Carrying a Concealed Weapon

Florida, like many other States, allows for individuals to carry a concealed weapon or firearm on their person so long as they have a permit to do so save for certain places like Federal buildings or bars. Florida Statute 790.01 codifies the crime of carrying a concealed weapon or firearm without a valid concealed weapons permit in Florida. Though this Statute appears to be clear, in fact it is anything but. There is the constant question of what how a firearm owner can transport a firearm without being in violation of this Statute. As so often is the case, someone who is not intending to violate any law is merely transporting their lawfully purchased handgun when they are pulled over and ultimately arrested for carrying a concealed weapon prior to their obtaining a concealed carry permit. When this happens they are subject to the penalties found in the Florida criminal justice system and run the risk of becoming a convicted felon for mishandling a gun they have purchased pursuant to their 2nd Amendment right to do so. The Tampa criminal lawyers at the Mayberry Law Firm have helped numerous people facing this predicament. Some cases are misfiled, others hold water. Whereas with many crimes like robbery or battery, the tale is told based upon the facts of the case, it is often the instance with this charge where we can reach an agreement with State to drop or reduce this allegation based on the good record of a client and a lawful intent. Mistakes happen sure, but this kind of mistake could result in a felony charge. Allow our attorneys to help!

Carrying a concealed weapon is found at Florida Statute 790.01. Defined by statute, a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a first degree misdemeanor. If that weapon is considered a firearm the penalty ramps up from a misdemeanor to a third degree felony, punishable by up to 5 years in the Florida Department of Corrections.

As with any charge, there is generally a defense. The first and most obvious defense would be a concealed weapons permit, assuming the individual was in an area that doesn’t specifically forbid the possession of a firearm. Another issue could be, for purposes of a firearm, is the object in your possession really a firearm by statutory definition? If not, you may still be on the hook for a misdemeanor but the felony would no longer be at issue. As for travelling with a firearm in a vehicle without a concealed weapon’s permit was the weapon actually “securely encased” in accordance with Florida Statute 790.001(16)? If so, if not in an area specifically forbidding firearms, and your gun is in a glove compartment, snapped in a holster, in a gun case, in a closed box or in a container with a lid that must be removed, you are likely insulated from criminal prosecution. It is also a possibility to avoid criminal prosecution if the firearm is not readily accessible for immediate use. If there is something that significantly hinders the ability to immediately use the firearm such as a trigger lock or if the weapon is unloaded and there is no ammunition in close proximity you would have a viable defense.

Tampa criminal attorney Jason Mayberry is a supporter of maintaining all Constitutional rights, regardless of what they are. That said, we are also supporters of the 2nd Amendment to the United States Constitution and the right of the people to keep and bear arms. If you’ve been charged with carrying a concealed weapon or firearm, contact the attorneys at The Mayberry Law Firm today at 813-444-7435 or at 727-771-3847.