Carrying Concealed Weapon — Florida Defense

Most concealed weapon charges in Polk County begin with a traffic stop, a frisk during a field investigation, or a tip to law enforcement. The result is an arrest for carrying a concealed firearm without a license — a third-degree felony in Florida. Whether you had a concealed carry license that was not recognized, were carrying in a vehicle, believed possession was lawful, or simply did not understand the law, there are real defenses available. I have handled concealed weapon cases throughout the 10th Judicial Circuit, and the constitutional issues surrounding how police discovered the weapon are almost always the most important part of the case.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Does Florida § 790.01 Say About Carrying a Concealed Weapon?

Florida § 790.01 makes it unlawful for any person to carry a concealed weapon or concealed firearm on or about their person. The statute draws a critical distinction:

§ 790.01(1) — Concealed weapon (not a firearm): Carrying a concealed weapon other than a firearm — a dirk, metallic knuckles, slungshot, billie, teargas gun, chemical weapon, or similar device — is a first-degree misdemeanor.

§ 790.01(2) — Concealed firearm: Carrying a concealed firearm is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. This is the charge most commonly filed in Polk County cases.

Exception for licensed carriers: Florida § 790.06 provides a license to carry a concealed weapon or firearm. License holders are exempt from § 790.01 when carrying in permitted locations. The license is issued by the Florida Department of Agriculture and Consumer Services after a background check and safety training. Florida also recognizes concealed carry licenses from certain other states under § 790.015.

What Are the Penalties for Carrying a Concealed Firearm in Florida?

Charge	Degree	Max Prison	Max Fine
Carrying concealed weapon (non-firearm)	1st Degree Misdemeanor	1 year	$1,000
Carrying concealed firearm (no license)	3rd Degree Felony	5 years	$5,000

A felony conviction for carrying a concealed firearm results in permanent loss of the right to possess firearms under both Florida and federal law. The federal prohibition under 18 U.S.C. § 922(g)(1) is nationwide and lifelong — you cannot legally own a firearm anywhere in the United States after a conviction for this charge regardless of how much time passes. This permanent disability is one of the most significant collateral consequences of a concealed carry conviction and one of the strongest reasons to fight these charges aggressively rather than accept a plea without exploring every available defense.

What Does “Concealed” Mean Under Florida Law?

“Concealed” means the weapon is hidden from the ordinary sight of another person. A weapon in a holster visible at the hip is not concealed. A firearm tucked under a shirt or in a waistband is concealed. The line in some cases is genuinely close: a weapon in a bag, partially visible through a car window, or in a jacket pocket depending on how it protrudes have all been the subject of litigation in Florida courts. Whether the weapon was actually concealed from ordinary observation is a factual element the State must prove beyond a reasonable doubt at trial.

What Must the State Prove to Convict Under § 790.01(2)?

To convict a defendant under § 790.01(2), the State must prove three distinct elements beyond a reasonable doubt: (1) the defendant carried the object on or about their person; (2) the object was a firearm as defined by § 790.001(6) — a weapon designed to expel a projectile by the action of an explosive; and (3) the firearm was concealed from ordinary observation. The State must also overcome any applicable exception, including the valid license defense under § 790.06, the vehicle encased-firearm exception under § 790.25(5), and any other statutory exemption that applies to the specific facts.

The “carrying” element is not automatic either. A person who briefly holds a weapon at another person’s request, or who momentarily picks up a weapon for a lawful purpose and is immediately encountered by police, is not necessarily “carrying” in the statutory sense. Florida courts have recognized that the duration and circumstances of possession matter in distinguishing momentary contact from “carrying” under § 790.01. These distinctions are worth examining carefully in every case before concluding that the statute was violated.

How Are Concealed Carry Cases Investigated and Charged in the 10th Circuit?

The majority of concealed carry cases in Polk County begin with a traffic stop. PCSO deputies and municipal officers in Lakeland, Winter Haven, and Bartow encounter firearms during routine stops, during pat-downs based on alleged reasonable suspicion that the person is armed, and during consent searches. The lawfulness of each of these encounters is independently reviewable in a suppression hearing before the case ever reaches trial.

After arrest, the State Attorney’s Office reviews the arrest affidavit and body camera footage and makes the charging decision. In the 10th Circuit, the SAO typically charges § 790.01(2) as a standalone felony. If the defendant has a prior criminal record — particularly prior drug or weapons offenses — the SAO may also seek enhanced sentencing under Florida’s habitual offender statutes. Understanding the SAO’s specific charging practices and what evidence they consider strong versus weak in a concealed carry case is the product of years of practice in these courts.

What Are the Best Defense Strategies for a Concealed Carry Charge?

Valid concealed carry license. If you have a valid Florida concealed carry license or a license from a state with which Florida has reciprocity (§ 790.015), you are not guilty of § 790.01. I verify license status, reciprocity recognition, and whether the location of carry was permitted under the license exceptions in every case where a license may apply.

Weapon not concealed. If the weapon was visible or partially visible such that it could not reasonably be characterized as hidden from ordinary sight, the “concealed” element is not met. This is a fact-intensive analysis that depends on the specific circumstances of how and where the weapon was carried, what witnesses actually observed, and what the police reports and body camera footage actually show.

Vehicle exception under § 790.25(5). A person may carry a loaded firearm in a vehicle for lawful self-defense purposes when the firearm is securely encased or otherwise not readily accessible for immediate use. A firearm locked in a glove box or in a secured case does not violate § 790.01. I examine precisely where and how the firearm was positioned in the vehicle and whether the securely encased exception applies to the specific facts of the stop.

