West Palm Beach Carrying a Concealed Weapon or Firearm Attorney David W. Olson
Florida aggressively prosecutes individuals who carry an unlicensed concealed weapon or firearm. Under Florida Statute 790.01, a conviction for carrying an unlicensed concealed weapon will potentially result in a first degree misdemeanor. An individual convicted for carrying a concealed unlicensed firearm potentially faces a third degree felony, punishable by up to a five year prison sentence and a $5,000 fine, or both.
If you were charged with carrying a concealed weapon it is advisable to immediately consult with an experienced criminal defense attorney. Early representation is always preferred because it allows your attorney to take control of your case at the earliest possible time. This will allow your attorney to immediately start preparing your defense.
Attorney David W. Olson, with more than 30 years of experience, has represented thousands of clients charged with virtually every serious felony and misdemeanor, including carrying a concealed weapon or firearm without a permit. Attorney Olson is located in West Palm Beach and offers a complimentary consultation.
Florida Statute 790.01 Unlicensed carrying of concealed weapons or concealed firearms.
(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.
Understanding the Statute; Defenses
The following defenses may apply to carrying a concealed weapon:
- A current concealed weapons permit is the most obvious affirmative defense.
- If the accused is unaware of the presence of the firearm or weapon this may be raised as a defense. Although it might seem unusual, in some instances people actually are not aware of the presence of a weapon in their clothing (coat pocket, for example), briefcase, suitcase, toolbox, vehicle or elsewhere.
- Weapon was in plain view. If others can see it, it is not concealed.
- Others – speak to Attorney Olson.
Concealed Weapon is Not Unlawful at Home or Business
Under Florida Statute 790.25 (3), Lawful Uses, there are numerous provisions where firearms and weapons are legal to possess. These include members of the military, law enforcement, emergency management, security guards, etc. Of note is the following:
- (3)(n): “A person possessing arms at his or her home or place of business.”
Under section (3)(n), therefore, it is not unlawful to carry a concealed weapon in one’s home or at one’s place of business.
What the State Must Prove to Meet its Burden
In order for the State to prove its case, it has to prove two elements:
- The defendant knowingly carried on or about his or her person a firearm or weapon or electric weapon or device;
- The firearm, weapon, electric weapon or device was concealed from the ordinary sight of another person.
Unless the State can prove both elements beyond a reasonable doubt, it has not met its burden and the case must be dismissed.
West Palm Beach and South Florida Criminal Defense Attorney David W. Olson
Over a course of more than three decades, Attorney Olson has represented thousands of clients charged with serious felonies and misdemeanors. Attorney Olson fully understands that every case is of the utmost importance to every client. When a client is facing a criminal offense, they want an attorney who will listen and fight for their freedom and their rights. Attorney Olson has received numerous accolades and awards for providing exemplary legal representation, including:
- AV Preeminent Rating for “high ethical standards and professional ability,” awarded to only 5% of attorneys rated
- “Top 100 Trial Lawyers” – National Trial Lawyers
- “Ten Best Member” – American Institute of Criminal Law Attorneys
- “Nation’s Top One Percent” – National Association of Distinguished Counsel
Attorney Olson represents clients in West Palm Beach, Palm Beach County, Broward County, Miami-Dade County and throughout South Florida. Spanish-speaking clients are welcome. For a complimentary case review, call The Law Offices of David W. Olson at 561-833-8866
Florida Statutes, Sections. 790.01, 790.25 (2015) Florida Standard Jury Instructions Ch 10.1