Carrying a Concealed Weapon
Despite the Second Amendment’s Right to Bear Arms, the several states may require individuals to obtain a license to carry weapons in a concealed manner. Florida is one of those states, and a person who carries a weapon without such a permit can face criminal charges.
In some cases, a violation of the state law governing concealed carry is a misdemeanor, but certain circumstances can enhance to charges to felony charges. It is important to note that Florida's restrictions on concealed weapons apply to far more than just handguns.Attorney for Carrying a Concealed Weapon Arrests in Broward County, FL
If you were arrested for allegedly carrying a concealed weapon or firearm in South Florida, it is in your best interest to immediately seek legal representation. The Hoffman Firm aggressively defends clients accused of various firearm and weapon crimes in Fort Lauderdale, Hallandale Beach, Cooper City, Coral Springs, Dania Beach, and many surrounding areas of Broward County.
Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who can fight to possibly get your criminal charges reduced or dismissed. Call (954) 524-4474 right now to have our attorney provide a complete evaluation of your case during a free, confidential consultation.
Fort Lauderdale Carrying a Concealed Weapon Information Center
- How are concealed carry crimes classified?
- Do people have any defenses against concealed weapons violations?
- Where can I find more information about carrying a concealed weapon in Broward County?
Carrying a Concealed Weapon Charges in Florida
Florida Statute § 790.01(1) establishes that a person commits a first-degree misdemeanor offense if he or she carries a concealed weapon or electric weapon or device on or about his or her person. Under Florida Statute § 790.01(2), an individual commits a third-degree felony if he or she carries a concealed firearm on or about his or her person.
The statute does not apply to a person carrying a concealed weapon or firearm while in the act of evacuating during a mandatory evacuation order issued during a state of emergency. Florida Statute § 790.01(3)(b) also states that the law does not apply to a person who carries for purposes of lawful self-defense, in a concealed manner:
- A self-defense chemical spray; or
- A nonlethal stun gun, dart-firing stun gun, or other nonlethal electric weapon or device that is designed solely for defensive purposes.
A concealed weapon is defined under Florida Statute § 790.001(3)(a) as “any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.”
Florida Statute § 790.001(2) defines a concealed firearm as any firearm—defined under Florida Statute § 790.001(6) as "any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun"—"which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person."
Broward County Carrying a Concealed Weapon Penalties
The possible punishments that may result from a carrying a concealed weapon or firearm conviction will depend on how the crime was classified. Generally, the maximum sentences are as follows:
- First-Degree Misdemeanor — Up to one year in jail and a fine of up to $1,000;
- Third-Degree Felony — Up to five years in prison and a fine of up to $5,000.
Alleged offenders in these types of cases may be able to utilize any one of a number of possible defenses against the criminal charges. For example, there may be a valid issue as to whether the weapon of firearm was truly concealed. In other cases, a valid affirmative defense is the alleged offender being charged despite having a valid license.
Other possible defenses might include the weapon or firearm in question not actually belonging to the alleged offender or that person being in unknowing possession. Every case is different, so it is critical to have an experienced criminal defense lawyer investigate all the circumstances surrounding your particular situation.
Carrying a Concealed Weapon Resources in Florida
Florida Concealed Weapon License Application Information | Florida Department of Agriculture and Consumer Services — Under Florida Statute § 790.06, the Florida Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided under that statute. Visit this website to find answers to frequently asked questions, check the status of your application, and renew your license. You can also find information about approved training courses.
National Rifle Association Institute for Legislative Action (NRA-ILA) | Florida Gun Laws — The NRA is a nonprofit 501(c)(4) social welfare organization, and the ILA is its "lobbying" arm. On this section of the NRA-ILA website, you can learn more about concealed carry reciprocity and which states recognize Florida concealed carry permits as well as what state permits Florida recognizes. You can also find a gun laws overview and recent news.
Were you recently arrested in Broward County for carrying a concealed firearm or other weapon? Do not speak to authorities without first contacting The Hoffman Firm.
Fort Lauderdale criminal defense attorney Evan A. Hoffman represents residents and visitors in numerous communities throughout South Florida, including Miramar, Pompano Beach, Hollywood, Lauderhill, Margate, and several others.
Call (954) 524-4474 or fill out an online contact form to have our lawyer review your case and discuss all of your legal options during a free initial consultation.