Florida law provides residents the right to bear arms, but this right comes with strict regulations. If you are caught carrying a concealed firearm without a valid license in Tampa or Hillsborough County, you could face serious criminal charges. Under Florida Statute §790.01, carrying a concealed firearm without a license is a third-degree felony, which can result in significant penalties, including jail time, fines, and a permanent criminal record.
If you have been arrested for unlicensed carrying of a firearm, you need a strong legal defense to protect your rights and avoid harsh consequences. Metcalf Falls, Criminal Defense Attorneys, P.A., is prepared to defend you and work toward the best possible outcome in your case.
Call (813) 258-4800 today for a free consultation and get the legal help you need.
What is Unlicensed Carrying of a Firearm in Florida?
Under Florida Statute §790.01, it is illegal to carry a concealed firearm or weapon on your person without a valid concealed carry permit issued in Tampa or throughout Florida. A concealed firearm is one that is not visible to others and is readily accessible for immediate use. This law applies to all types of firearms, including handguns, rifles, and shotguns.
However, there can be exceptions. Florida law provides that people are permitted concealed weapons if they are evacuating during a state of emergency or carrying specific self-defense weapons such as nonlethal stun guns or chemical sprays. If you are not eligible for these exceptions and are found carrying a concealed firearm without a license, you may face criminal charges.
What Are the Penalties for Unlicensed Carrying of a Firearm in Tampa?
The penalties for unlicensed carrying of a firearm in Florida depend on the type of weapon involved and the circumstances of the offense.
- Carrying a concealed weapon without a license, such as a knife or electric weapon, is a first-degree misdemeanor, punishable by up to one year in jail and fines up to $1,000.
- Carrying a concealed firearm without a license is a third-degree felony, which carries penalties of up to five years in prison, a fine of up to $5,000, and the loss of your right to own firearms.
In addition to criminal penalties, a conviction can lead to lasting consequences, including difficulty securing employment, losing professional licenses, and challenges in obtaining future firearm permits.
How Do I Defend Against Unlicensed Carrying of a Firearm Charges?
If you are facing charges for carrying a firearm without a license in Hillsborough County, it’s important to know that there are several potential defenses that may be used in your case. Metcalf Falls, Criminal Defense Attorneys, P.A., will thoroughly review the evidence and identify the best defense strategy for your situation.
You Were Legally Permitted to Carry a Weapon
Florida law allows individuals to carry firearms in certain circumstances, such as during mandatory evacuations in states of emergency. If you were carrying a firearm under one of the legal exceptions outlined in the statute, your charges could be dismissed.
You Did Not Know About the Weapon
For a conviction to occur, the prosecution must prove that you knowingly carried a concealed firearm. If you were unaware that the firearm was in your possession, this could serve as a viable defense.
Law Enforcement Conducted an Unlawful Search and Seizure
If law enforcement officers found the firearm as a result of an illegal search or seizure, your attorney could argue that your constitutional rights were violated. Evidence obtained through unlawful means may be excluded from court, which could weaken the prosecution’s case against you.
The Gun or Firearm Was Not Concealed
To be charged with unlicensed carrying of a concealed firearm, the weapon must be hidden from ordinary view. If the firearm was visible or carried in an open manner that complies with Florida law, your charges may not hold up in court. Carrying a concealed weapon charges can be difficult to defend against, however.
FAQs About Unlicensed Carrying of a Firearm in Florida
What should I do if I’m arrested for carrying a firearm without a license?
If you are arrested, it’s important to remain calm and avoid making statements to law enforcement. Anything you say can be used against you in court. Contact a qualified criminal defense lawyer as soon as possible to discuss your case.
Can I be arrested for carrying a firearm in my car without a permit?
Florida law allows individuals to carry firearms in their vehicles without a permit, as long as the firearm is securely encased and not readily accessible for immediate use. If the firearm was found within easy reach and not in a locked case, you could be charged with unlicensed carrying.
Will a conviction for carrying a firearm without a license affect my gun rights?
Yes, a felony conviction can result in the loss of your right to own or carry firearms in Florida. Even a misdemeanor conviction could make it more difficult to obtain a concealed carry permit in the future.
Can I get my charges reduced or dismissed?
Depending on the circumstances of your case, a skilled defense attorney may be able to negotiate a plea deal or identify legal defenses that could lead to a reduction or dismissal of your charges.
What are the legal exceptions to carrying a concealed firearm without a permit?
Florida law provides exceptions for individuals evacuating during a declared state of emergency and those carrying certain nonlethal self-defense weapons. An attorney can evaluate whether you qualify for any of these exceptions.
Can I seal or expunge an unlicensed firearm charge from my record?
If your charges are dropped or dismissed, you may be eligible to have your record expunged. However, if you are convicted, sealing or expunging the record may not be possible. It’s essential to work with an attorney to explore your options.
How long do prosecutors have to file charges against me?
In Florida, the statute of limitations for a misdemeanor firearm offense is one year, while felony charges must be filed within three years. Acting quickly to build your defense is crucial.
Should I Hire a Tampa Weapons Charge Defense Lawyer?
If you have been charged with carrying a firearm without a license in Tampa or the surrounding areas, it is critical to seek legal representation immediately. Florida’s gun laws are complex, and a conviction can have long-lasting consequences on your life. Metcalf Falls, Criminal Defense Attorneys, P.A., has extensive experience defending firearm-related charges and will work diligently to protect your rights.
Our legal team will review the details of your case, challenge the prosecution’s evidence, and explore all possible defenses to achieve the best outcome for you. Whether negotiating with prosecutors for reduced charges or preparing a strong defense for trial, we are committed to helping you every step of the way.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a conviction involving firearms is the best way to protect your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the greatest chance of challenging these charges. A firearms conviction could strip you of your rights. 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.
Contact a Tampa Weapons Defense Attorney Today
Facing charges for carrying a firearm without a license in Florida can be overwhelming, but you don’t have to go through it alone. The experienced attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are ready to fight for you. We will work to protect your rights and future.
Call (813) 258-4800 or fill out our online form to schedule your free consultation today. Acting quickly can make all the difference in your case.
