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Carrying a Concealed Weapon

If you or your loved one has been charged with Carrying a Concealed Weapon, contact Tallahassee criminal defense attorney Joe Bodiford.  What follows is the Florida Carrying a Concealed Weapon statute:

Bodiford Law Notes:  The basic rule for carrying a weapon or firearm is that YOU HAVE TO HAVE A CONCEALED WEAPON PERMIT.  Beyond that, the weapon/firearm must be SECURELY ENCASED and NOT READILY ACCESSIBLE FOR IMMEDIATE USE.  There is no “three step” rule in Florida; it is a common misconception that you have to take three steps to get to a weapon/firearm for it not to be considered concealed on your person.  Instead, it must be in a closed area (like a zippered bag or in a locked glove compartment) and not at your fingertips.  Without a permit, having a pistol in your pocket is illegal. 

People most commonly have guns in their cars.  Having the pistol stuffed between the seats, or in the driver door compartment (where your umbrella usually goes) is illegal.  THESE ARE GENERAL TIPS to keep you within the statute; there are many different nuances of the statute that have been further explained by Florida case law.  To be safe, have a concealed weapon permit, or keep the gun in a case and out of reach in the car.

Joe recommends the book FLORIDA FIREARMS Law, Use & Ownership 9th edition Dec 2018 for a detailed explanation of Florida firearms and weapons laws.

790.01. Unlicensed carrying of concealed weapons or firearms

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(1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and 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 as provided in s. 775.082 or s. 775.083.

(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to:

(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.

(b) A person who carries for purposes of lawful self-defense, in a concealed manner:

1. A self-defense chemical spray.

2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(4) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.