Are Charges of Unlicensed Carrying of Concealed Weapons or Firearms a Misdemeanor or Felony?

The laws related to charges of unlicensed carrying of concealed weapons or firearms are outlined in Section 790.01 of the 2016 Florida Statutes. Whether the charge is a felony or misdemeanor depends on the nature of the weapon you are carrying.

If you are not licensed according to s. 790.06 and police arrest you for carrying a concealed weapon or electric weapon or device – such as a taser – on or about your person, then you will face first-degree misdemeanor charges.

If you are not licensed according to s. 790.06 and police arrest you for carrying a concealed firearm on or about your person, then you will face third-degree felony charges.

If you are facing weapons charges in Florida, it is critical that you take immediate action to protect your interests. Your first call should be to a criminal defense attorney.

Michael D. Leader is a criminal lawyer in Fort Lauderdale who will aggressively defend your interests. Depending on the facts of your case, it may be possible to negotiate for reduced penalties or lesser charges, or to convince the court to dismiss your case.

As your criminal attorney, Michael D. Leader will make himself available 24 hours a day, seven days a week to answer your questions. Call 954-523-2020 today to schedule a free initial consultation at Leader & Leader P.A.

Are There Exceptions to Section 790.01 of the 2016 Florida Statutes?

Yes. There are certain situations when a person can carry a concealed weapon legally.

For example, if the governor of Florida declares a state of emergency pursuant to chapter 252, or a local authority declares a state of emergency pursuant to chapter 870, then you can carry a concealed weapon or firearm – if you are lawfully permitted to possess the firearm – while evacuating during a mandatory evacuation order. However, this exception only applies during the 48 hours after the evacuation order was issued, and while you are in the urgent and immediate act of leaving the evacuation zone.

Section 790.01 also does not apply to a person who, in lawful self-defense, carries a self-defense chemical spray or a nonleathal dart-firing stun gun, nonleathal stun gun, or other nonlethal electric device or weapon designed solely for defense purposes.

What Are the Penalties for Unlicensed Carrying of Concealed Weapons or Firearms?

The penalties for these charges are outlined in s. 775.082, s. 775.083 and s. 775.084.

Of particular importance is the type of weapon you were carrying. This will determine whether you will face first-degree misdemeanor charges or third-degree felony charges, which will determine the potential consequences of a conviction.

A first-degree misdemeanor is punishable by up to one year imprisonment and a fine of up to $1,000. A third-degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.

If you are facing weapons charges in Florida, contact Leader & Leader P.A. Michael D. Leader is a criminal lawyer in Fort Lauderdale who will give your case the individual attention that it deserves. Call 954-523-2020 to schedule a free consultation.