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Unlawful Carry Of Weapons

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Last summer, Florida made news headlines for enacting a “permitless carry” law.  Pursuant to the new law, you can carry a concealed firearm whether or not you have a permit, as long as you meet the eligibility requirements for getting a permit.  Florida’s gun laws are notoriously lenient, but that does not mean that it is legal for everyone to carry weapons anywhere they choose.  You still run the risk of getting criminal charges for unlawful carry if you bring a weapon with you to the wrong place.  Unlawful carry of firearms in Florida is a felony, and if you are convicted, you can face a prison sentence of up to five years, or an equivalent amount of time on probation.  If you are facing charges for unlawful carry of a weapon, contact a West Palm Beach criminal defense lawyer.

When Is It Illegal to Carry a Gun in Florida?

In South Florida, it is open season on iguanas all year round, and even if it were not, Florida Man has a reputation to live up to.  Despite this, it is not always legal to carry a gun.  Charges of unlawful carry often arise when police stop you for an unrelated reason, like a broken taillight or minor traffic violation.  Even though it might be legal for most people to carry a gun in your situation, certain conditions make you ineligible to carry concealed weapons.  These are some conditions that disqualify people from eligibility to carry concealed weapons in Florida:

  • Being younger than 21 years old
  • Not being a U.S. citizen, U.S. permanent resident, or foreign diplomat
  • Prior felony convictions
  • Prior misdemeanor convictions for drug possession
  • Two or more convictions for drunk driving or disorderly intoxication
  • Being the respondent in a protective order related to family violence
  • Prior inpatient psychiatric treatment, unless your doctor has certified that your condition has been stable for at least five years and it is safe for you to carry a weapon

Your personal history is only one of the reasons that you can get criminal charges for unlawful carry.  Where you bring the weapon also determines whether it is legal for you to carry it.  For example, it is illegal to bring weapons to police stations, courthouses, polling places, schools, airport terminals, prisons, or bars and restaurants that serve alcoholic beverages.

Furthermore, these rules apply only to carrying a concealed weapon.  Open carry is still against the law in Florida except at target shooting venues and at places designated for hunting, fishing, and camping.  You may also openly carry a weapon if you are traveling to or from a place where open carry is permitted.  If you can cast doubt on some or all of the elements of the unlawful carry of weapons charge, you can be acquitted.

Contact a West Palm Beach Criminal Defense Lawyer Today

Attorney William Wallshein has more than 38 years of experience, including five years as a prosecutor in Palm Beach County.  Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.07.html

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