fbpx

Concealed Carry Laws: What You Need to Know and How We Can Help



Understanding Florida’s Concealed Carry Laws

Florida’s concealed carry laws are designed to regulate the possession and carrying of firearms. Under Florida Statute 790.01, carrying a concealed weapon without a license is illegal. This law aims to ensure public safety while respecting the rights of firearm owners. To legally carry a concealed weapon in Florida, individuals must obtain a concealed weapons license issued by the Florida Department of Agriculture and Consumer Services.

The topic of firearms can be controversial, with strong opinions on both sides of the debate. However, the state of Florida is considered gun-friendly compared to other states. According to the Florida Constitution, Article I, Section 8, Floridians have the right to possess firearms. Additionally, Florida Statute 790.33 prevents any local government from creating ordinances or regulations regarding firearms and their ammunition. Violating this statute can result in a $5,000 fine and removal from office for government officials.

Despite these protections, there are important restrictions to consider. Carrying a firearm concealed in public without a license is illegal in Florida. This can lead to severe consequences, including arrest and prosecution. For example, some individuals believe it is acceptable to place a gun under the car seat while driving without a license. This common misconception can lead to arrests for violating Florida Statute 790.01. The firearm must be securely encased to be legal, which means using a glove compartment, a gun safe, a holster with a snap, a zippered gun case, or a box or container with a lid.

What is carrying a concealed weapon? Carrying a concealed weapon means possessing a weapon, such as a firearm, in a hidden manner on one’s person or near one’s body without a proper license.

There are exceptions to the concealed carry prohibition. For instance, Florida law allows individuals without a concealed weapons license to carry a firearm in their car if it is securely encased or not readily accessible for immediate use. Additionally, carrying chemical spray or an electric stun gun for lawful self-defense is permitted without a license. Furthermore, individuals with a concealed weapons license can carry their weapons as long as they avoid locations listed as prohibited under Florida Statute 790.06(12)(a).

Who Can Obtain a Concealed Weapons License?

To qualify for a concealed weapons license in Florida, applicants must meet several requirements:

  • Be at least 21 years old.
  • Be a U.S. citizen or legal resident.
  • Complete a firearms training course approved by the Florida Department of Agriculture and Consumer Services.
  • Have no disqualifying criminal history or mental health issues.

Meeting these requirements is essential for obtaining a license and legally carrying a concealed weapon in Florida. If you have any questions about the process or need legal assistance, consider consulting an Orlando Gun Crime Lawyer.

Concealed Carry Laws in Florida

Carrying a concealed weapon without a license in Florida can lead to severe legal consequences. According to Florida Statute 790.01, this offense is classified as a first-degree misdemeanor, punishable by up to 365 days in jail and a $1,000 fine. If the concealed weapon is carried inside a pharmacy, the offense escalates to a third-degree felony, which can result in up to 5 years in prison and a $5,000 fine.

Understanding the legal consequences of carrying a concealed weapon without a license is crucial for anyone who owns or intends to carry a firearm in Florida. The state takes these violations seriously, and the penalties reflect the gravity of the offense. For instance, individuals found carrying a concealed weapon without the proper license may face immediate arrest and prosecution, leading to a criminal record that can have long-lasting effects on their personal and professional lives.

It’s also important to note that the definition of “weapon” under Florida law is broad. It includes not only firearms but also knives, tear gas, metal knuckles, and other dangerous items. While common pocket knives, butter knives, and antique firearms are generally exempt, carrying any other type of concealed weapon without a license can still result in legal trouble. This broad definition means that individuals must be cautious about what they carry and how they carry it to avoid unintentionally violating the law.

What are the penalties for carrying a concealed weapon without a license? Carrying a concealed weapon without a license is a first-degree misdemeanor punishable by up to 365 days in jail and a $1,000 fine. If carried inside a pharmacy, it escalates to a third-degree felony, with penalties of up to 5 years in prison and a $5,000 fine.

