Carrying a concealed gun in Florida without a Concealed Weapons Permit (CCW) is a major offense that can send you to prison for years. Even licensed gun owners are not allowed to conceal carry without a permit.
According to Florida Statute 790.01(2), “a person who carries a concealed firearm on or about his person commits a felony of the third degree.” Carrying a Concealed Firearm is a third-degree felony punishable by up five years in prison plus heavy fines and probation. Moreover, if you are not a national of the United States, you will be facing deportation proceedings for carrying a concealed weapon.
If you have been arrested on concealed weapons charges you should talk to an experienced gun rights attorney as soon as possible. Talk to a lawyer who knows gun laws in Florida and knows how to fight for your rights. Call 407-644-2466 for a free consultation with an Orlando concealed weapons attorney at the Rivas Law Firm.
Florida Concealed Carry Laws
There is a law against carrying concealed weapons in general, and a law against carrying a concealed firearm. Carrying concealed weapons such as is defined as knives, tear-gas spray, tasers, and other weapons under one’s clothing or in a bag or purse is a first-degree misdemeanor and can result in up to a year in jail and a fine of up to $1,000.
If you are caught carrying a concealed weapon without a permit, the severity of the penalty can depend on several factors. For example, if the weapon was found in a government building or at school, you could face an additional fine or jail time. Also, if you have previously been convicted of a crime, your sentence may be substantially increased.
Concealed Weapons Charges Defense
If you are arrested on charges of carrying a concealed weapon, the best way to protect your rights and get the best outcome is to hire a criminal defense attorney immediately. To get a conviction, a prosecutor has to prove the charges beyond a reasonable doubt. The burden is on them, not on you, so if they cannot meet their burden, then there is no case against you.
To prove that a defendant committed the crime of carrying a concealed firearm, prosecutors must show that the defendant carried a concealed firearm on or about his or her person. A “concealed” firearm is one that is not visible to the ordinary sight of another person. There may be a question of whether the gun was unintentionally obscured rather than purposely hidden from view.
Also, the prosecution must prove that you had constructive possession of the weapon. This means they must prove that you knew the gun was there and had control over it. A question of actual possession can arise, for example, if a gun is found in a car with more than one person in it.
Protect your Second Amendment rights. Talk to an Orlando firearms lawyer at the Rivas Law Firm. Call 407-644-2466 for a free consultation.