Open Carrying of Firearms and Weapons


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Open Carrying of Firearms and Weapons
allegations.

The Florida legislature continues to wrestle with whether to allow open carrying of firearms, however, the current law* prohibits the open carrying of firearms and some other weapons, even if you have a Concealed Firearms Permit.  If you, or a loved one, is charged with Open Carrying of a Firearm or Open Carrying of a Weapon, give the experienced criminal defense lawyers of SLG Law a call now to discuss your case.  

What is Open Carrying of Firearms and Weapons?

Open Carrying of Firearms and Weapons is defined in Florida Statute Section 790.053.  To prove the crime of Open Carrying of Firearms and Weapons, the State must prove:
  • You openly carried on or about your person any firearm or electric weapon or device. 

What is the potential sentence for an Open Carrying of Firearms or Weapons conviction?

A violation of this statute is a Second Degree Misdemeanor, punishable by up to 60 days in jail

What are the possible defenses to Open Carrying of a Firearm or Weapon?

Possible defenses include that you weren't carrying openly.  If you have a concealed firearms permit, it is not illegal for you to carry the firearm in a concealed manner.  Whether the firearm is open or concealed may be in dispute.  Another defense may be that you were not carrying the firearm.  Unless the evidence clearly shows that you were carrying on your person, a viable defense may be that even though the firearm was close to you, it was not on or about you.  Another defense is if you display the firearm briefly when you have a concealed firearms permit, unless it is displayed in an angry or threatening manner.

What weapons am I permitted to openly carry?

You may openly carry the following items for self defense:
  • a self-defense chemical spray,
  • a nonlethal stun gun
  • a nonlethal dart-firing stung gun
  • other nonlethal electric weapons or devices designed solely for defensive purposes



If you or a loved one has been arrested for or accused of
Openly Carrying a Firearm or Weapon,

Call Shorstein, Lasnetski & Gihon Now!
Experienced Criminal Defense Attorneys

904-642-3332 (Jacksonville)


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