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Carrying a Concealed Weapon

Pursuant to Florida Statute 790.01(1) a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree.

To prove the crime of carrying a concealed weapon, the State must prove the following two elements beyond a reasonable doubt:

  1. The accused knowingly carried on or about his or her person a weapon.
  2. The weapon was concealed from the ordinary sight of another person.

A “concealed weapon” is defined as “any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon [5] carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.” Fla. Stat. 790.001(3)(a)

“The critical question turns on whether an individual, standing near a person with a firearm or beside a vehicle in which a person with a firearm is seated, may by ordinary observation know the questioned object to be a firearm. The ultimate decision must rest upon the trier of fact under the circumstances of each case.”1

Carrying a concealed weapon is a first degree misdemeanor punishable by up to 364 days in the county jail.

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 Ensor v. State, 403 So. 2d 349 (Fla. 1981)