Criminal charges related to weapons can carry significant penalties if you are convicted. Whether you’ve been charged or under investigation for a weapons charge in Hillsborough County, you should find an experienced criminal defense attorney to help you.
The gun defense lawyers at Metcalf Falls, Criminal Defense Attorneys, P.A., understand how challenging these cases can be. They know your rights and future are at stake. Their goal is to help you fight your charges and preserve your gun ownership rights. Contact us today at (813) 258-4800 to schedule your free consultation with a gun charge attorney near you.
What Are the Charges for Carrying a Concealed Weapon in Florida?
In Florida, it is illegal for anyone to carry a weapon without a license. Under Florida Statute §790.01, anyone who does not have a license to carry a firearm and conceals a weapon on their person commits a third-degree felony.
Under Florida law, a gun is any weapon that can expel a bullet or projectile with explosive charges. That means pistols, revolvers, shotguns, or rifles could be considered a concealed firearm. However, this statute does not just apply to guns—it can also cover weapons like BB guns, knives, brass knuckles, batons, or electric weapons. Anyone charged with concealing a weapon that isn’t a gun will face a first-degree misdemeanor.
Is Anyone Allowed to Carry a Concealed Weapon?
There are exceptions to the concealed firearm statute. People with carry licenses under §790.06 cannot be charged for carrying a concealed weapon. Anyone carrying weapons intended for self-defense, such as stun guns or chemical sprays like mace, are also excepted.
Anyone permitted to own a firearm is allowed to carry it on their person at home. If you are transporting guns in a way that you cannot easily access them, you cannot be charged with carrying a concealed firearm. Someone who is engaged in fishing, camping, or lawful hunting can conceal a weapon on their person.
What Are the Penalties for Carrying a Concealed Weapon in Florida?
If you are convicted of carrying a concealed weapon in Florida, you will face time behind bars and hefty fines. Depending on the circumstances of your case, you will either be sentenced for a misdemeanor or a felony.
- Misdemeanor Weapons Charge: for concealing a weapon that isn’t a firearm, you can be sentenced to one year in jail and a fine up to $1,000.
- Felony Weapons Charge: if you’re convicted of carrying a concealed gun without a license, you can be sentenced up to five years in prison and a fine up to $5,000.
How Do I Defend Against a Florida Concealed Weapons Charge?
When facing a concealed firearms charge in Florida, several possible defenses may help reduce or dismiss your charges. Every case is unique, so a skilled criminal defense attorney can analyze the facts of your situation to develop the most effective defense strategy. Here are some common defenses used in concealed firearm cases:
You Had a Valid License to Carry
If you were carrying a concealed firearm and had a valid concealed carry license under Florida Statute §790.06, you cannot be convicted of this offense. Your attorney can present evidence of your license to prove you were legally permitted to carry the weapon.
The Weapon Was Not Concealed
For a weapon to be considered “concealed” under Florida law, it must be hidden from ordinary sight. If the weapon was partially visible or carried in a way that it was not fully concealed, your attorney could argue that the legal definition of “concealed” was not met.
The Weapon Was Not Easily Accessible
If the firearm or weapon was stored in a location where it could not be easily accessed, such as a locked glove compartment or a secured container, your attorney could argue that you were not unlawfully carrying a concealed weapon.
Unlawful Search and Seizure
The Fourth Amendment protects against illegal searches and seizures. If law enforcement found the weapon during an unlawful search—such as without a valid warrant, probable cause, or your consent—your attorney could file a motion to suppress the evidence. Without the weapon as evidence, the prosecution may have to drop the charges.
You Were Engaged in a Legal Activity
Florida law permits individuals to carry concealed weapons under certain circumstances, such as while fishing, camping, or hunting. If you were participating in one of these lawful activities, your attorney could argue that your actions fall under a legal exception.
You Did Not Know About The Weapon
The prosecution must prove that you knowingly carried a concealed weapon. If you were unaware of the weapon’s presence, such as when borrowing someone else’s bag or vehicle, your attorney could argue that you lacked the required intent to commit the offense.
You Needed the Weapon for Self-Defense
In rare cases, carrying a concealed weapon may be justified under the doctrine of necessity or self-defense. If you carried the firearm to protect yourself from an immediate threat, your attorney could present this defense, though it may require substantial evidence to support the claim.
FAQs For Carrying a Concealed Weapon in Florida
Can I carry a concealed weapon in my car without a concealed carry license?
Florida law allows you to carry a firearm in your vehicle without a license if it is securely encased and not easily accessible. Examples of secure encasement include a glove compartment, a snapped holster, or a locked container. However, if the weapon is readily accessible, you could face charges for carrying a concealed weapon without a license.
How does Florida law treat out-of-state concealed carry permits?
Florida recognizes concealed carry permits from certain other states. If you have a valid permit from a state with reciprocity, you may legally carry a concealed weapon in Florida. However, you must still follow Florida’s concealed carry laws, including restrictions on where weapons can be carried.
Are there restrictions on where I can carry a concealed weapon in Florida, even with a permit?
Yes, even with a valid concealed carry permit, you cannot carry a weapon in certain locations, such as schools, government buildings, airports, courthouses, and establishments that primarily serve alcohol. Violating these restrictions can result in additional criminal charges.
Can a concealed firearm charge be expunged from my record?
In some cases, a concealed firearm charge can be expunged or sealed, depending on the circumstances of the case and whether you were convicted. An attorney can help you determine if you qualify for record expungement and guide you through the process.
What happens if I accidentally bring a concealed weapon to a restricted area?
If you unknowingly carry a concealed weapon into a restricted area, such as an airport or government building, you may face criminal charges. However, the prosecution must prove that you intentionally carried the weapon into the restricted space. A defense attorney can help challenge these allegations.
Can I face federal charges for carrying a concealed weapon in Florida?
While most concealed carry cases are handled under state law, certain situations, such as carrying a firearm in a federal building or across state lines, could lead to federal charges. Federal firearm offenses often carry harsher penalties, making it critical to have a defense attorney with experience in both state and federal courts.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a weapons offense on your record is crucial, and working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging the charges and avoiding a conviction. A firearms conviction could strip you of your right to legally own, carry, or use a gun in the future, a significant concern for any responsible gun owner. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Schedule a Consultation with a Tampa Gun Crimes Defense Lawyer
Criminal weapons charges can be challenging to defeat on your own. A skilled Tampa weapons charge lawyer can help you examine your case and determine what options you can use to clear your name or reduce charges. The lawyers at Metcalf Falls Criminal Defense Attorneys, P.A. are ready to hear your story and help you fight your concealed weapons charges.
Call our firm at (813) 258-4800 or fill out our contact form.