Legal Consequences of Carrying a Concealed Weapon

Exceptions to the Concealed Carry Prohibition

Florida law provides certain exceptions to the concealed carry prohibition. For instance, individuals can carry a firearm in their car without a license if it is securely encased or not readily accessible for immediate use. Securely encased means using a glove compartment, a gun safe, a holster with a snap, a zippered gun case, or a box or container with a lid. This exception is particularly important for those who travel with firearms and want to ensure they comply with the law.

In addition to firearms, Florida law allows for the concealed carrying of chemical sprays and electric stun guns for lawful self-defense without a license. This means that individuals can carry these items for personal protection as long as they are used appropriately and within the bounds of the law. However, it’s crucial to understand the specific regulations surrounding these items to avoid any legal issues.

For those who hold a valid concealed weapons license, the law permits carrying a concealed weapon as long as they avoid locations listed as prohibited under Florida Statute 790.06(12)(a). These prohibited locations include places such as schools, government buildings, and establishments that serve alcohol. Violating these restrictions can still result in legal consequences, even for licensed individuals.

Understanding these exceptions is vital for anyone who owns or carries a weapon in Florida. It can mean the difference between lawful possession and facing serious legal repercussions. If you have any doubts or questions about your specific situation, it’s always best to consult with an Orlando Gun Crime Lawyer to ensure you are fully compliant with the law.

At Leppard Law, we understand the complexities of Florida’s gun laws and are here to help you navigate them. Our experienced attorneys can provide the guidance and representation you need to protect your rights and avoid the severe consequences of a concealed carry violation. If you find yourself facing charges, don’t hesitate to contact us for a consultation.

Remember, the penalties for carrying a concealed weapon without a license are significant, and ignorance of the law is not a defense. By staying informed and taking the necessary precautions, you can ensure that you remain on the right side of the law while exercising your rights as a firearm owner.

If you or someone you know is facing charges related to carrying a concealed weapon without a license, it’s essential to seek legal assistance immediately. The experienced team at Leppard Law can help you understand your options and mount a strong defense. Call us today at 407-476-4111 to schedule a free consultation and take the first step towards protecting your future.

Defending Against Concealed Carry Charges

Facing charges for carrying a concealed weapon without a license can be daunting. However, there are several defenses that can be employed. One common defense is proving that the weapon was securely encased and not readily accessible. Another defense is demonstrating that the accused had a valid concealed weapons license at the time of the incident.

In Florida, the law requires the prosecution to prove beyond a reasonable doubt that the accused knowingly carried a concealed weapon and that the weapon was out of plain view. This burden of proof often leaves room for various defense strategies, especially when the circumstances surrounding the incident are complex. For instance, if the weapon was discovered in a vehicle, the defense could argue that the weapon was securely encased in a glove compartment, gun safe, or other proper storage container, as stipulated under Florida Statute 790.25(5).

What does “securely encased” mean? In Florida, securely encased means a firearm is in a glove compartment, gun safe, holster, zippered gun case, or any box or container with a lid.

Another effective defense could involve challenging the legality of the search and seizure that led to the discovery of the weapon. If law enforcement officers conducted an illegal search without probable cause, any evidence obtained during that search could be deemed inadmissible in court. This can significantly weaken the prosecution’s case and may even lead to the charges being dropped altogether.

Additionally, it is crucial to scrutinize the arresting officer’s observations and procedures. Any deviations from standard protocols or inconsistencies in the officer’s report can be used to cast doubt on the prosecution’s case. For example, if the officer failed to properly identify themselves or did not follow proper procedures during the stop, these factors could be leveraged to challenge the validity of the charges.

At Leppard Law, our experienced attorneys are skilled in identifying and exploiting these potential defenses to provide the best possible outcome for our clients. If you find yourself facing concealed carry charges, it is imperative to seek legal assistance immediately to protect your rights and build a strong defense.

How an Experienced Firearms Defense Attorney Can Help

An experienced firearms defense attorney can provide invaluable assistance in navigating the complexities of concealed carry laws. They can help gather evidence, identify potential defenses, and represent you in court to achieve the best possible outcome.

One of the primary roles of a defense attorney is to thoroughly investigate the circumstances surrounding the charges. This includes reviewing police reports, interviewing witnesses, and examining any available evidence. By doing so, the attorney can identify weaknesses in the prosecution’s case and develop a robust defense strategy tailored to the specific facts of your situation.

Moreover, an experienced attorney can provide guidance on the legal process and help you understand your rights and options. They can negotiate with prosecutors on your behalf to seek reduced charges or alternative sentencing options, such as probation or community service, rather than jail time. In some cases, they may even be able to secure a dismissal of the charges altogether.

At Leppard Law, we have a deep understanding of Florida’s firearms laws and a proven track record of successfully defending clients against concealed carry charges. Our team is dedicated to providing personalized legal representation and ensuring that our clients’ rights are protected throughout the legal process.

In addition to their legal expertise, our attorneys are known for their compassionate approach and commitment to client-centered service. We understand that facing criminal charges can be a stressful and overwhelming experience, and we strive to provide the support and guidance our clients need to navigate this challenging time.

If you or a loved one are facing charges related to carrying a concealed weapon without a license, don’t hesitate to contact us at Leppard Law for a free consultation. Our experienced team is here to help you understand your options and build a strong defense to protect your future.


Steps to Legally Carry a Concealed Weapon in Florida

Carrying a concealed weapon in Florida requires strict adherence to state laws and procedures. Here are the essential steps to legally carry a concealed weapon in Florida:

  1. Complete a Firearms Training Course: The first step is to complete a firearms training course approved by the Florida Department of Agriculture and Consumer Services. This course will cover the basics of firearm safety, handling, and applicable laws.
  2. Submit an Application: After completing the training, you need to submit an application for a concealed weapons license. This application must include the required documentation, such as proof of training completion, and the necessary fees.
  3. Undergo Background Check and Fingerprinting: You will be required to undergo a thorough background check and fingerprinting process. This step ensures that you do not have any disqualifying criminal history or mental health issues.
  4. Receive Your License: Upon approval, you will receive your concealed weapons license, allowing you to legally carry a concealed weapon in Florida.

What is a concealed weapons license? A concealed weapons license is a permit that allows individuals to carry a hidden firearm on their person in public.

It’s important to note that the process of obtaining a concealed weapons license can take several weeks. Therefore, it is advisable to start the application process well in advance if you anticipate needing the license by a specific date.

Florida’s concealed carry laws are designed to balance the rights of firearm owners with public safety concerns. By following these steps and adhering to the legal requirements, you can ensure that you are carrying your weapon legally and responsibly.

Maintaining Your Concealed Weapons License

Once you have obtained your concealed weapons license, it is crucial to maintain it properly. Here are some tips to ensure that your license remains valid and you stay compliant with Florida’s laws:

  • Stay Informed: Regularly check for updates to Florida’s firearms laws. Being aware of any changes can help you avoid unintentional violations.
  • Renew Your License: Concealed weapons licenses in Florida are typically valid for seven years. Make sure to renew your license before it expires to avoid any lapse in your legal ability to carry a concealed weapon.
  • Follow All Restrictions: Even with a license, there are places where carrying a concealed weapon is prohibited, such as schools, government buildings, and certain private properties. Familiarize yourself with these restrictions to stay compliant.
  • Proper Storage: When not carrying your weapon, ensure it is securely stored. This not only complies with legal requirements but also enhances safety. For more information on proper storage, you can refer to Florida Statute 790.25(5).

Criminal Law Books

Understanding and adhering to these guidelines is essential for maintaining your concealed weapons license and ensuring you are always in compliance with Florida law. Failure to comply with these regulations can result in the revocation of your license and potential legal consequences.

At Leppard Law, we understand the complexities of Florida’s concealed carry laws. Our experienced Orlando Gun Crime Lawyers are here to help you navigate these legal requirements and ensure your rights are protected. If you have any questions or need assistance with your concealed carry license, don’t hesitate to contact us.

