If you are carrying a concealed weapon without the right authorization, you could be facing serious criminal charges. That is where JJK/LLC comes in. We defend people who have been accused of concealed carry violations in Fort Pierce and help gun owners understand what they are obligated to do under state law.
Contact our dedicated gun attorneys today for a free consultation.
Florida’s concealed carry laws have undergone significant changes with the enactment of House Bill 543, which took effect on July 1, 2023. This new legislation eliminated the permit requirement for eligible individuals to carry concealed weapons, making Florida the 26th state to adopt Constitutional Carry. However, violations still occur when individuals fail to meet eligibility requirements or carry in prohibited locations.
Under HB 543, eligible individuals may carry a concealed weapon or firearm without a government-issued concealed weapon license (CWL). To lawfully carry without a permit, individuals must still meet the same requirements that previously applied to a CWL, including being at least 21 years of age, holding U.S. citizenship or permanent resident status, having no disqualifying felony convictions or other prohibiting conditions, and carrying valid identification at all times for display upon lawful demand by law enforcement.
Violations occur when individuals who do not meet these eligibility requirements carry concealed weapons. For example, a person under 21, a convicted felon, or an individual subject to a domestic violence restraining order may not lawfully carry a concealed weapon in Florida, even under the permitless carry law.
Many concealed carry violations in Fort Pierce arise during traffic stops when law enforcement discovers weapons during vehicle searches. Other violations occur when individuals carry firearms into prohibited locations or when people who do not meet eligibility requirements are found with concealed weapons during police encounters. Even under permitless carry, these violations still lead to criminal charges.
Anyone arrested for a weapons violation should speak with an experienced gun lawyer as soon as possible.
Regardless of whether you hold a license or carry under permitless carry provisions, Florida law prohibits concealed weapons in specific locations, including schools, courthouses, law enforcement facilities, detention facilities, polling places, government meetings, airports beyond security checkpoints, and establishments primarily devoted to serving alcohol. Carrying in these prohibited locations could result in criminal charges. Defense attorneys examine whether a location actually qualifies as prohibited under the statute and whether the public received adequate notice.
Carrying a concealed firearm while ineligible under the new law’s requirements constitutes a first-degree misdemeanor for a first offense, punishable by up to one year in jail and a $1,000 fine. Carrying a concealed weapon in a prohibited location also constitutes a criminal offense. Subsequent violations or carrying while engaged in criminal activity could result in felony charges with substantially more severe penalties.
These penalties could prove costly, which makes defense representation from the right attorney critical.
A criminal defense attorney could present several defenses that may apply to concealed carry charges. The weapon may not have met Florida’s legal definition of a concealed firearm. The defendant may also satisfy all eligibility requirements under the permitless carry law, but law enforcement may have filed charges in error.
The search that led to the discovery of the weapon may have violated Fourth Amendment protections against unlawful searches. The defendant may have lacked knowledge of the weapon’s presence, which could negate the intent element. In cases involving prohibited locations, attorneys challenge whether the location meets the statutory definition of a prohibited place and whether proper notice was posted as required by law.
JJK/LLC defends clients against concealed carry violations in Fort Pierce with thorough knowledge of state firearms law. Our firm protects your rights while working toward the best possible outcome. Contact our gun crime defense lawyers today to discuss your concealed carry charges.
