Carrying a Concealed Weapon in Florida

Posted by Jacqueline D. Crowley | Feb 13, 2015 | 0 Comments

The laws regulating the carrying of concealed weapons can be complicated. There are many requirements for obtaining a license to carry a concealed weapon, and several restrictions on where it may be carried. Additionally, the unlawful possession of a concealed weapon has the potential for severe consequences.

License to Carry a Concealed Weapon

Under Florida law, the Department of Agriculture and Consumer Services (DACS) has the responsibility for the issuance of licenses to carry concealed weapons. A weapon is considered concealed if it is carried by a person in such a way as to conceal it from the ordinary sight of another person. Concealed weapons may include a handgun, electronic weapon or device, tear gas gun, knife, or billie, but not a machine gun.

In order to receive a license to carry a concealed weapon, the applicant must, among other requirements:

  1. be at least 21 years old;
  2. be a U.S. resident and citizen;
  3. provide proof that the individual completed a course or class related to weapon/firearm safety; and
  4. desire to carry the concealed weapon or firearm for lawful self-defense.

A license to carry a concealed weapon is valid for seven years and is renewable. The license holder must carry the license and a valid form of identification when carrying the weapon. Further instructions on the process for applying for a license can be found at the DACS website.

Importantly, the issuance of a license to carry a concealed weapon does not grant the license holder the right to carry a concealed weapon any place he or she pleases. There are many places where a concealed weapon may not be carried, such as a courthouse, police station, or athletic event not related to firearms. Carrying a weapon into a prohibited place is a misdemeanor of the second degree with maximum penalties of a jail term of up to 60 days and a fine of up to $500.

Penalties for Unlawfully Carrying a Concealed Weapon

Carrying a concealed weapon or an electric weapon or device without a license to do so is a first degree misdemeanor, which is punishable by a jail sentence of up to one year and a fine of up to $1,000. An individual who carries a concealed firearm without a license to do so commits a third degree felony, which is punishable by a prison sentence of up to five years and a fine of up to $5,000.

However, the following may be carried in a concealed manner without a license to do so if they are carried for lawful self-defense:

  1. Self-defense chemical spray; or
  2. A non-lethal stun gun or dart-firing stun gun or other non-lethal electric weapon or device designed solely for defense.

Providing the Help You Need

If you have been charged with the unlawful carrying of a concealed weapon, you need experienced legal representation. The south Florida attorneys at Farkas & Crowley, P.A. have the experience and knowledge required to help you protect your rights. If you are facing a charge related to carrying a concealed weapon, please contact us today.

About the Author

Jacqueline D. Crowley

Jacqueline D. Crowley, Esq. has made it her career to specialize in litigation and trial practices, predominantly in the field of criminal defense, as well as family law and personal injury. She started her career as a prosecutor and slowly worked her way to private practice. Today she fully embraces aggressive criminal defense helping

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