Miami Carrying Concealed Firearm Attorneys

If you are facing criminal charges for carrying a concealed firearm in Miami, it is vital to seek legal representation from a skilled criminal defense lawyer as soon as possible. Our experienced Miami carrying concealed firearm attorneys have years of experience defending weapons charges. We can help protect your rights and fight for the best possible outcome in your case.

Florida’s Constitutional Carry Law

On July 1, 2023, Florida became a constitutional carry state when House Bill 543 took effect. This law significantly changed Florida’s concealed carry requirements. While obtaining a concealed weapons license is still available, it is no longer mandatory for individuals who meet specific eligibility criteria. Under the new law, you can now carry a concealed weapon or firearm in Florida if you either:

  • Have a valid concealed weapons license issued by Florida or another state with reciprocity, OR
  • Meet the eligibility requirements for obtaining a concealed weapons license under Florida Statute 790.06, even without actually obtaining the license.

This means that law-abiding Florida residents and eligible non-residents who could legally obtain a concealed carry license may now carry concealed firearms without going through the licensing process, including without completing firearms training or paying licensing fees.

Who Can Legally Carry a Concealed Firearm Without a License?

Under Florida’s constitutional carry law, you may carry a concealed weapon or firearm without a license if you meet all the eligibility criteria outlined in Florida Statute 790.06 (excluding the requirements to complete firearms training or state a desire for lawful self-defense). These eligibility criteria include:

  • You must be at least 21 years old to qualify for unlicensed concealed carry under section 790.01(1)(b). Qualifying servicemembers and honorably discharged veterans younger than 21 may obtain a concealed weapon or firearm license under section 790.062.
  • You must be a U.S. citizen or permanent resident alien
  • You cannot have been convicted of a felony
  • A finding of guilt, withheld adjudication, or suspended sentence for a misdemeanor crime of violence can disqualify you until three years after you complete probation and all other court conditions, unless the record has been sealed or expunged.
  • You cannot be a fugitive from justice
  • You cannot have been adjudicated mentally defective or committed to a mental institution
  • You cannot chronically and habitually use alcoholic beverages or other substances to the extent that your normal faculties are impaired
  • You cannot be prohibited from purchasing or possessing a firearm under federal law
  • You cannot have had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled

Important: If you carry a concealed weapon or firearm without a license, you must carry valid identification at all times and display it upon demand by a law enforcement officer. Failure to do so is a noncriminal violation punishable by a $25 fine.

Florida’s concealed-carry rules do not resolve every firearms issue. If your case also involves alleged unlawful possession under federal law, see our discussion of federal firearms charges.

Benefits of Obtaining a Concealed Weapons License

While you are no longer required to obtain a concealed weapons license in Florida if you meet the eligibility criteria, there are several advantages to obtaining one:

  • You can bypass the mandatory three-day waiting period when purchasing a firearm
  • You can carry concealed in other states that have reciprocity agreements with Florida
  • Having a license demonstrates to law enforcement that you have undergone a background check and firearms training

Where You Cannot Carry a Concealed Firearm

Even with the constitutional carry law, certain locations remain off-limits for concealed carry. Florida Statute 790.06(12) prohibits carrying concealed weapons or firearms in the following places:

  • Any place of nuisance
  • Any police, sheriff, or highway patrol station
  • Any detention facility, prison, or jail
  • Any courthouse
  • Any courtroom
  • Any polling place
  • Any meeting of the governing body of a county, public school district, municipality, or special district
  • Any meeting of the Legislature or a committee thereof
  • Any school, college, or professional athletic event not related to firearms
  • Any elementary or secondary school facility or administrative building
  • Any career center
  • Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose
  • Any college or university facility. The exception for a registered student, employee, or faculty member applies only to qualifying defensive stun guns and nonlethal electric devices that do not fire a dart or projectile; it does not authorize carrying a firearm.
  • The inside of the passenger terminal and sterile area of any airport
  • Any place where the carrying of firearms is prohibited by federal law

A knowing and willful violation of section 790.06(12) is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Separate state or federal laws may also apply; unlawful firearm possession on school property can be a felony, depending on the person’s carry authorization and the circumstances. Additionally, private property owners can prohibit firearms on their premises by posting appropriate signage.

Definitions of Weapon and Firearm

What is a Concealed Weapon in Florida?

Florida Statute 790.01 addresses carrying concealed weapons. According to Florida Statute 790.001, a concealed weapon is defined as “any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife . . . carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.” This means that if you carry a weapon on your person or in a bag or other container in a way that someone else would not be able to see, you could be charged with carrying a concealed weapon.

What is a Concealed Firearm?

A concealed firearm is a firearm carried on or about a person so that it is hidden from another person’s ordinary sight. The firearm’s location and visibility matter; identifying an object as a firearm does not establish that it was concealed.

Exceptions to Concealed Weapons/Firearms Law

In addition to those who meet the constitutional carry criteria, the following individuals are authorized to carry concealed weapons:

  • Law enforcement officers and other individuals who are authorized to carry concealed firearms in the course of their employment. These individuals must be adequately trained and licensed.
  • Military personnel who are on active duty and are carrying a valid military identification card and orders.
  • It is not illegal for anyone to carry a self-defense chemical spray, a nonlethal stun gun, a dart-firing stun gun, or other nonlethal electric weapons for self-defense as long as it is carried in a concealed manner. However, using any of these items during the commission of a crime can still result in prosecution.

Penalties for Unlawful Carrying of a Concealed Weapon/Firearm

The penalties for unlawfully carrying a concealed weapon or firearm in Miami may vary depending on the specific circumstances of your case and your criminal history.

