Carrying a Concealed Firearm or Weapon


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Carrying a Concealed Firearm or Weapons allegations

Many good people have been charged with the serious offense of carrying a concealed firearm.  Carrying a concealed firearm is a third degree felony and poses the risk of life lasting negative consequences.

What is Carrying a Concealed Firearm or Weapon?

Carrying a Concealed Weapon or Firearm is defined in Florida Statute 790.01.  To prove the crime of Carrying a Concealed Weapon or Carrying a Concealed Firearm, the State must prove: 

1.   You knowingly carried on or about your person a firearm, a weapon, or an electric weapon or device, and

2.   The firearm, weapon, or electric weapon or device was concealed from the ordinary sight of another person.


What does it mean to carry a firearm or weapon "on or about your person?"

"On or about your person" means physically on you or readily accessible to you. 


What is considered a "firearm"?

A "firearm" is defined 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. 

A "firearm" does not include an "antique firearm" unless the antique firearm is used in the commission of a crime. 

An "antique firearm" is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918  for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. 


What is considered a "weapon?"

A "weapon" is any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon, except a closed common pocketknife or blunt-bladed table knife.


What is considered an "electric weapon or device?" 

An "electric weapon or device" is any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life or, the infliction of injury.


What does "ordinary sight of another person mean?"
Does the firearm, weapon or electric weapon or device have to be completely concealed?


No.  The term "ordinary sight of another person" means the casual and ordinary observation of another in the normal associations of life. 

A firearm or weapon need not be completely hidden for the jury to find that it was concealed.  However, a firearm or weapon is not concealed if, although not fully exposed, its status as a firearm or weapon is detectable by ordinary observation. 

This means that it is up to the jury to decide whether the firearm or weapon was in the ordinary sight of another person.  Therefore, you can still be prosecuted even if the firearm or weapon was only partially concealed. 


What are the possible consequences of a Carrying a Concealed Firearm or Weapon conviction?


Carrying a Concealed Firearm
Third Degree Felony - up to 5 years in prison

Carrying a Concealed Weapon
First Degree Misdemeanor - up to 1 year in jail

Carrying a Concealed Electric Weapon or Device
First Degree Misdemeanor - up to 1 year in jail


What are the potential defenses to Carrying a Concealed Firearm or Weapon?

The two obvious issues that arise in most Carrying a Concealed Firearm or Weapon case is whether the State can prove that you possessed the firearm or weapon and whether they can prove that it was concealed from the ordinary sight of another person.  Some defense issues may involve lack of evidence, like fingerprints on the firearm or weapon, or knowledge of the firearm or weapons presence if it was not on your person. 

Another defense to carrying a concealed firearm is if it is "securely encased."  Under Florida Statute 790.25(5), it is a defense to Carrying a Concealed Weapon or Firearm for an adult who carries weapons for self-defense or another lawful purpose within the interior of a private conveyance (vehicle) if securely encased or otherwise not readily accessible for immediate use.  This defense is only available for adults. 


What kinds of weapons can I conceal?

It is not a violation of the Carrying a Concealed Weapon or Firearm statute to carry:
  • a self-defense chemical spray
  • a nonlethal stun gun or dart firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes

The Carrying a Concealed Weapon or Firearms statute also does not apply to those with valid Concealed Carry permits under Florida Statute 790.06


CALL US!

Allegations of Carrying a Concealed Firearm or Weapon can have very serious consequences, whether the allegations are true or not.

If you have been accused of a Carrying a Concealed Firearm or Carrying a Concealed Weapon, call us:

Shorstein, Lasnetski, & Gihon

904-642-3332 (Jacksonville)
407-228-2019 (Orlando)
or
 
contact us online.
Contact Us 24/7 Se habla Español