What Is Unlawful Carry Of A Weapon?
People sometimes use the expression “smoking gun” to mean clear evidence of a crime, but in most cases, the mere presence of a firearm is not a violation of the law. Whether it is legal to carry a weapon depends on context. For example, you lose the right to buy or own firearms if you get a felony conviction. Likewise, it matters whether the weapon is concealed or easily visible; if the weapon is in plain sight, this is called open carry, and the laws about open carry are different from the laws on concealed handguns. Finally, even though it might be legal for you to carry a gun, openly or concealed, while walking down the street, you can get criminal charges for bringing it inside certain buildings. Therefore, it is possible to get a felony conviction that would cause you to lose your right to carry weapons, simply for carrying a weapon to the wrong place at the wrong time. If you are facing criminal charges for unlawful carry of a weapon, contact a Tampa criminal defense lawyer.
Carrying a Concealed Handgun in Florida Is Legal for a Lot of People, but Is It Legal for You?
In 2023, Florida implemented a permitless carry law, whereby you can carry a concealed handgun without obtaining a permit, as long as you are eligible for a permit for carrying concealed weapons. These are the eligibility requirements for concealed carry in Florida:
- Age 21 years or older
- S. citizen or permanent resident, or foreign national present in the United States under a diplomatic passport
- No felony convictions
- No misdemeanor convictions related to drugs or alcohol
- No domestic violence-protected orders issued against you, even if you did not receive criminal charges
These laws apply only to concealed carry. For open carry, you still need a permit.
Furthermore, even if you are eligible for permitless concealed carry, it is still against the law for you to bring weapons into the following restricted areas:
- Federal buildings
- Schools
- Courthouses
- Police stations
- Jails and prisons
- Airport terminals
- Polling places
What Happens If You Get Unlawful Carry Charges?
According to Florida law, unlawful carry of a weapon is a felony. If you get convicted of this charge, your sentence could be up to five years of probation or five years in prison. Although not everyone who gets convicted of crimes receives the maximum sentence, an unlawful carry conviction is still a felony conviction on your record; it will appear on criminal background checks and restrict your right to vote and to own weapons. Therefore, if you are facing charges for unlawful carry, or for any other offense, it is in your interest to hire a criminal defense lawyer.
Contact Tampa Criminal Defense Attorney Bryant Scriven
A criminal defense lawyer can help you if you are facing criminal charges related to firearms, such as unlawful carry of a concealed weapon or illegal possession of weapons. Contact Scriven Law in Tampa, Florida to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.07.html