Temporary possession for lawful purpose. Brief, temporary possession of a weapon for a lawful purpose — moving a firearm for someone, briefly receiving a weapon during a lawful activity, possession in emergency circumstances — may not constitute “carrying” in the statutory sense. Context and duration matter, and Florida courts have recognized this distinction in published decisions.

Fourth Amendment suppression. If police discovered the weapon through an unlawful stop, an unlawful frisk, or a search without valid consent or probable cause, the evidence can be suppressed. Suppression of the weapon eliminates the case. I scrutinize every PCSO and municipal police encounter in concealed carry cases for constitutional compliance, and I file suppression motions whenever the facts support a viable Fourth Amendment argument.

Where Are Concealed Carry License Holders Prohibited From Carrying in Florida?

Florida § 790.06(12) prohibits concealed carry in certain locations even for licensed holders: any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any school, college, or professional athletic event; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises; any elementary or secondary school facility; any area of an airport past security checkpoints; and any place of nuisance defined in § 823.05. A licensed carrier who carries in a prohibited location may face separate charges under § 790.06(12) in addition to any other weapons charges arising from the same incident.

What Are the Collateral Consequences of a Concealed Carry Conviction in Florida?

A third-degree felony conviction for carrying a concealed firearm in Florida produces consequences that extend well beyond the prison sentence and fine listed in the statute:

• Permanent firearm prohibition: 18 U.S.C. § 922(g)(1) permanently prohibits any person convicted of a felony punishable by more than one year from possessing any firearm or ammunition anywhere in the United States. A § 790.01(2) conviction triggers this prohibition for life.
• Employment consequences: A felony conviction disqualifies individuals from a wide range of licensed occupations in Florida, including law enforcement, security contracting, healthcare roles requiring background clearance, and government employment.
• Voting rights: A Florida felony conviction results in loss of voting rights until civil rights are restored through clemency or completion of all sentence obligations under Amendment 4 and its implementing legislation.
• Immigration consequences: A felony firearms conviction constitutes an aggravated felony under federal immigration law for non-citizens, resulting in mandatory deportation and permanent inadmissibility to the United States.
• Housing: Many private landlords and federally subsidized housing programs conduct background checks that disqualify applicants with felony convictions, creating housing instability that can affect every other aspect of rebuilding after a case.

Understanding the full scope of consequences — not just the prison sentence — is essential to making an informed decision about how to handle a concealed carry charge. I explain every consequence relevant to each client’s specific circumstances before any plea decision is made, because the lasting collateral consequences are often more significant than the sentence itself.

What Other Charges Are Related to Concealed Carry Cases?

• Felon in Possession of Firearm — § 790.23
• Improper Exhibition of Firearm — § 790.10
• 10-20-Life Firearm Sentencing — § 775.087
• Weapons & Firearms Defense Overview

Frequently Asked Questions About Carrying a Concealed Weapon in Florida

Can I carry a gun in my car in Florida without a concealed carry license?

Florida § 790.25(5) allows a person without a concealed carry license to have a firearm in a vehicle if it is securely encased — in a locked glove box, in a locked case, or in a snapped holster — or otherwise not readily accessible for immediate use. The firearm cannot be on your person or immediately reachable. Whether a particular arrangement qualifies as securely encased requires specific analysis of how and where the firearm was positioned at the time of the traffic stop.

Does Florida recognize out-of-state concealed carry licenses?

Yes. Under § 790.015, Florida recognizes concealed carry licenses from states that have signed a reciprocity agreement with Florida. The out-of-state license must be valid and in your possession, and it only covers the conduct that would be permitted under a Florida license. Florida’s list of recognized states changes periodically — verify current recognition before carrying with an out-of-state license in Florida, because an unrecognized license provides no defense.

I didn’t know the gun was in my bag. Can I still be charged?

Knowledge of the weapon is an element of the carrying offense. If you genuinely did not know the firearm was in the bag or on your person — and if the circumstances support that claim — knowledge is a genuinely contested issue at trial. This defense is fact-dependent: it requires examining how the weapon got there, your access to the bag, and whether the totality of the circumstances supports the claim that you were unaware of the firearm’s presence. It is not an automatic defense, but it is a real one when the facts are there.

Is carrying a concealed firearm without a license a felony in Florida?

Yes. Under § 790.01(2), carrying a concealed firearm without a valid license is a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. A conviction also results in permanent loss of firearm rights under both Florida and federal law.

What if the officer who found the gun had no reason to stop me?

If the officer lacked reasonable articulable suspicion to stop you, the stop was unconstitutional, and everything discovered as a result — including the weapon — is subject to suppression under the Fourth Amendment exclusionary rule. A successful suppression motion means the State cannot use the weapon as evidence, and without the weapon, a § 790.01(2) charge cannot proceed. Challenging the constitutionality of the stop is the most powerful defense tool in cases where the police account of why they stopped you does not withstand legal scrutiny.

Can a concealed carry charge be reduced from a felony to a misdemeanor?

A § 790.01(2) charge is a third-degree felony by statute — the court cannot reclassify it downward on its own. However, the State Attorney has discretion to amend the charge to a lesser offense — such as § 790.01(1), carrying a concealed weapon that is not a firearm, which is a first-degree misdemeanor — as part of a negotiated resolution. Whether the State will agree to a downward amendment depends on the strength of the defense, the specific facts, and the defendant’s prior record.

Does a concealed carry charge affect my ability to get a concealed carry license later?

A felony conviction for carrying a concealed firearm permanently disqualifies a person from obtaining a Florida concealed carry license under § 790.06. Because a felony conviction also triggers the permanent federal firearms prohibition, a person convicted of § 790.01(2) cannot lawfully possess any firearm at all, which makes the concealed carry license question moot. That is why it matters to fight the charge before a conviction is entered.