weapon Lawyer
Have you been arrested for carrying a concealed firearm or weapon in South Florida? Working with experienced legal counsel can dramatically help you achieve the best possible outcome to your case.
The Palm Beach County carrying a concealed weapon attorneys at Meltzer & Bell, P.A. assist clients facing these charges in Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, and several other nearby communities. Our firm will provide a complete evaluation of your case as soon as you call (561) 557-8686 to schedule a free, confidential consultation.
Florida Carrying a Concealed Weapon Overview
- Is there a difference between carrying a concealed weapon and a concealed firearm?
- What are the consequences of a conviction on these charges?
- Does an alleged offender have any possible defenses in these cases?
Under Florida Statute § 790.01, there are two criminal charges for an unlicensed person carrying concealed weapons:
- First-Degree Misdemeanor — If a person carries a concealed weapon or electric weapon or device on or about his or her person
- Third-Degree Felony — If a person carries a concealed firearm on or about his or her person
Florida Statute § 790.01(4) notes that it is not a violation for a person to carry the following in a concealed manner for purposes of lawful self-defense:
- A self-defense chemical spray
- Nonlethal stun gun
- Dart-firing stun gun
- Other nonlethal electric weapon or device that is designed solely for defensive purposes
Prosecutors take these criminal charges very seriously and will aggressively pursue lengthy terms of imprisonment for alleged offenders. Depending on the specific offense, a conviction can possibly result in:
- First-Degree Misdemeanor — Up to one year in jail and fine of up to $1,000
- Third-Degree Felony — Up to five years in prison and fine of up to $5,000
In the case of carrying a concealed firearm, a felony conviction would actually result in the alleged offender being prohibited under Florida Statute § 790.23 from owning or having in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device. He or she would have to wait eight years before being eligible to apply for Restoration of Firearm Authority with the Florida Office of Executive Clemency.
These types of cases are rarely black and white matters. Oftentimes, alleged offenders have multiple aspects unique to their circumstances that may allow for defenses that include, but are not limited to:
- Alleged firearm or weapon was not readily accessible
- Alleged firearm or weapon was within ordinary sight
- Alleged offender had a Florida Concealed Weapon License
- Alleged offender was an officer or employee of Florida or United States duly authorized to carry a concealed weapon
- Alleged offender was an out-of-state visitor who was licensed to carry concealed firearms or weapons in a state recognized by Florida
- Alleged offender was carrying a concealed pistol unloaded and in a secure wrapper from the place of purchase to his or her home or place of business or to a place of repair
- Alleged offender was an unlicensed person 18 years of age or older who possessed a securely encased or not readily accessible for immediate use concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance
- Alleged weapon or firearm was not under the exclusive control of the alleged offender
- Lack of evidence
Find a Carrying a Concealed Weapon Lawyer in Palm Beach County
If you have been charged with carrying a concealed firearm or weapon in South Florida, it is critical to get legal representation as soon as possible for favorable progress in negotiations with prosecutors. Meltzer & Bell, P.A. represents clients in Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington, and many surrounding areas.
Our firm has criminal jury trial experience both as prosecutors and public defenders, and we make ourselves accessible 24 hours a day, seven days a week. You can have our West Palm Beach carrying a concealed weapon attorneys review your case during a free, no obligation consultation by calling (561) 557-8686 right now.