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Carrying a Concealed Firearm

Carrying a Concealed Firearm

The crime of carrying a concealed firearm is defined in Section 790.01(2), Florida Statutes. The law provides that “a person who carries a concealed firearm on or about his person commits a felony of the third degree.”

Proving a Carrying a Concealed Firearm 

To prove the offense at trial, the State must establish the following two elements beyond and to the exclusion of very reasonable doubt:

  1. The defendant knowingly carried on or about his person a firearm;
  2. The firearm was concealed from the ordinary sight of another person.

Penalties

The penalties for Carrying a Concealed Firearm in Florida are severe. The offense is generally classified as a third-degree felony, punishable by up to 5 years in prison or 5 years of probation, and a $5,000 fine.

There are defenses to the charge of Carrying a Concealed Firearm. They include:

The individual was not in possession of the firearm (not carries on or about his person);

Lack of proof as to knowledge;

Weapon was not readily accessible;

Weapon was within ordinary sight;

Weapon not found in the defendant's exclusive control;

Individual had a carry permit;

Concealed weapon exceptions

It is lawful for a person to carry a concealed weapon “at his or her home or place of business.”

The phrase “at his or her home or place of business” refers to an individual's surrounding property as well as the buildings and structures situated thereon. If the firearm is possessed at a business, the business does not have to be owned by the accused

The term “business” means place where the accused is employed by someone else. Home means the home in which the accused lives in.

It is lawful for an individual 18 years old or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private car or truck or other conveyance if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.

Contact us

John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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