West palm beach, fl - Se habla espanol

Carrying a Concealed Weapon Or Firearm


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:

  1. A current concealed weapons permit is the most obvious affirmative defense.
  2. 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.
  3. Weapon was in plain view. If others can see it, it is not concealed.
  4. 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. Please 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:

  1. The defendant knowingly carried on or about his or her person a firearm or weapon or electric weapon or device;
  2. 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:

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

Free case review

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.


Better call Saul? More like, BETTER CALL OLSON!

“David W. Olson is the best lawyer I have come across. He truly will sit and listen to your story and no matter what he will fight for your rights. He is very compassionate, and understanding. He will work with you and does his job with a good heart. Mr. Olson truly has saved my life and gave me a second chance. You wont go wrong with hiring David Olson as your attorney. I highly recommend him and I am proud to have chosen him as my attorney.”


Found the Best!

“David Olson has represented me on two occasions. I have since referred two of my friends and my nephew to him, and they have all told me they’ll always be grateful for that. Mr. Olson somehow had the charges dropped in both of my cases (actually, I do know how, because he and his staff answered all my questions and explained in detail things that I never would have thought of).”


Compassionate Attorney

"My husband and I hired Mr. Olson to represent our son a Florida gun shot victim. We are New Jersey residents. From day one we felt comfortable with Mr. Olson and found him to be easy to talk to and a very good listener. This was important to us after our horrible experience with another attorney who was more concerned with hearing himself speak than our wishes."


Personable and Highly Intelligent!

“I saw David today to discuss some possible outcomes and possibilities of a probable future case. I did not know if I was going to be charged at all but I wanted to speak to someone to get a better idea of what I was looking at and what my options were. As soon as I shook his hand I felt very comfortable and respected. I laid it all out for him and asked him every last question I had, all of which were answered respectfully and intelligently.”


The Best of the Best

"I have known David Olson for over 20 yrs. now and have had my rough times in my past and unfortunately I ended up in trouble with the law and really needed help from a real lawyer. I needed someone to listen to my side of the story and really fight my cases in court for me and get the BEST results for my cases. A very close friend said the man for the job is David W Olson; So I contacted him & he came to me the very next day to hear me out and I knew he was the lawyer that would do the best for me and he did.”

Chet B.

Hearty Recommendation

"I hired Mr. Olson from recommendation by family member. He was immediately behind my situation and put me completely at ease. There were no false promises, very upfront as far as expectations and outcomes.

His assistant, Jessica was a joy to work with as well. They came to my house, interviewed witnesses, went above and beyond and always respond to my calls. I totally endorse this attorney."