Carrying a Concealed Weapon
While people’s right to keep and bear arms is enshrined in the Constitution of the State of Florida as well as the United States Constitution, people must have valid concealed weapons licenses in order to carry concealed firearms or weapons. If a person carries a concealed weapon or firearm without a valid license, that individual can face criminal charges.
In many cases, alleged offenders had no criminal intent and are accused of violations when they are attempting to lawfully transport or carry weapons or firearms. Certain violations are felony offenses that not only carry the possibility of a lengthy prison sentence and large fines, but also possibly the loss of the right to own or possess a firearm.Lawyer for Carrying a Concealed Weapon Arrests in Miami-Dade County, FL
If you were arrested in South Florida for allegedly carrying a concealed firearm or other weapon, it is in your best interest to immediately seek legal representation. The Hoffman Firm defends clients charged with firearm and weapon crimes in Miami, Coral Gables, Aventura, South Miami, Homestead, and many surrounding areas of Miami-Dade County.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who can fight to help you achieve the most favorable resolution to your case, including possibly having your criminal charges minimized or eliminated. He can provide a complete evaluation of your case when you call (305) 249-0090 to receive a free initial consultation.
North Miami Carrying a Concealed Weapon Information Center
- When is this crime a felony offense?
- Are there any defenses against these types of charges?
- Where can I find more information about carrying a concealed weapon in Miami-Dade County?
Florida Carrying a Concealed Weapon Charges
Florida Statute § 790.001(3)(a) defines a concealed weapon as “any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.” A concealed firearm is defined under Florida Statute § 790.001(2) as any firearm—defined in Florida Statute § 790.001(6) as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun (“firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person)—that is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
Florida Statute § 790.01 makes it a first-degree misdemeanor if an alleged offender who is not licensed under Florida Statute § 790.06 to carry concealed weapons or concealed firearms carries a concealed weapon or electric weapon or device on or about his or her person. It is a third-degree felony under the same statute for an unlicensed alleged offender to carry a concealed firearm on or about his or her person.
Florida Statute § 790.01 does not apply to a person who carries for purposes of lawful self-defense, in a concealed manner, a self-defense chemical spray or a nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. The section also does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the governor pursuant to chapter 252 of the Florida Statutes or declared by a local authority pursuant to chapter 870 of the Florida Statutes.
Carrying a Concealed Weapon Penalties in Miami
A first-degree misdemeanor conviction for carrying a concealed weapon or electric weapon or device is punishable by up to one year in jail and/or a fine of up to $1,000. A third-degree felony conviction for carrying a concealed firearm is punishable by up to five years in prison and/or a fine of up to $5,000.
Every case is unique, and a person accused of one of these crimes could have any one of a number of possible defenses against the criminal charges. In addition to how law enforcement defined an alleged weapon or firearm, there may also be dispute about whether that alleged weapon or firearm was actually concealed, whether the weapon or firearm was accessible, or whether the weapon or firearm was securely encased and being carried for lawful use.
Florida Resources for Carrying a Concealed Weapon Offenses
Florida Concealed Weapon License Application Information | Florida Department of Agriculture and Consumer Services — The Florida Department of Agriculture and Consumer Services issues licenses to eligible Florida residents and non-residents, permitting them to carry a concealed weapon or firearm. On this website, you can renew your license, check the status of your application, and find answers to frequently asked questions. You can also view states recognizing Florida licenses and access various statistical reports.
Florida Department of Agriculture and Consumer Services
Miami-Dade Regional Office
7743 NW 48th St., Ste. 100
Doral, FL 33166
State v. Stearns, 645 So. 2d 417 (1994) — Richard T. Stearns was convicted of burglary of a structure while armed, grand theft, and carrying a concealed weapon. His sentence was enhanced because of his possession of a firearm, but the Fifth District Court of Appeal reversed his conviction and sentence for carrying a concealed weapon because armed burglary is a continuing offense and the state could not, “consistent with double jeopardy principles, charge, convict, and sentence a defendant for two offenses for the single act of possession of one weapon.” On November 17, 1994, the Supreme Court of Florida approved the district court's decision reversing Stearns' conviction and sentence, noting that it held in State v. Brown, 633 So.2d 1059 (Fla. 1994), that “a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode.”
Were you arrested for allegedly carrying a concealed weapon or firearm in South Florida? Do not make any kind of statement to authorities without legal counsel. Contact The Hoffman Firm as soon as possible.
Miami criminal defense lawyer Evan A. Hoffman represents residents and visitors arrested in communities throughout Miami-Dade County, including Miami Beach, Key Biscayne, Hialeah, Opa-locka, North Miami, Doral, and several other nearby areas. Call (305) 249-0090 or submit an online contact form to have our attorney review your case and discuss all of your legal options during a free, confidential consultation.