Open Carrying of a Weapon

The Palm Beach and Broward County criminal defense attorneys at the Law Offices of Leifert & Leifert know that the issue of gun ownership (let alone the issue of open carrying of firearms) in the State of Florida is a contentious issue. As such, an understanding of the laws that detail the restrictions on firearm and weapon ownership and transportation is crucial. Our criminal defense lawyers represent clients fighting a wide array of charges, including and especially crimes related to the open carrying of weapons, including firearms. Subsection 790.053 of the Florida State Statutes, which deals with the open carrying of weapons, is below:

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Florida state law maintains that it is unlawful for individuals to openly carry “on or about” their person (body) any firearm (whether it be a handgun, rifle, shotgun, etc.) or electric weapon or device. However, s. 790.053 does stipulate that individuals are permitted to openly carry self-defense chemical sprays and/or nonlethal stun guns, dart-firing stun guns, and/or other nonlethal electric weapons or devices, provided that those objects are designed solely for the purpose of defending oneself.

Our Palm Beach and Broward County criminal defense lawyers know that, as s. 790.053(1) states, there are exceptions to this law. For instance, individuals are permitted to openly carry a firearm if they are engaged in fishing, camping or lawful hunting, or if they are going to or returning from a fishing, camping or lawful hunting expedition. Additionally, as detailed by s. 790.25(3), individuals who are engaged in the manufacturing, repair or legal dealing of firearms are permitted to move about with firearms lawfully. Other individuals permitted to openly carry firearms include members of lawful militias and police forces, while they are preparing for or while they are in training, and/or while they are on or in commute to/from official duty, etc. Our criminal defense lawyers know that there are far more instances in which open carry of a weapon is legal; our expert knowledge has exonerated many individuals who would have, according to the statute, otherwise faced punishment for a first-degree misdemeanor. If convicted of a violation of s. 790.053, according to s. 775.082 and s. 775.083, you can face up to 60 days in prison and/or a fine of $500.

If you have been charged with the crime of openly carrying a weapon or firearm, contact the Law Offices of Leifert & Leifert. We are a partnership of former prosecutors—we use our past experiences to embolden the legal strategies that we use in representing our clients today. For a free consultation, and to see how we can help you aggressively fight the charges against you, call us at 1-888-5-DEFEND (1-888-533-3363).

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