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 (18 for active duty military members or veterans)
  • You must be a U.S. citizen or permanent resident alien
  • You cannot have been convicted of a felony
  • You cannot have been found guilty of a crime involving the use of violence within the past three years
  • 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.

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
  • In a prosecution, you will not need to prove you meet the eligibility criteria, as the burden of proof shifts to the state

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 unless the licensee is a registered student, employee, or faculty member
  • The inside of the passenger terminal and sterile area of any airport
  • Any place where the carrying of firearms is prohibited by federal law

Carrying a concealed weapon or firearm in any of these prohibited locations is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. 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?

Florida Statute 790.001 defines a concealed firearm as any weapon (including a starter gun) that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. This definition includes guns, rifles, shotguns, machine guns, and other weapons designed to discharge a bullet or other projectile by means of an explosive. It includes any firearm muffler, silencer, or “destructive device.” A “destructive device” is any bomb, grenade, mine, rocket, missile, pipe bomb, or similar device that contains an explosive, incendiary, or poison gas and is capable of causing harm to people or damaging property.

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: If you carry a concealed weapon or firearm in a location where it is prohibited by law, you can be charged with a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.

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”

If you were arrested in your car or another vehicle, you might be able to raise the defense that your weapon was “securely encased,” even if it was concealed. Florida Statute 790.25 provides that it is not a violation of Florida Statute 790.01 (which addresses carrying a concealed firearm or weapon without proper authorization) if the firearm or weapon is “securely encased” and otherwise not readily accessible for immediate use. According to Florida Statute 790.001, a weapon is considered to be “securely encased” if it is:

  • In a glove compartment, whether locked or not
  • In a closed box or container that requires a lid or cover to be opened for access
  • In a closed trunk
  • In a closed cargo or luggage compartment of a motor vehicle

It is important to note that the exception for a “securely encased” weapon only applies to the transportation of the weapon, not to the carrying of the weapon on your person or in a bag or other container.

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 knowledge: You may be able to argue that you did not know that you were carrying the weapon or that you did not know that it was illegal for you specifically to carry a concealed firearm or weapon without proper authorization.
  • Lack of intent: You may be able to argue that you did not have the intention to carry a concealed firearm or weapon or that it was not in your control at the time of the alleged offense.
  • Illegal search and seizure: If the police violated your Fourth Amendment rights by searching you or your property without a warrant or probable cause, any evidence obtained from the search might be inadmissible in 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. 

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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