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Carrying a Concealed Weapon

Florida law bans the concealed carry of weapons, including firearms as well as other items, unless the person has a license to do so. Even if a person has a concealed carry license, it is still illegal to carry guns in some locations such as schools, courthouses, and airports.

Long guns such as rifles and shotguns may be carried in a car without a license. Handguns must be securely encased to be carried in a vehicle if the person does not have a concealed carry license.

Gainesville Carrying a Concealed Weapon Lawyer

Being charged with carrying a concealed weapon in Florida can be a difficult, confusing experience. The qualified carrying a concealed weapon defense lawyers of the Galigani Law Firm in Gainesville have close to 50 years of combined legal experience and know what it takes to expose any weak links in the prosecution's case to fight any gun charges you face. Dean Galigani is Board Certified for professionalism and expertise in Criminal Trial Law, and is experienced in all areas of criminal defense, including charges of carrying a concealed weapon.

If you have been arrested for or face a charge of carrying a concealed weapon in Alachua County, Baker County, Bradford County, Marion County, Levy County, Gilchrist County, Columbia County, or Union County, put the many years of experience and criminal defense specialization of the Galigani Law Firm behind your case. Your first consultation concerning your Gainesville weapons charge with the Galigani Law Firm is free, so call (352) 375-0812 today to schedule your appointment.


Info on Concealed Carry Crimes


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Carrying a Concealed Weapon in Florida Defined

Carrying a concealed weapon without a license, including certain types of knives, tear gas guns, and other objects, is generally illegal under Fla. Stat. § 790.01. Carrying a concealed gun without a license is a third degree felony.

"Concealed firearm" is defined in Fla. Stat. § 790.001(2) as a gun which is carried in a way that would conceal the firearm from the ordinary sight or recognition of another person. While the prosecution must demonstrate that the gun was carried in a way that would conceal the firearm from the ordinary sight of another person to convict you on a charge of carrying a concealed weapon, carrying an unconcealed gun is also illegal under Fla. Stat. § 790.25(3) unless the gun is being carried to go hunting or to a gun show, shooting range, or similar event.

A license is not necessary to legally carry concealed self-defense chemical spray such as mace or pepper spray, a nonlethal stun gun, or similar nonlethal device that is designed to be used only for self defense purposes. A license is also not necessary to carry a concealed firearm in your own home or place of business per Fla. Stat. § 790.25(3)(n)

If a police officer has reasonable grounds or probable cause to believe someone is carrying a concealed weapon, you may be immediately arrested on the spot without a warrant per Fla. Stat. § 790.02.


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Carrying a Concealed Weapon Banned in Some Locations

Even if you have a valid concealed carry license, carrying a concealed weapon is still illegal in some places. You can be arrested and charged, regardless of whether you have a permit, if you bring a concealed gun into:

  • Police stations or other law enforcement offices;
  • Jails, prisons, and other correctional facilities;
  • Courthouses and courtrooms;
  • Election voting locations;
  • Meetings of the state legislature or other governing bodies such as school boards;
  • Sporting events;
  • Elementary, secondary, or technical schools;
  • Bars, bar areas of restaurants, and similar locations licensed to serve alcohol;
  • Airport terminals, unless the gun is encased to be legally checked into baggage;
  • Seaports; or
  • The Savannas Preserve State Park.

At public colleges and universities, students, faculty, and other employees may only carry stun guns or other nonlethal devices designed solely for defensive purposes that do not fire darts or other projectiles. Students, faculty and visitors may keep firearms stored in their cars but not carry them onto campus. Private colleges and universities may set their own policies regarding firearms, and may expel students or take other action to ban weapons from their property.


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Carrying a Concealed Weapon in a Motor Vehicle

If you have a handgun in a car, it must be securely encased if you do not have a concealed carry license. If you a pistol on the floorboard of the car and do not have a concealed carry license, you can be convicted of carrying a concealed weapon. You do not need a concealed carry license to carry long guns, such as rifles and shotguns, in a car or other motor vehicle.

Fla. Stat. § 790.251 prohibits employers from firing or disciplining employees for having a gun in a vehicle in the employee parking lot or otherwise parked on the employer's property if they have a valid concealed carry license. There are some exceptions to the law, an employer can forbid employees from bringing guns onto the property if the employer is a:

  • School;
  • jail, prison, or other detention facility;
  • nuclear power plant;
  • place where substantial activities involving national defense, aerospace, or homeland security are conducted;
  • property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials; or
  • any other place where possession of a firearm is generally illegal.

An employer may also prohibit an employee from carrying a gun in a motor vehicle owned, leased, or rented by the employer.


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Penalties for Carrying a Concealed Weapon in Florida

If convicted of carrying a concealed gun it is a third degree felony. You can be sentenced to up to:

  • Five years of prison; and
  • $5,000 fine.

If convicted of carrying a concealed weapon that is not a gun it is a first degree misdemeanor. You can be sentenced to up to:

  • A year in jail; and
  • $1,000 fine.

You may face additional penalties for bringing a gun into prohibited locations, such as a school or police station. If you bring a gun onto private property and are asked to leave and refuse, you may be charged with other crimes related to trespassing.


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Finding the Best Carrying a Concealed Weapon Attorney in Alachua County, Florida

If you have been charged with carrying a concealed weapon in Gainesville or the surrounding areas, including Alachua County, Ocala in Marion County, and Lake City in Columbia County, contact the experienced firearms charge defense lawyers of the Galigani Law Firm. They will do whatever it takes to fight for a favorable outcome in your Gainesville weapons charge case. To schedule a free initial carrying a concealed weapon case consultation with the Galigani Law Firm, call (352) 375-0812 now.