Pursuant to Florida Statute 790.01(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree.
To prove the crime of carrying a concealed firearm, the State must prove the following two elements beyond a reasonable doubt:
- The accused knowingly carried on or about his or her person a firearm.
- The firearm was concealed from the ordinary sight of another person.
In the context of a charge of carrying a concealed firearm, the critical question is whether the firearm was “carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” Fla. Stat. 790.001(2). The critical issue is whether the firearm is concealed from the “‘ordinary observation'” of others, and “‘[a]bsolute invisibility to other persons is not indispensable to concealment.'” Ensor v. State, 403 So. 2d 349, 354 (Fla. 1981) (quoting Mularkey v. State, 201 Wis. 429, 230 N.W. 76, 77 (Wis. 1930)). In determining whether a firearm was concealed, “the observations  of the police officer will not necessarily be dispositive.” Dorelus, 747 So. 2d at 372. Instead, the court must consider all of the circumstances and all of the inferences involved in the individual case. 1
“A firearm which is partially visible may still be “concealed” for purposes of the crime of carrying a concealed firearm. Florida Statute 790.001 (defining “concealed firearm” as “any firearm . . . which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.”); Ensor v. State, 403 So. 2d 349, 354 (Fla. 1981) (holding that “absolute invisibility is not a necessary element to a finding of concealment under Fla. Stat. 790.001”).
Carrying a concealed firearm is a third degree felony punishable by up to five years in Florida State Prison.
For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.
1 State v. Yarn, 63 So. 3d 82 (Fla. Dist. Ct. App. 2d Dist. 2011)