In most cases, openly carrying a weapon is prohibited. However, the State has concealed carry laws that allow individuals to carry a weapon when they meet certain criteria.
Hiring a Delray Beach concealed weapons lawyer can help you understand and avoid harsh penalties imposed by State law. If you were accused of violating the State’s concealed weapon laws or want to know more about obtaining a license, a knowledgeable gun defense Attorney at Leifert & Leifert is available to answer your questions.
Carrying a Concealed Weapon with or Without a Permit
The term “concealed weapon” does not just refer to guns. State law defines a concealed weapon as a handgun, electric weapon or device, tear gas gun, knife, or billy club, according to Fla. Stat. Ann. § 790.06.
The statute outlines various requirements to qualify for a permit, which include:
- You are a U.S. citizen or a permanent resident alien
- You are at least 21 years old
- You do not suffer from physical infirmities that prevent you from safely handling a weapon
- You were not convicted of a Felony
- You were not institutionalized for abusing a controlled substance
- You do not chronically abuse alcohol
- You were not declared incapacitated through a guardianship proceeding
- You were not committed to a mental institution
- You were not found guilty of a Felony or Misdemeanor involving violence, unless three years have lapsed since the end of your probation or Expungement
- You do not have any current injunctions for domestic or other violence
- You complete some form of firearm or gun safety training.
House Bill 543 allows permit less carry of concealed weapons in the State, provided the individual otherwise meets the criteria for receiving and maintaining a license.
You must still comply with other applicable regulations for individuals while carrying a concealed weapon. For example, you must have a valid state or government-issued identification when carrying a concealed weapon.
Obtaining a license to carry a concealed weapon still has certain benefits. You may still need a license if you travel to another State with reciprocity for permit owners.
Places That Prohibit Concealed Weapons
Whether you have obtained a license to carry a concealed weapon or if you are relying on the new permit less carry laws, you cannot bring a concealed weapon everywhere.
For example, the law prohibits carrying a concealed weapon into any place considered a place of nuisance under Fla. Stat. Ann. § 823.05. Further, you cannot have a concealed weapon where carrying a firearm is prohibited by federal law.
You are also prohibited from carrying a concealed weapon in the following places:
- Career centers
- Polling venues
- Airport passenger terminals
- Courthouses or a Courtroom
- College or university facilities
- Detention facilities, Prisons, or jails
- Police, sheriff, or highway patrol stations
- An establishment licensed to serve alcohol
- Legislature or legislative committee meetings
- Elementary or secondary school facilities or administration buildings
- Meetings held by the governing body of a county, public school district, municipality, or special district
- Athletic events, including school, college, or professional athletics, unless the event is related to firearms
- Wherever carrying a firearm is prohibited by federal law.
The rule provides certain exceptions. You are not prohibited from carrying a legal firearm into an airplane terminal if it is encased for the purposes of lawful transport. An Attorney in Delray Beach at Leifert & Leifert can determine if concealed weapons were permitted where you were arrested.
Potential Penalties for Violating State Concealed Carry Laws
If you are found in possession of a concealed firearm in a place prohibited by State law, you could go to jail. The crime is a second-degree misdemeanor under State law.
The punishment for second-degree misdemeanors is set forth in Fla. Stat. Ann. § 775.082 and Fla. Stat. Ann. § 775.083. The maximum penalties include an up to $500 fine and a Prison term of up to 60 days in jail.
It is important to note that the statute requires that you knowingly and willfully were violating the State’s concealed carry laws. This is a potential defense if you were unaware that the concealed weapon was in your possession.
Speaking with one of our Delray Beach Attorneys about your concealed weapons charges will help you prepare the best defense possible based on your particular case.
Speak with a Delray Beach Attorney About Concealed Weapon Charges
A Leifert & Leifert Attorney is available to represent you when you need a Delray Beach concealed weapons lawyer. Our lawyers can fight hard on your behalf to get the best possible result for you.
One of our Attorneys is ready to provide you with a free initial consultation and case review. Call now.
