Our Palm Beach and Broward County criminal defense lawyers represent individuals facing a wide range of charges, including those related to the carrying of a concealed weapon. We know that our state’s laws governing this crime can be confusing, which is why our Ft Lauderdale gun lawyers have outlined the relevant state statutes and their implications below.
Florida State Statute 790.01 deals with the issue of carrying of concealed weapons. As a general matter, according to state law, a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable by up to 1 year in prison and/or $1,000 in fines. More seriously, as or Palm Beach and Broward County criminal defense lawyers know, a person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable by up to 5 years in prison and/or $5,000 in fines.
Because all of our attorneys are former prosecutors, we know from handling concealed carry cases that there are circumstances in which it is legal and even appropriate to carry a concealed weapon and/or firearm. For instance, it is lawful for someone to carry a concealed weapon or a concealed firearm if they are licensed to do so, pursuant to State Statute 790.06. Additionally, as our attorneys know from experience, it is not a violation of the law against concealed carry for a person to carry for purposes of lawful self-defense such items as a self-defense chemical spray, a nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
However, just because there are legal grounds on which you are allowed to carry a concealed weapon-type object as outlined above does not mean that you can’t be prosecuted for the use of an electric weapon or device, a dart-firing stun gun, and/or a self-defense chemical spray during the commission of any criminal offense. So, for instance, it’s entirely legal to carry self-defense chemical spray in your purse as a means by which to protect yourself, but if you decide to commit a criminal offense (such as robbery, etc.) and then you use the chemical spray during the commission of that criminal offense (i.e. in order to disable a victim or law enforcement officer), you can be prosecuted for use of said chemical spray. You can be charged with using the chemical spray because, in the instance described above, you used it as part of a criminal act, not for self-defense.
If you have been arrested for or charged with carrying a concealed weapon or firearm in Ft Lauderdale, or if you have any questions about this or any other state statute, please contact our criminal defense attorneys at the Law Offices of Leifert & Leifert.