Unlawfully Carrying a Concealed Weapon
While it is a constitutional right to bear arms, this right is closely regulated by both the Federal and State government. In Florida, the state Department of Agriculture Division of Licensing may issue a license to carry a weapon or firearm concealed to eligible individuals who pass a background check and complete required training.
Note that this permit only extends to certain firearms or weapons and may still prevent concealed carry in certain areas. Additionally, the permit is only valid in Florida, though certain other states may honor the permit through reciprocity agreements.
Carrying a Concealed Weapon Defense Attorney in Orlando, FL
Individuals who choose to carry a gun or firearm concealed should be cautious, even with a permit. Violating the terms of the permit or taking a weapon into a state without a reciprocity agreement can result in serious consequences. A defense attorney in Orlando can help you fight these charges and safeguard your permit to carry a weapon or firearm concealed.
If you were charged with unlawfully carrying a concealed weapon in Orlando, then contact an experienced Orlando criminal defense attorney at Hale and Hale, P.A. Our attorneys have helped men and women in Florida with various weapon related offenses. They understand the tactics used by the prosecution and do not settle for the easiest outcome. Call (407) 425-4640 or send an online message to discuss the details of your case and learn about defense options during a free consultation.
Florida Concealed Carry Information Center
Florida Carrying a Concealed Weapon Statute § 790.01
Under this statute, a person who carries a concealed weapon or electric weapon is guilty of a 1st degree misdemeanor, punishable by up to 1 year in prison and $1,000 in fines. Additionally, a person who carries a concealed firearm can be found guilty of a 3rd degree felony, which can be punished with up to 5 years in a Florida State Prison and $5,000 in fines.
This statute does not apply to individuals who have a valid license to carry a concealed weapon or firearm. Florida Statute § 790.01 also does not apply to chemical spray, nonlethal stun guns, dart-firing stun guns, or other non lethal electric weapons that are designed strictly for defensive purposes and are carried for self-defense. Of course, a person can still be prosecuted if a self-defense weapon or device was used in the commission of a criminal offense.
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Elements of Carrying a Concealed Weapon in Florida
The elements of carrying a concealed weapon under Florida Statute § 790.01 require the prosecuting attorney for the State Attorney's Office in Orlando, FL to prove the following beyond all reasonable doubt:
- The person accused of carrying a concealed weapon knowingly carried on or about his or her person the weapon.
- The weapon was concealed from the ordinary sight of another person.
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Florida Concealed Weapon and Firearm Definitions
Florida Statute § 790.001 defines the term "concealed firearm" as a weapon that is designed to explosively expel a projectile, including machine guns, firearm mufflers or silencers, carried in such a way that it is hidden from the view of another person.
This statute further defines "concealed weapon" to include dirks, metallic knuckles, slungshot, billie, tear gas guns, chemical weapons or devices, or other deadly weapons carried on or about a person in a way that hides the weapon from another person.
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Orlando Airport Arrests for Concealed Weapon Carry
Orlando is a popular tourist destination, drawing millions of people from across the country to visit the theme parks and take advantage of other entertainment spots. It is not surprising, therefore, that many arrests occur at the Orlando International Airport (MCO) each year when a passenger leaves home in a hurry without remembering that a firearm or other weapon was hidden in purse, luggage or other carry on bag.
This can be problematic and lead to arrest if the individual does not have a license to carry a concealed weapon or if the license is not valid in Florida. Individuals who travel with a gun or firearm are subject to the weapon laws of the state they travel to. Florida does have agreements honoring permits from roughly 35 states; however, there may be restrictions to these agreements.
Out-of-state individuals arrested for carrying a concealed weapon in an Orlando airport should immediately contact a defense attorney. A knowledgeable attorney can help minimize the need for the accused to show up in court, while fighting for a positive outcome.
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Hale & Hale, P.A. | Orlando Concealed Carry Defense Lawyer
If you have been arrested for carrying a concealed weapon in Orange County, contact Hale & Hale, P.A. today to discuss your case. Remember: an arrest does not mean conviction will follow. With a former state prosecutor on staff, your case will get the benefit of experience on the other side of the aisle as well as the utmost levels of dedication. Your initial consultation is free and is the first step towards fighting for the best possible outcome, whether you are a resident of Orlando, Winter Garden, Ocoee, Edgewood, another Orange County community, or come from out-of-state.