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Carrying a Concealed Firearm

The right to bear arms has seen lots of contention in recent years, with your legal entitlements brought into question. While you do have the right to possess a firearm in the state of Florida, you don’t always have the right to bring that firearm around with you – especially if that weapon is concealed. If you’ve been charged with illegally carrying a concealed firearm, contact Hanlon Law today to schedule a free consultation. 


Is Carrying a Concealed Firearm Illegal? 


Unless you have a license to do so, yes, carrying a concealed firearm in the state of Florida is illegal. To secure a conviction for carrying a concealed firearm without a license charges, the prosecution must be able to prove beyond reasonable doubt that:


  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


“Readily accessible” and “on or about your person” mean that the gun and its ammunition must be physically on you and easy to access quickly to count as possession. “Concealed from ordinary sight” means that the average person looking at you would not be able to tell you are carrying a weapon. This is a relatively subjective matter, depending on where the firearm was located. 


It’s important to note the inclusion of “knowingly” in regards to carrying the weapon. This means that if you were not aware you were carrying the gun at all, you cannot be charged. For example, if you offer to carry a friend’s bag for them, and are unaware that the friend has a gun in that bag, you cannot be accused of carrying a concealed weapon knowingly. 


This requirement of intent does not extend to the concealment itself, however. For example, say you’re carrying a firearm in a holster on your belt. When you leave in the morning, it’s visible. However, it gets cold, so you put a jacket on, and the jacket covers the weapon on your belt. The weapon is now concealed, even if that was not your intention, and you can be charged with the illegal carrying of a concealed weapon if you are not properly licensed. 


Are There Other Kinds of Concealed Carry Violations?


A concealed carry license isn’t a free pass. There are still certain requirements and regulations you must abide by when carrying a concealed firearm legally, and failing to do so may also result in criminal charges. 


It’s important to note that no one under the age of 21 may apply for a concealed carry license. Similarly, convicted felons are not legally allowed to possess firearms at all, and are therefore ineligible for a concealed carry license. Some other offenses may have similar restrictions, such as those relating to the abuse of controlled substances (even alcoholic beverages) or domestic abuse.


Are There Any Exceptions to Concealed Carry License Requirements?


There are a few circumstances where you are legally allowed to have a concealed weapon, even without a concealed carry license:


Secure Encasement


The secure encasement exception applies when the concealed firearm in question is not readily accessible. There are two kinds of secure encasement – the first is when the firearm is stored in your “private conveyance” (personal mode of transportation, like a car or motorcycle), in some kind of location that must be opened before the weapon can be accessed and utilized. For example, a gun stored in a glove compartment. 


Secure encasement also applies in situations where the weapon and ammunition are not stored together. For example, carrying an unloaded gun with the ammunition not on your person and not easily within reach of your person. 


Home and Place of Business


It’s a common misconception that the legal requirements regarding concealed carry only applies to public property. And it’s true that this law does not apply to private places of business; however, many places of business have their own restrictions and requirements when it comes to firearms, and you can still end up facing criminal charges if you violate those. 


Similarly, the law does not apply when you are on your own personal property. However, this does not extend to someone else’s personal property; if you carry a concealed weapon while at another person’s home without that person’s permission, you could also face criminal charges. 


Fishing, Camping, and Hunting


If you are actively engaged in the act of fishing, camping, or other lawful hunting, or are actively traveling to or from such activities, you are not required to possess a concealed carry license. 


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


Carrying a concealed firearm without a concealed carry license in Florida is a third-degree felony, punishable by up to 5 years in prison (or 5 years of probation), and a $5,000 fine. 


Kissimmee Criminal Defense Lawyers


No matter the circumstances, it’s always vital to have an experienced Kissimmee defense attorney on your side to help you understand your rights and advocate properly for yourself. Will Hanlon of Hanlon Law has over 20 years of experience in the courtroom. Our legal team will 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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