In Florida, the unlawful carrying of a concealed weapon can range from a 1st degree misdemeanor to a 3rd degree felony depending on the type of weapon being carried.

Florida Statute 790.01(1) states

“a person who is not licensed 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.”

Florida Statute 790.01(2) states

“a person who is not licensed and who carries a concealed firearm on or about his person commits a felony of the third degree.”


  1. The defendant knowingly carried on or about his person a firearm, a weapon, or an electric weapon or device.

  2. The firearm, weapon, electric weapon or device was concealed from the ordinary sight of another person.

‘On or About His Person’

This term means physically on the person or readily accessible to him or her.

‘Ordinary Sight Of Another Person’

This term means the casual and ordinary observation of another in the normal associations of life. A firearm or weapon need not be completely hidden for it to be concealed. However, a firearm or weapon is not concealed if, although not fully exposed, its status as a firearm or weapon is detectable by ordinary observation.


1st Degree Misdemeanor:

  • Maximum 1 year in county jail; or

  • Maximum 12 months of probation;

3rd Degree Felony:

  • Maximum 5 years in prison; or

  • Maximum 5 years of probation


Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Lack of possession;

  • Not readily accessible;

  • Valid permit/license;

  • Weapon within ordinary sight;

  • Lack of knowledge.

Carrying a concealed weapon or firearm is a very serious crime regardless of whether charged as a felony or misdemeanor. The potential dangers associated with having a concealed firearm or weapon present major discomfort in prosecutors and therefore they seek to punish harshly. It is always best for everyone’s safety to make sure the weapon or firearm is locked away and that you have a valid permit/license for it. Wilbur Smith can help with these charges so be sure to contact our team immediately.

Charged with unlicensed carrying of a concealed weapon? Contact us today.

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