Carrying a concealed weapon without authorization: If you are convicted of carrying a concealed weapon (not a firearm) and you do not meet the eligibility requirements under Florida law, you could face a first-degree misdemeanor charge, punishable by up to one year in county jail and a fine of up to $1,000.

Carrying a concealed firearm without authorization: If you are convicted of carrying a concealed firearm and you do not meet the eligibility requirements, you could face a third-degree felony charge, punishable by up to five years in prison and a fine of up to $5,000.

Carrying in a prohibited location: The charge depends on the location and the law violated. A knowing and willful violation of section 790.06(12) is a second-degree misdemeanor, carrying up to 60 days in jail and a $500 fine. Other laws may permit felony charges, including for certain violations involving school property.

Failure to display identification: If you are carrying concealed without a license and fail to display valid identification upon request by law enforcement, you face a noncriminal violation with a $25 fine. In prosecutions for carrying a concealed weapon or firearm, the state bears the burden of proving that you do not have a valid license and that you are ineligible to receive and maintain such a license (except for demonstrating firearm competency or stating a desire for lawful self-defense).

Whether you are charged with a misdemeanor or a felony, your criminal lawyer must explore every avenue available to help you avoid criminal punishment. In some cases, the prosecutor may be willing to negotiate a plea deal that involves reduced charges or a lighter sentence. In other cases, it may be necessary to go to trial to fight the charges.

Defenses to Carrying a Concealed Weapon/Firearm

To convict you of unlawfully carrying a concealed weapon or firearm in Miami-Dade County, the prosecutor must prove beyond a reasonable doubt that you were carrying a weapon or firearm in a manner that concealed it from the ordinary sight of another person and that you were not authorized to do so under Florida law. Several possible defenses may be available depending on the facts and circumstances of your case.

Meeting Constitutional Carry Requirements

One of the most important defenses under the new law is demonstrating that you meet all the eligibility requirements to carry concealed without a license. If you can establish that you satisfy the criteria under Florida Statute 790.06 (excluding firearms training and the self-defense statement requirements), you should not be convicted of unlawfully carrying a concealed weapon or firearm. The burden is on the prosecution to prove that you do not meet these requirements. Your attorney can present evidence that you meet the age requirements, have no disqualifying criminal history, are not prohibited from possessing firearms under federal law, and satisfy all other eligibility criteria.

Lack of Concealment

One defense you or your attorney may be able to raise is a lack of concealment. This means that you may be able to argue that the weapon was not concealed on your person or in a bag or other container in a way that someone else would not be able to see it. To successfully argue the lack of concealment as a defense, you must provide evidence that the weapon was visible to others. This could include testimony from witnesses who saw the weapon, or photos or video footage showing the firearm in plain sight. It is important to note that merely carrying a weapon in a visible location may not constitute a defense against a charge of carrying a concealed firearm or weapon. In some cases, the prosecutor may be able to argue that the weapon was partially concealed or that you took steps to conceal it at some point during the alleged offense.

“Securely Encased”

Under Florida Statute 790.25(4), a person age 18 or older who lawfully possesses a handgun or other weapon may keep it inside a private vehicle if it is securely encased or otherwise not readily accessible for immediate use. This exception does not authorize carrying it on your person. A person who independently qualifies for concealed carry may carry on their person inside the vehicle.

“Securely encased” includes a glove compartment, whether locked or unlocked; a snapped holster; a gun case, whether locked or unlocked; a zippered gun case; or a closed box or container that requires opening a lid or cover to gain access.

Not in Constructive Possession

Situations may arise in which an officer charges someone with carrying a weapon or firearm that they didn’t actually possess. This can occur when an officer discovers a weapon in a vehicle or another location where several people are present. In this situation, the prosecutor needs to prove that you constructively possessed it—you knew about its presence and had control over it. This defense may apply, for example, when the officer finds a weapon or firearm under a passenger’s seat in a vehicle.

Other Defenses

There are several other defenses that you or your attorney may be able to raise in court. Some possible defenses to a weapon concealment charge include:

  • Lack of knowing possession: Evidence that you did not know the firearm or weapon was present may defeat the State’s claim that you knowingly carried it. The defense should focus on what you knew about the weapon and your control over it.
  • Illegal search and seizure: Your attorney should examine the legal basis for the stop, frisk, arrest, and search, including whether police had probable cause where required. Some searches are lawful without a warrant. If police violated your Fourth Amendment rights, a motion to suppress may keep the firearm or other evidence out of court.
  • Valid concealed weapons license: If you have a valid concealed weapons license from Florida or a state with reciprocity, you cannot be convicted of unlawfully carrying a concealed weapon or firearm (unless you carried it in a prohibited location).

The defenses available to you will depend on the specific circumstances of your case. An experienced criminal defense attorney can help you understand your options and develop a defense strategy tailored to your specific situation.

Contact an Experienced Miami Gun Crime Lawyer

If you have been charged with carrying a concealed firearm or weapon in Florida, it is important to seek legal representation from an experienced Miami gun crime lawyer as soon as possible. The constitutional carry law has created new issues in Florida’s weapons laws, and understanding how these changes apply to your specific situation requires detailed knowledge of both the new law and the eligibility requirements. Our criminal defense attorneys have extensive experience defending against weapons offenses under Florida’s evolving gun laws. We will thoroughly review the circumstances of your case, gather evidence to demonstrate your eligibility to carry concealed if applicable, and explore all legal options to help you fight for the best possible result. By taking the immediate action of hiring a criminal defense lawyer to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation. CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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