Weapons Charges in the Age of Permitless Carry
If movies like Scarface and the Bad Boys franchise give the impression that everyone in Florida has a gun with them at all times, the news media do not do much to dispel this stereotype. From murders to people brandishing weapons just because they can to traffic stops where the vehicle is full of drugs, weapons, and exotic species of animals, it seems like Florida Man is always up to something. Before you go carrying your gun everywhere you go, it helps to familiarize yourself with Florida’s gun laws, especially since they have changed recently. Even in the age of permitless carry, it is possible to get criminal charges for unlawful carry of a weapon. Florida’s gun laws are not as simple as they sound, and depending on the circumstances, bringing a gun to a particular place could be legal for someone else but illegal for you. Here, our Miami criminal defense lawyer explains Florida’s permitless carry laws and how you can avoid getting criminal charges for unlawful possession or carry of a weapon.
No, You Cannot Bring a Gun Everywhere in Florida
It is legal for adults to own firearms unless they have lost that right as a result of a criminal conviction. The federal, state, and local governments have the right to restrict the presence of firearms on their property, even if those weapons legally belong to the people carrying them. Therefore, it is illegal to bring a weapon to any of the following places:
- Police stations
- Courthouses
- Jails and prisons
- Schools where most or all of the students are minors, including elementary schools, middle schools, and high schools
- Polling places
- Federal buildings
- Airport terminals
- Meetings of local governments and school boards
- National parks and nature preserves
- Establishments that serve alcoholic beverages
If you bring a weapon to any of these places, you can get weapons charges because of where you brought the gun. It is illegal for almost everyone to bring weapons to these places; police officers on duty can bring a weapon to a police station, but you cannot.
Additionally, it is against the law to bring it to a place of nuisance, defined as a place where illegal or immoral activities take place. Examples of places of nuisance include drug dens and brothels.
What Is Permitless Carry?
In 2023, Florida amended its laws so that it now allows permitless carry. This means that it is legal to carry a concealed weapon without obtaining a special permit for concealed carry. Permitless carry applies only to concealed handguns; the laws regarding open carry, where part of the firearm is visible to bystanders, are more restrictive. Under the current law, anyone who is eligible to get a concealed handgun permit may carry a concealed handgun, with or without obtaining a permit. These are the circumstances that make you ineligible for concealed carry in Florida:
- You are younger than 21
- You are not a U.S. citizen or permanent resident, and you did not enter the United States on a diplomatic passport
- You have a felony conviction
- You have a misdemeanor conviction related to illegal drugs or drunk driving
- You are a respondent in a domestic violence case, even if you did not receive criminal charges
- A physician has diagnosed you with a mental illness, and no physician has certified that your condition has been stable for five consecutive years
Consequences of Unlawful Carry Charges
Florida categorizes unlawful carry of a weapon as a felony. If convicted, you can face a maximum sentence of five years of probation or five years in state prison. The sentence depends on factors such as your criminal history, if any, and whether you accept a plea deal or get convicted at trial. It is possible to cast doubt on your charges of unlawful carry of a weapon if you can persuade the jury that the evidence does not clearly prove that a weapon was present when the prosecution claims it was. You might also argue that you were eligible for concealed carry or that the police discovered the weapon in violation of your Fourth Amendment rights. Like all defendants in criminal cases, you are presumed innocent until proven guilty.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you if you are facing criminal charges for unlawful carry of a weapon. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.07
giffords.org/lawcenter/state-laws/concealed-carry-in-florida/
