Carrying a Concealed Weapon in Orlando
Prosecutors in Florida aggressively prosecute cases involving firearms and other weapons. While carrying a concealed weapon is a serious offense, most people who are accused have no prior criminal record, and often carry a firearm or other weapon for protection, hunting, or other reasons. You may be an upstanding member of the community who has never been in trouble with the law. At Adams & Luka, our Orlando weapon defense lawyers understand that good people often find themselves in stressful situations. Our top priority is to protect your legal rights and help you avoid criminal penalties. We understand that any crime can have a negative impact on your career and reputation; we have the experience, skill, and committed approach necessary to secure positive results.
Carrying a firearm or weapon in the glove compartment or trunk of a vehicle is not illegal, however carrying a gun on your body or in a location close to your person, such as under a car seat, is illegal if you do not have a license to do so. Anyone who is arrested for carrying a concealed firearm in Florida will face third-degree felony charges; a conviction could result in jail/prison time. Other weapons such as knives, nun chucks, brass knuckles, or other items that could be construed as a weapon will result in misdemeanor charges.Defenses to Carrying a Concealed Weapon or Firearm in Florida
In order to be convicted of carrying a concealed weapon, the state must prove very specific elements. Prosecutors must prove that you actually carried a weapon (had it in your possession, such as in a pocket), or that the weapon was within easy reach and at your disposal in an instant, and that the weapon was concealed, which means that a person would not ordinarily see the weapon in the course of conversation or interactions - it is essentially "hidden" from ordinary view. If the prosecutor cannot prove these elements, you cannot be found guilty of carrying a concealed weapon.
The defense your attorney develops in your situation will depend on the fact of your case. Some of the most common defense strategies used on behalf of those charged with carrying a concealed weapon/firearm include:
- Concealed weapons permit. If you have a license/permit which allows you to carry a concealed weapon, you cannot be prosecuted.
- Statutory excepted activity. Security personnel and police officers may carry concealed weapons without a permit, as can some civilians engaged is such activities as hunting, fishing, or camping, as long as the hunting is during a legal hunt. Those traveling for the purpose of attending a firearms club or gun show may also carry concealed weapons without a permit.
- Private conveyance exception. If a firearm is securely encased or in some other way not easily accessible for immediate use and is not on your person, it may be kept in a private vehicle's interiior without a license/permit.
The penalties an individual may face if found guilty depend on whether a "weapon" (knife, nun chucks, baseball bat, etc.) was involved, or a firearm. Those convicted of carrying a concealed firearm will face punishment that includes:
- Maximum of five (5) years in prison
- Maximum of five (5) years probation
- Fines of up to $5,000
Carrying a concealed weapon may result in the following penalties, as it is a first degree misdemeanor:
- Maximum of one (1) year in county jail
- Maximum of one (1) year probation
- Fines of up to $1,000
Individuals who are found guilty of either offense will have a permanent criminal record.Contact Adams & Luka Now
As trusted Orlando & Central Florida concealed weapons attorneys, we have obtained positive results for many of our clients. We know that no one wants a criminal record, or to lose his/her freedom. You may not have been aware that you were doing anything illegal at all. At Adams & Luka, we will work vigorously in an effort to protect you from a conviction, and obtain good results. Call now for a free consultation at (407) 872-0307 or (352) 787-2101.