In Florida, carrying a concealed weapon without a proper permit is a criminal offense governed by Florida Statutes § 790.01. The law distinguishes between different types of weapons and provides varying penalties depending on the specific circumstances of the case. If you are caught carrying a concealed weapon in Jacksonville you should contact a Duval County criminal defense lawyer.  We can help.  

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Definition of Carrying a Concealed Weapon:

Carrying a Concealed Weapon:

 

Involves knowingly carrying a weapon in a concealed manner, meaning it is hidden from ordinary sight, on or about one’s person. This includes items such as knives, tasers, or other weapons that are not firearms.

Carrying a Concealed Firearm: Involves carrying a firearm (such as a pistol or revolver) in a concealed manner without a valid concealed carry permit.

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Types of Carrying Concealed Weapon Charges:

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1. Carrying a Concealed Weapon (Non-Firearm):

Definition: Carrying a concealed weapon other than a firearm, such as a knife, taser, or another dangerous weapon, without a permit.

Penalties: This is generally classified as a first-degree misdemeanor in Florida.

Jail Time: Up to 1 year in jail.

Probation: Up to 1 year of probation.

Fines: Up to $1,000 in fines.

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2. Carrying a Concealed Firearm:

Definition: Carrying a concealed firearm without a valid concealed carry permit.

Penalties: This is a more serious offense and is classified as a third-degree felony in Florida.

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000 in fines.

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Exceptions and Permits:

Concealed Carry Permit: Florida allows individuals to carry concealed firearms and other weapons legally if they have obtained a valid concealed carry permit (Concealed Weapon or Firearm License). Without this permit, carrying a concealed firearm or weapon is illegal.

Exceptions: There are certain exceptions, such as carrying a weapon within one's home, place of business, or vehicle (under specific conditions). However, carrying it in public without a permit is generally prohibited.

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Defenses to Carrying a Concealed Weapon Charge:

Several defenses can be raised in carrying concealed weapon cases in Florida, including:

Valid Permit: Proving that the defendant had a valid concealed carry permit at the time of the incident.

Unlawful Search and Seizure: Challenging the legality of the search that led to the discovery of the weapon.

Lack of Knowledge: Arguing that the defendant did not knowingly carry the weapon or was unaware that it was concealed.

Temporary Possession: In some cases, the defense may argue that the weapon was only in the defendant’s possession temporarily and not intended for use.

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Important Considerations:

Public Places: Even with a permit, there are certain places where carrying a concealed weapon is prohibited, such as schools, government buildings, and establishments serving alcohol. Violating these restrictions can lead to criminal charges.

Concealed Firearm vs. Open Carry: Florida does not generally allow open carry of firearms, meaning that firearms must be carried in a concealed manner unless specific exceptions apply.

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Carrying a concealed weapon or firearm without a permit in Florida can lead to significant legal consequences. It is essential for anyone charged with this offense to seek legal advice to understand their rights and develop an appropriate defense strategy.

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 ​If you are charged with carrying a concealed weapon in Jacksonville Duval County contact our office.  Consultations are always free and always confidential.