Common Pitfalls to Avoid

Obtaining and maintaining a concealed weapons license involves several important steps, and it’s easy to make mistakes. Here are some common pitfalls to avoid:

  • Ignoring Training Requirements: Skipping the mandatory firearms training course can lead to application denial. Ensure you complete a course approved by the Florida Department of Agriculture and Consumer Services.
  • Incomplete Application: An incomplete application can delay the approval process. Double-check that you have included all necessary documentation and fees.
  • Missing Renewal Deadlines: Failing to renew your license before it expires can result in a lapse in your legal ability to carry a concealed weapon. Mark your calendar with the renewal date to avoid this issue.
  • Violating Carry Restrictions: Carrying a concealed weapon in prohibited areas can lead to serious legal consequences. Always be aware of the places where carrying is not allowed.
  • Improper Storage: Not storing your weapon securely when not in use can lead to accidents and legal issues. Use a glove compartment, gun safe, or other secure storage options.

What happens if you carry a concealed weapon without a license? Carrying a concealed weapon without a license in Florida is a first-degree misdemeanor, punishable by up to 365 days in jail and a $1,000 fine.

By avoiding these common mistakes, you can ensure that your concealed weapons license remains valid and you stay compliant with Florida’s laws. If you ever find yourself facing legal issues related to concealed carry, our team at Leppard Law is here to help. Our skilled Orlando Firearm Lawyers have extensive experience in handling all types of weapons offenses and can provide the legal support you need.

Contact us today at 407-476-4111 to schedule a free consultation and learn how we can assist you with your concealed carry needs and any other legal concerns.


Infographic depicting the words Concealed Carry Laws: What You Need to Know and How We Can Help


What is the process for obtaining a concealed weapons license in Florida?

Obtaining a concealed weapons license in Florida involves several steps:

  • Complete a firearms training course: This course must be approved by the Florida Department of Agriculture and Consumer Services.
  • Submit an application: Include the required documentation and fees with your application.
  • Undergo a background check and fingerprinting: This ensures you meet the legal requirements.
  • Receive your license: Upon approval, you will receive your concealed weapons license.

Can you carry a concealed weapon in your car without a license in Florida?

Yes, you can carry a concealed weapon in your car without a license in Florida as long as the weapon is securely encased or not readily accessible for immediate use, according to Florida Statute 790.25(5).

  • Securely encased: This means using a glove compartment, gun safe, holster with a snap, zippered gun case, or a box with a lid.
  • Not readily accessible: The weapon should not be easily reachable for immediate use.

What are the penalties for carrying a concealed weapon without a license in Florida?

The penalties for carrying a concealed weapon without a license in Florida include:

  • First-degree misdemeanor: Punishable by up to 365 days in jail and a $1,000 fine.
  • Third-degree felony: If carried inside a pharmacy, punishable by up to 5 years in prison and a $5,000 fine.

What defenses can be used against charges of carrying a concealed weapon without a license?

Defenses against charges of carrying a concealed weapon without a license can include:

  • Securely encased: Proving the weapon was securely encased and not readily accessible.
  • Valid license: Demonstrating that the accused had a valid concealed weapons license at the time of the incident.

For more detailed information on Florida’s concealed carry laws and how our experienced Orlando Gun Crime Lawyers can assist you, please visit our strategic defense for weapon-involved offenses page. If you have any questions or need legal assistance, don’t hesitate to contact us today.


Explore additional practice areas we serve to understand the breadth of our legal expertise:

Orlando Gun Crime Lawyer Strategic Defense for Weapon-Involved Offenses
Improper Exhibition of a Firearm Defend Against Weapon Display Allegations
Discharge of Firearm in Public Motion for Return of Firearm
Furnishing Weapons to Minors Possession of a Firearm by a Convicted Felon
Altering a Firearm’s Serial Number Using a Firearm While Under the Influence
Discharging Any Destructive Device Possession of Short-Barreled Rifle
Making a Fake Bomb Threat Threat to Discharge Destructive Device
Reckless Discharge of a Firearm Possession of a Firearm in Violation of an Injunction

Top-Rated Firearms Lawyers Serving Florida

Looking for the best Firearms lawyers in Florida? Our distinguished team of attorneys is committed to offering you the best possible defense against your Firearms charges.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every Firearms case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.