Unlawful Concealed Weapon/Firearm
It is unlawful for a person in the State of Florida to carry a weapon or a firearm that is concealed without a concealed weapons permit. A person who knowingly carries a concealed weapon or firearm commits a Third-Degree Felony which is punishable by up to 5 years in prison and up to a $5,000.00 fine. The offense of unlicensed carry of a concealed weapon includes metal knuckles, dirks, a Billie, tear gas, an electrical weapon, or firearm that is concealed from the ordinary sight of another person. To convict a person of the offense of Unlicensed Carry the State must prove three things.
- The person knowingly carried on or about his or her person a firearm or weapon.
- The second element the State must prove is that the firearm or weapon was concealed from the ordinary sight of another person.
- Finally, the State would need to prove that the person did not have a license to carry a concealed weapon or firearm.
Read on to learn more about criminal defense law from the skilled Florida criminal defense lawyers at Meldon Law.
Defenses to Unlawful Concealed Weapon
There are potential defenses to contest the charge of Unlicensed Carry of a Concealed Weapon or Firearm. One is that the person was not in possession of the firearm or weapon and that there is a lack of knowledge regarding the firearm or weapon and its location. Another potential defense is that the weapon or firearm is not readily accessible. The weapon or firearm was in plain or ordinary sight and finally, the individual had a Concealed Weapons Permit (CWP). In addition to potential defense a person can raise, there are also exceptions to the offense of Carrying a Concealed Weapon or Firearm. According to Florida Statute 790.25 subsection(3)(n), it is not unlawful for a person to carry a concealed weapon at his or her home or place of business. It is important to know that Florida Courts have determined that the home exception applies only to the home of the person charged. Another exception is when a weapon or firearm is possessed in a private conveyance (i.e. vehicle), but the firearm or weapon is securely encased or otherwise not readily accessible for immediate use and the person is eighteen years of age or older.
Possession of Firearm by a Convicted Felon
To convict a person for possession of a firearm by a convicted felon the state must prove beyond a reasonable doubt that the induvial had a felony conviction and either owned or had in his possession a firearm or carried a concealed weapon. It is important to know that a person can be convicted of this offense for possessing not only a firearm but also ammunition or an electric weapon or device. Possession of a firearm by a convicted felon is a second-degree felony, meaning the punishment is up to 15 years in the prison and up to a $10,000.00 fine. If a person is charged with actual possession of a firearm as a convicted felon, they are facing a three (3) year minimum mandatory sentence, even if their scoresheet does not require a prison sentence.
One potential defense is that the person was not in possession of the firearm or weapon. In cases were, the state is relying on constructive possession, that there is a lack of knowledge regarding the firearm or
weapon and its location. Or that the person lacks the custody or control over the firearm or weapon. Another potential defense may include illegal search or seizure. Possession of a firearm by a convicted felon is a serious offense, which is why you need an attorney who has experience handling these types of offense. Call Meldon Law at 352-373-8000 for a consultation to see how we can help.
- Additional Weapon Offenses We Defend
- Improper Exhibition of a Firearm
- Discharging a Firearm in Public
- Use of Firearms Under the Influence
- Possession of a Weapon on School Grounds
Why Meldon Law Criminal Defense Lawyers?
Weapons/Firearm offenses are serious and carry with them steep penalties. That is why hiring an experienced attorney is important for any weapons or firearm offense, at Meldon Law we have the knowledge and experience to review the facts of your case, to ensure you’re not charged with the wrong offense, assert potential defenses, protect your constitutional rights and possibly attempt to get the charge reduced or dismissed. Review our past results then if you have been arrested or charged with a Weapons or Firearm offense in North Central Florida, it is important to speak with an attorney that is not only knowledgeable regarding the law, but also in the options that you may have and the options that each county offers. Contact Meldon Law at 352-373-8000 to make an appointment and to speak with an attorney for a free consultation.