Miami Unlicensed Carrying of a Concealed Weapon Lawyers

What Locations are Off-Limits for Concealed Carry?

• Schools: It is a felony to possess a weapon on school property, even with a concealed carry license. The only exception is trained school guardians.
• Courthouses: No weapons are allowed in courthouses or courtrooms.
• Airports: Concealed weapons are prohibited in airport terminals and on commercial aircraft. You can travel with properly packaged firearms in checked luggage.
• Federal buildings: Most federal buildings, including post offices and Social Security offices, prohibit concealed weapons.
• Sports stadiums, theme parks: Most large private venues prohibit concealed weapons.
• Bars: It is illegal to carry a concealed weapon into any business that makes most of its money from alcohol sales.
• Polling places: No concealed weapons allowed within 150 feet of a polling place on election day.
• College campuses: Each college or university sets its own rules, but most prohibit concealed carry by students. Professors and staff may be allowed to carry.
• Private property: Concealed carry may be prohibited in private businesses if the owner establishes a no-gun policy.

As you can see, the list of prohibited locations is extensive. Always check signs and policies before entering any property with a concealed weapon.

What Are the Defenses for Unlicensed Concealed Carry?

• You had no criminal intent: If you did not realize the weapon was concealed or forgot you had it, you may be able to argue lack of criminal intent.
• The weapon was not fully concealed: If any part of the weapon was visible, you may not have been illegally concealing it.
• You have a valid defense for possessing the weapon: If you can show you carried the weapon out of a reasonable fear for your safety, that may justify unlicensed concealed carry.
• You have a reciprocity agreement: Florida has reciprocity with over 30 other states. If you have a valid concealed carry license from one of those states, it may be a defense.
• Improper police conduct: If you were subjected to an illegal search or seizure, any evidence found may be suppressed.

A skilled lawyer will look at every aspect of your arrest to build the strongest defense. In some cases, charges may be reduced or dismissed entirely.

What are the Penalties for Unlicensed Concealed Carry?

As mentioned above, unlicensed concealed carry is a third-degree felony in Florida. Penalties include:

• Up to five years in state prison
• Up to five years of probation
• Up to $5,000 in fines
• Permanent criminal record

If convicted, you will also lose your right to own or possess firearms in Florida. That firearm restriction can be temporary or permanent depending on the circumstances.

First-time offenders may be eligible for a deferred prosecution program resulting in a withheld judgment, probation, and restoration of gun rights. But for a felony, this is not guaranteed.

Having an experienced criminal defense lawyer in your corner is critical when facing unlicensed concealed carry charges. An attorney can negotiate with prosecutors for reduced charges, present evidence and defenses at trial, and advocate for the lightest penalties.