I have extensive experience in defending carrying a concealed firearm cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each unlicensed carrying a concealed firearm case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced carrying a concealed firearm attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you stopped and detained for a lawful reason?
• Did you voluntarily consent to any such search?
• Where was the firearm found and did the firearm belong to someone else?
• How many people had access to the place where the firearm was found?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS UNLICENSED CARRYING A CONCEALED FIREARM

It is illegal to carry a concealed firearm in Florida without a concealed weapon license issued by the Florida Department of Agriculture and Consumer Services (FDACS) or by an equivalent agency from another state. Even a licensed gun owner may not legally carry a concealed weapon without a concealed weapon license. Unlicensed carrying a concealed firearm 790.01 is defined as

1. The defendant knowingly carried on or about his person a firearm;
2. The firearm was concealed from the ordinary sight of another person.

HOW IS CARRYING A CONCEALED FIREARM PROVEN IN FLORIDA?

To prove the crime of unlicensed carrying a concealed firearm, the State must prove the following three elements beyond a reasonable doubt: Read the full unlicensed concealed carry jury instructions here.

1. Defendant knowingly carried on or about his or her person a firearm.
2. The firearm was concealed from the ordinary sight of another person.
3. At that time, the defendant was not licensed to carry a concealed firearm.

PENALTIES FOR UNLICENSED CARRYING A CONCEALED FIREARM

Unlawful carrying of a concealed firearm is classified as a third degree felony  that is punishable by up to five years in prison and up to a $5,000 fine. Other penalties include:

• County jail
• Permanent criminal conviction
• Community control, house arrest or supervised probation
• Forfeiture of the firearm

MISDEMEANOR CARRYING A CONCEALED WEAPON FLA. STAT. 790.01

Under Florida law, carrying and concealing any weapon other than a firearm is a first degree misdemeanor. This law most commonly applies to a knife. However, Florida courts have created an exception for a common pocket knife but did not define what a common pocket knife is. Although it is generally accepted a knife with a blade of four inches or less if a common pocket knife. This law also applies to stun gun, electronic device, shank, billie club or any other weapon not defined as a concealed firearm. Like all other first degree misdemeanor cases carrying a concealed weapon case are prosecuted in county court and the defenses stated below apply equally to carrying a concealed weapon.

DEFENSES FOR UNLICENSED CARRYING A CONCEALED FIREARM

There are many defenses available to contest a charge of unlawfully carrying a concealed firearm in Florida. Some of the more common defenses include the following:

• You did not possess the firearm
• Lack of knowledge as you did not know a firearm was present
• Weapon was not readily accessible
• Weapon was within ordinary sight and not concealed
• The weapon was found in a common area and accessible to others
• You were permitted to conceal the firearm
• The device does not meet the legal definition of a firearm

UNLICENSED CONCEALED CARRY CASE LAW

Jackson v. State, 4D18-3021 (Fla. 4th DCA 2020) An element of the crime of carrying a concealed weapon is that the defendant was not licensed to carry a concealed weapon and the burden of proof on this element is on the State, rather than on the Defendant to assert as an affirmative defense.

Kilburn v. State, 1D18-4899 (Fla. 1st DCA 2020)Defendant cannot be stopped and searched based on the officer’s observation of the concealed weapon absent evidence apparent at the moment that the Defendant did not have the concealed weapons permit. A law enforcement officer may not use the presence of a concealed weapon as the sole basis for seizing an individual.

Alexander v. State, 477 So. 2d 557 (Fla. 2nd DCA 1985) it is lawful and is not a violation of s. 790.01 to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

I DEFEND ALL CONCEALED FIREARM CASES

If you were recently arrested or charged with any Florida firearm offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.