Miami Concealed Weapon Attorney
Unlawful Concealed Carry Of A Firearm Or Weapon
If you are not licensed to do so, carrying a concealed weapon or firearm in Florida can lead to a misdemeanor or felony charge. A conviction can result in your spending time in jail or prison for years. Additionally, you may be fined hundreds to thousands of dollars. Still, being charged with the offense does not mean that you are guilty or will face the maximum penalties. By aggressively fighting the allegations, you can seek to avoid or minimize punishments, mitigating any long-term consequences of a conviction.
For the legal representation you need to challenge a concealed weapon or firearm charge in Miami, reach out to me, attorney Jonathan B. Blecher. I have over 40 years of legal experience and have handled thousands of cases. As a former prosecutor, I am familiar with the other side’s moves and can use this insight to build a compelling defense to counter the opposition’s arguments. I am energized by taking on complex matters requiring a strategic and innovative mindset. You can be confident that I will leave no stone unturned as I seek a favorable outcome for you.
Florida’s Law On Carrying A Concealed Weapon
Florida law allows individuals to carry concealed weapons and firearms for defense purposes, as long as they go through the proper channels and get a concealed weapon license (Florida Statutes § 790.06). The Department of Agriculture and Consumer Affairs will issue a concealed weapon license valid for seven years to qualifying individuals.
To be eligible for a concealed weapon license, among other things, the
- Be a resident and citizen of the U.S.
- Be 21 years of age or older
- Be free from any condition that would prevent them from safely using the weapon
- Be free from any state or federal disabilities concerning the possession
of a weapon
- Not have been convicted of a controlled substance offense within the past 3 years
- Not be a chronic or habitual user of alcohol
- Complete a firearm safety and training course
Unlawfully Carrying a Concealed Weapon in Florida
Under Florida Statutes § 790.01, any person who does not have a license as noted above and carries a concealed weapon or firearm commits an offense.
Deadly weapons include, but are not limited to:
- Metallic knuckles
- Tear gas guns
- Other objects designed to cause death or great bodily harm
Note that a person can also be charged with an offense if they have concealed on or about their person an object that can be used to cause death or great bodily harm. In other words, any item that can seriously injure or kill someone may be considered a weapon, and carrying it out of the sight of another may be a violation.
To prove that the defendant violated the law, the prosecutor must show that they:
- Knowingly carried a weapon or firearm
- The weapon was not readily observable by others
- They did not have a concealed carry license
The law provides that a person can be charged with a concealed weapon offense whether the weapon or firearm was “on or about their person” or was readily accessible to them. However, a couple of situations exist in which charges may be avoided. These include when the individual has the weapon on them during a mandatory evacuation during a governor-declared state of emergency or when they have chemical spray or a non-lethal weapon on them for self-defense.
A concealed weapon attorney in Miami can work to cast doubt on the prosecutor’s arguments. I will craft a solid defense strategy on your behalf.
Carrying A Concealed Weapon In A Prohibited Place
It must be noted that although a person has a concealed weapon license, they cannot carry a concealed weapon or firearm everywhere. Florida Statutes § 790.06 states that a licensed person can still face criminal charges if they take the weapon with them into a prohibited place.
Prohibited places include:
- Place of nuisance
- Police station
- Jail or prison
- Courthouse or courtroom
- Polling place
- Government meeting location
- School, college, or professional athletic event
- Elementary school, secondary school, college, or university campus
- Career center
- Establishments licensed to sell alcohol
- Any location federal law prohibits weapons or firearms
The Penalties For Carrying A Concealed Weapon In Florida
As mentioned earlier, carrying a concealed weapon is a misdemeanor or felony. The level of charge and possible penalties depend on what type of object was being concealed carried.
If a person was carrying a concealed weapon, they would be charged with a first-degree misdemeanor.
- Up to 1 year in jail
- Up to $1,000 in fines
If a person was carrying a concealed firearm, they would be charged with a third-degree felony.
- Up to 5 years in prison
- Up to $5,000 in fines
If the person was licensed to carry a concealed weapon but took it into a prohibited location, they face a second-degree misdemeanor charge.
- Up to 60 days in jail
- Up to $500 in fines
Facing as severe punishments as those listed above can be frightening. But know that it is possible to fight your charge and seek an optimal result. I am here to stand behind you throughout your case and prepared to do what it takes to protect your future.
Call A Miami Concealed Weapon Lawyer Today
Getting started on your case right away is critical for developing your defense. Please reach out to me as soon as possible to discuss your case. I will take the time to learn about your situation, determine what avenues to explore, and guide you through every step of the legal process.