| Read Time: 2 minutes | Criminal Defense

Everyone should have the right to protect themselves, however, if you are carrying certain weapons or using a weapon in a certain manner you may find yourself facing criminal charges. If you have questions about the legal use and carrying of a weapon or firearm or have been arrested for a firearm crime or another weapons charge, the experienced criminal defense attorneys of Moses & Rooth can answer your questions and provide you with the defense you deserve.

Florida Open Carry Law

Presently, Florida does not have an open carry law for firearms, except in the narrow exception of when someone is traveling to go fishing or hunting. Under Florida statute 790.053, a person may also briefly and openly display a concealed firearm to another person as long as it is done in a manner that is not angry or threatening.

Weapons that can be openly carried for self-defense under Florida statute 790.053 are:

  • Self-defense chemical sprays;
  • Nonlethal stun guns;
  • Nonlethal dart-firing stun guns; or
  • Nonlethal electric weapons or devices solely used for defense purposes.

A person arrested for violating the open carry law will be charged with a second-degree misdemeanor and face up to 60 days in prison and a $500 fine.

Florida Concealed Carry Law

Florida residents may not openly carry many types of weapons or firearms, however, Florida offers licenses to carry concealed weapons and firearms. Under Florida statute 790.06, concealed weapon or concealed firearm is defined as a:

  • Handgun;
  • Electronic weapon or device;
  • Tear gas gun;
  • Knife; or
  • Billie

Machine guns are prohibited under the statute. The concealed weapon or firearm license along with identification must be carried at all times that the weapon or firearm is being carried in a concealed manner. If unable to provide law enforcement with license and/or identification when asked, you will be subject to a $25 fine.

There are some locations that a concealed weapon or firearm is prohibited. A concealed weapon or firearm can not be carried into a:

  • Place defined by Florida legislature as a place of nuisance;
  • Police, sheriff, or highway patrol station;
  • Detention facility, prison, or jail;
  • Courthouse;
  • Courtroom;
  • Polling place;
  • Meeting of a governing body of a county, public school district, municipality, or special district;
  • School, college, or professional athletic event;
  • Elementary or secondary school facility or administration building;
  • Career center;
  • Bar or other establishment licensed to dispense alcoholic beverages for consumption on the premises;
  • College or university facility;
  • Airport; or
  • Any place restricted by federal law.

Florida also has several self-defense laws that protect a person from criminal charges when using a weapon or firearm in self-defense in the proper circumstances and manner.

Every person has the right to protect themselves, however, when carrying a weapon or firearm for protection the laws of Florida must be followed or you may face criminal charges. Knowing what and where weapons can be carried is important to know to protect yourself from legal trouble. If you have questions about what and how weapons or firearms can be carried in self-defense or you have been charged with the unlawful carrying or possession of a weapon or firearm, contact the experienced criminal defense attorneys of Moses & Rooth today.

Author Photo

Jay R. Rooth

Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.

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