Carrying Concealed Firearm Florida

Carrying a Concealed Firearm in Florida

Carrying a concealed firearm in Florida is prosecuted under § 790.01, Florida Statutes. Although Florida has modified aspects of its firearm laws in recent years, concealed carry violations can still result in misdemeanor or felony charges depending on the circumstances. These cases frequently arise from traffic stops, street encounters, or investigative detentions where law enforcement alleges a firearm was concealed on or about a person without lawful authorization.

Attorney Jason Goldsmith represents individuals charged with firearm-related offenses throughout the State of Florida. As a former Broward County prosecutor, he understands how concealed carry cases are evaluated, how officers document concealment, and how prosecutors assess proof, leverage, and sentencing exposure.

Statutory Authority – § 790.01, Florida Statutes

Section 790.01 governs carrying concealed weapons or firearms. The statute historically required a valid concealed weapon license for lawful concealed carry. Recent statutory changes allow certain forms of permitless concealed carry under specific conditions. However, statutory compliance remains critical, and not all firearm possession situations are protected.

The prosecution must prove that the defendant knowingly carried a firearm on or about his or her person and that the firearm was concealed from the ordinary sight of another person.

What Does 'Concealed' Mean Under Florida Law?

Florida courts have defined concealment as being hidden from the ordinary sight of another person. This does not necessarily mean completely invisible. Instead, the analysis focuses on whether the firearm was hidden from casual observation. Partial visibility may or may not defeat a concealment allegation depending on context.

These cases often turn on body camera footage, officer testimony, and the specific positioning of the firearm in clothing, bags, waistbands, or vehicle compartments.

How Concealed Firearm Cases Commonly Arise

Most concealed firearm charges originate during traffic stops. Officers may observe a bulge, receive a tip, or conduct a search following consent or probable cause. In some cases, the firearm is discovered during a pat-down search conducted under Terry v. Ohio standards.

Fourth Amendment litigation frequently becomes central in these prosecutions. If the stop, frisk, or vehicle search violated constitutional protections, suppression may significantly weaken the State’s case.

Permitless Carry and Legal Exceptions

Florida law has evolved regarding concealed carry authorization. However, lawful carry remains subject to statutory limitations. Certain locations remain prohibited, and specific individuals—including convicted felons—are not eligible for lawful possession.

Defense analysis often includes reviewing whether the accused qualified under current statutory exceptions and whether law enforcement properly understood the applicable law at the time of arrest.

Misdemeanor vs. Felony Exposure

Carrying a concealed firearm is typically prosecuted as a third-degree felony when statutory violations are established. A third-degree felony is punishable by up to 5 years in state prison, 5 years of probation, and a $5,000 fine.

Criminal Punishment Code scoring depends on additional offenses and prior record. For defendants with minimal history, probation may be possible. However, when combined with other felony allegations, sentencing exposure can increase substantially.

Collateral Consequences

A concealed firearm conviction can affect employment, professional licensing, and firearm rights. Because firearm charges are treated as serious public safety matters, background checks frequently flag these convictions prominently.

Defense Strategies in Concealed Carry Cases

Defense strategies often include challenging whether the firearm was truly concealed, litigating unlawful searches or stops, disputing knowledge, and reviewing statutory eligibility for lawful carry.

In some cases, body camera footage may contradict officer descriptions of concealment. Careful evidentiary review can expose inconsistencies that materially affect the prosecution’s burden of proof.

Frequently Asked Questions

Is it illegal to have a firearm in my car in Florida?

Florida law allows certain lawful vehicle possession under specific conditions. However, the manner of storage and accessibility can affect whether the State alleges concealment or unlawful carry.

Does partial visibility defeat a concealment charge?

Not necessarily. Courts analyze whether the firearm was hidden from ordinary sight. Context and witness testimony often matter.

Can a concealed firearm charge be dismissed if the stop was unlawful?

Yes. If the initial stop or frisk violated constitutional protections, suppression may significantly weaken the prosecution’s case.

Is prison likely for a first offense?

Sentencing depends on felony degree, prior record, and scoresheet calculation. Probation is possible in appropriate cases.

Can the charge be reduced?

Depending on the facts and evidentiary issues, negotiation may result in reduction or alternative resolution.

Does permitless carry eliminate all concealed firearm charges?

No. Permitless carry remains subject to statutory conditions and restrictions.

How does a former prosecutor approach concealed carry cases?

Understanding how officers document concealment and how prosecutors evaluate body camera footage informs effective defense strategy.

Statewide Florida Representation

Attorney Jason Goldsmith represents individuals charged with concealed firearm offenses throughout Florida. The main office is located in Broward County, Florida.

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Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship.