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Criminal Defense Lawyer in Orlando, FL

Carrying a Concealed Firearm Lawyer in Orlando, FL

If you’ve been charged with illegally carrying a concealed firearm, it’s important to know your rights. Contact Hanlon Law today to speak with a seasoned defense attorney today.


Is Carrying a Concealed Firearm Illegal? 


Carrying a concealed firearm in the state of Florida is illegal unless you have a license to do so. Only those who have gone through the proper channels and possess a legal concealed carry license may carry a concealed firearm in public. If you have not gone through the proper channels and do not possess a concealed carry license, you may be charged with illegal concealed carry of a firearm. 


Similarly, if you do have a concealed carry license, but fail to abide by certain requirements and regulations associated with that licensure, you may still face criminal prosecution. 


It’s important to note that no one under the age of 21 may apply for a concealed carry license. Convicted felons are not eligible for a concealed carry license. In addition, certain offenses relating to the abuse of controlled substances (even alcoholic beverages) may also disqualify you from obtaining a concealed carry license. 


Are There Any Exceptions to Concealed Carry Violations? 


There are a few situations in which concealed carry without a license will not result in criminal charges. Those exceptions include: 


Secure Encasement


Illegally concealed firearm charges do not apply if the firearm or weapon in question is securely encased or otherwise not readily accessible in your private conveyance. A private conveyance means a personal mode of transportation, typically a car or other motor vehicle. 


Secure encasement is when the weapon is stored in a location that must be opened. That could be a glove compartment, a zippered gun case, or even a box with a lid. And finally, “not readily accessible” is described as any situation in which the weapon cannot be quickly or easily retrieved and used. So, for example, carrying an unloaded weapon with ammunition stored elsewhere. 


Home and Place of Business


It’s commonly believed that the law requiring a license for carrying a concealed weapon is only valid on public property, but this is only partially true. 


The law does not apply to your home or place of business. “Home” is described as the building in which you dwell, as well as any related structures and surrounding property. “Place of business” is described similarly, as the buildings, structures, and surrounding property of a place of business in which you are employed. 


While you do not have to personally own the business in order to have legal permission to carry a concealed weapon at your job, it’s important to note that any rules or policies set forth by the business will override this right.


It’s also important to note that “home” only applies to your personal home. Carrying a concealed weapon at a friend’s house is not a legally protected right. So, while your friend may verbally grant you permission to do so, they can rescind that permission at any time, and you could end up facing an illegal concealed carry charge. 


Fishing, Camping, and Hunting


You are not required to obtain a concealed carry license if you are actively engaged in the act of fishing, camping, or other lawful hunting. This includes traveling to and from such engagements. 


What Are the Consequences for Carrying a Concealed Firearm Without a License? 


Carrying a concealed firearm without a concealed carry license in Florida is generally charged as a third-degree felony. As such, it is punishable by up to 5 years in prison (or 5 years of probation), and up to $5,000 in fines. 


However, in order to be dealt these consequences, you must first be convicted. A concealed carry violation can be difficult to prosecute, as the state requires three elements of proof:


  1. You knowingly carried a readily accessible weapon on or about your person
  2. The weapon was concealed from ordinary sight
  3. At the time, you were not licensed to carry a concealed weapon


These may seem simple enough, but they can be very difficult to determine. 


The first requirement, for example, includes the word “knowingly.” This means that you were aware that you were carrying a firearm in the first place. If you offered to carry your friend’s bag for them, and didn’t know your friend had a gun in the bag, you were not carrying that weapon “knowingly.” 


This requirement does not make any allowance for intent to conceal, however. If you carry a firearm on your person that you intended to be visible, but was found to be concealed, you can still be charged with a concealed carry violation. 


The first requirement, that the gun’s location be “readily accessible” and “on or about your person,” means the gun must be physically on you and easy to access quickly to count as possession. 


The second requirement describes concealment as not in “ordinary sight.” This means that an average person looking at you would not be able to tell you carried a weapon. Depending on the location of the weapon, it can be difficult to prove whether or not the weapon was visible.


The last requirement is the only one that’s typically easy to determine. All the prosecution has to do is look at the dates on any concealed carry licenses (if you have them) and compare those to the date(s) of the alleged violation. 


Experienced Gun Crime Attorneys for Any Concealed Firearm Case in Orlando


With such a high burden of proof on the prosecution, there is hope for those accused of illegal concealed carry. However, it’s still vital to have someone who knows what they’re doing in your corner to be sure to take advantage of every opportunity to fight for your rights.


At Hanlon Law, our team will leverage nearly two decades of experience on your behalf. We’ll walk you through every step and help you find the best defense to secure the most favorable outcome possible. Contact us today to schedule a free consultation.

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