In the wake of the recent tragedy at Marjory Stoneman Douglas High School in Parkland, many Florida gun owners may be confused and/or nervous regarding Florida law relating to carrying firearms. The national response to this tragedy has caused a good amount of consternation and misinformation regarding legal restrictions on firearm ownership, use and carrying. In response to the tragedy, the Florida Legislature passed legislation further restricting gun sales and raising the minimum age for purchasing firearms in Florida. This has muddied the water even more for Florida firearm owners concerned about what is legal when it comes to carrying a firearm.
However, the good news for Florida gun owners is the actions taken by the Florida Legislature, as well as the national conversation regarding the regulation of firearms, has not changed the basic legal scheme regulating when and where it is permissible to carry firearms in Florida. Still, being educated on this topic is extremely important, as the consequences of not truly understanding this can be costly. Carrying a firearm without the proper licensure or in an illegal manner can result in criminal charges in Florida courts. Therefore, prior to venturing out with your firearm, make sure you understand the parameters of Florida law regarding when and where you are permitted to carry a firearm, lest you risk being arrested and subject to criminal prosecution.
Florida Law Regarding the Carrying of Firearms
Under both the U.S. Constitution Second Amendment and Article I, Section 8 of the Florida Constitution, individuals have federal and state constitutional rights to possess firearms. However, notwithstanding these rights, Florida state law does place limits on the ability of an individual to carry even lawfully possessed firearms in certain settings and scenarios.
Unlike some states that permit “open carry,” or the ability of a duly registered firearm owner to walk around in most public places with, for example, his firearm on his belt, Florida law only permits the open carrying of firearms in very limited circumstances. Therefore, even if an individual is lawfully licensed to possess a firearm in Florida, there is no open carrying of a firearm allowed, except when the individual is hunting, fishing, camping or while practicing shooting or traveling to and from any of these specific activities. However, Florida is much more permissive regarding the concealed carrying of weapons by duly licensed individuals.
A necessary precondition to concealed carrying of a firearm in Florida is that the individual carrying the firearm must obtain the required concealed carry permit. A person is eligible to obtain a permit if he or she is over 21, not a convicted felon and undergoes completion of a state-approved firearms safety or training course as well as completion of an application and approval by the Florida Department of Agriculture and Consumer Services. A concealed carry license holder also must carry her concealed carry permit on her any time she is carrying a weapon. Even if a Floridian has a concealed weapons permit, she cannot carry a weapon in several enumerated places, including schools, courtrooms, sporting events, bars and other specified public places.
Penalties for Violating Florida Law Regarding
the Carrying of Firearms
A person who carries an open or concealed weapon (i) without having first obtained a permit for doing so in Florida or (ii) in a manner prohibited by Florida law is risking prosecution under Florida law. Under Florida Statutes Section 790.015, a person who is not licensed and who carries a concealed weapon without a concealed carry permit commits a third-degree felony, which can carry with it a penalty of up to five years in prison, five years of probation, and a $5,000 fine. Open carrying of weapons in places and circumstances where doing so is not permitted, such as a courthouse or a school, is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500.00 fine.
Contact Experienced West Palm Beach Criminal Defense Attorney Bryan Raymond if You Have Been Charged with
a Gun Crime in Palm Beach County
Experienced West Palm Beach defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has represented numerous individuals who have been charged with unlawful possession of a firearm or violation of Florida laws regarding when and where it is permissible to carry a firearm and other gun crimes in Palm Beach County. Bryan aggressively represents his clients whether they have been charged with violating Florida law regulating the permissible carrying of a firearm or any other gun crime in state or federal court. If you’ve been arrested for or charged with a gun crime in Palm Beach County, contact experienced criminal defense attorney Bryan Raymond today at (561) 682-1115 or [email protected].
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