Miami Concealed Weapon Attorney

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
applicant must:

• 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:

• Dirks
• 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
• Airport
• Any location federal law prohibits weapons or firearms