Tampa Carrying a Concealed Weapon Lawyer
If you’ve been charged with carrying a concealed weapon in Tampa, you need an experienced attorney who understands Florida’s complex gun laws and can protect your constitutional rights. At the Law Office of Daniel J. Fernandez, P.A., our Tampa carrying a concealed weapon lawyer has over 43 years of experience defending clients against weapons charges throughout Hillsborough County and the greater Tampa Bay area. We provide aggressive, strategic representation to help you achieve the best possible outcome in your case.
Concealed weapon charges can result in serious consequences including jail time, heavy fines, and the permanent loss of your right to carry firearms. Don’t face these charges alone. Our experienced criminal defense team understands the tactics used by prosecutors and will fight tirelessly to protect your freedom and future.
Understanding Florida’s Concealed Weapon Laws
Florida Statute 790.01 makes it illegal to carry a concealed weapon without a proper permit. The law defines a concealed weapon as any firearm, knife, or other weapon that is carried on or about a person in such a manner as to conceal it from the ordinary sight of another person. This includes weapons stored in vehicles, purses, backpacks, or clothing in ways that are not readily visible to others.
To legally carry a concealed weapon in Florida, you must have a valid concealed weapon or firearm license issued by the Florida Department of Agriculture and Consumer Services. Even with a valid permit, there are numerous restrictions on where you can carry, including schools, government buildings, airports, and many businesses throughout the Tampa area.
Common scenarios that lead to concealed weapon charges in Tampa include traffic stops along major roads like Dale Mabry Highway or Interstate 275, security screenings at Tampa International Airport, or encounters with law enforcement at popular destinations like Ybor City or downtown Tampa. Many people are unaware that having a weapon in their vehicle’s glove compartment or center console without proper licensing can result in felony charges.
The prosecution must prove beyond a reasonable doubt that you knowingly carried a concealed weapon without authorization. Our criminal defense attorneys thoroughly examine every aspect of your case, including the circumstances of your arrest, the legality of any search conducted, and whether law enforcement followed proper procedures.
Penalties for Carrying a Concealed Weapon
Carrying a concealed weapon without a permit is typically charged as a third-degree felony in Florida, punishable by up to five years in prison, five years of probation, and fines up to $5,000. However, penalties can be enhanced under certain circumstances, such as carrying a weapon while committing another crime or having prior criminal convictions.
Beyond the immediate criminal penalties, a conviction can have long-lasting consequences. You may permanently lose your right to possess firearms, face difficulties obtaining employment, lose professional licenses, and encounter problems with housing applications. For non-citizens, weapon charges can result in deportation or inadmissibility for future immigration benefits.
Florida’s 10-20-Life law can also apply in cases involving firearms, potentially resulting in mandatory minimum sentences. Under this statute, using or displaying a firearm during certain felonies carries a mandatory 10-year sentence, while firing a weapon can result in 20 years to life in prison.
First-time offenders may be eligible for pretrial diversion programs or other alternatives to traditional prosecution. Our experienced defense team evaluates every available option to minimize the impact of charges on your life and future opportunities.
Common Defenses Against Concealed Weapon Charges
Successfully defending against concealed weapon charges requires a thorough understanding of both constitutional law and Florida statutes. Our Tampa criminal defense attorneys employ various strategies depending on the specific circumstances of your case.
Fourth Amendment violations are common in weapon cases. If law enforcement conducted an illegal search or seizure, we can file motions to suppress evidence obtained in violation of your constitutional rights. This includes challenging pretextual traffic stops, searches without probable cause, and violations of your right to refuse consent to search.
The weapon may not have been truly “concealed” under Florida law. If the weapon was partially visible or openly carried in a legal manner, charges may be reduced or dismissed entirely. We carefully analyze the evidence to determine whether the prosecution can prove concealment beyond a reasonable doubt.
Lack of knowledge is another potential defense. If you were unaware that a weapon was present, such as in a borrowed vehicle or shared residence, the prosecution cannot prove the intent required for conviction. We investigate all circumstances surrounding your arrest to build the strongest possible defense.
Constitutional carry arguments may also apply in certain situations. Recent changes in Florida law have expanded the circumstances under which individuals can legally possess firearms, and our attorneys stay current on all developments that may benefit our clients.
Tampa Carrying a Concealed Weapon FAQs
Can I carry a concealed weapon in my vehicle without a permit?
Florida law allows certain types of firearm possession in vehicles without a concealed carry permit, but the weapon must be “securely encased” or not readily accessible for immediate use. This is a complex area of law with many exceptions and requirements that vary based on the specific circumstances.
What happens if my concealed carry permit expired?
Carrying a concealed weapon with an expired permit can still result in criminal charges, though it may be treated less severely than carrying without ever having a permit. Florida provides a grace period for renewal, but expired permits offer no legal protection.
Are there places where I cannot carry even with a valid permit?
Yes, Florida law prohibits concealed carry in numerous locations including schools, government buildings, airports, courthouses, polling places, and establishments that derive more than 51% of their income from alcohol sales. Many private businesses also post signs prohibiting weapons.
Can I be charged if the weapon was legally purchased?
Legal purchase of a firearm does not authorize concealed carry without proper permits. Purchasing a weapon legally and carrying it concealed without authorization are separate legal issues with different requirements and penalties.
What should I do if police want to search my vehicle for weapons?
You have the right to refuse consent to search unless police have probable cause or a warrant. Remain polite but clearly state that you do not consent to any search. Do not volunteer information about weapons, and contact an attorney immediately if arrested.
Can concealed weapon charges be reduced to lesser offenses?
Depending on the circumstances and your criminal history, prosecutors may agree to reduce charges to misdemeanors or offer pretrial diversion programs. An experienced defense attorney can negotiate on your behalf to achieve the best possible outcome.
How long do I have to fight concealed weapon charges?
Criminal cases have various deadlines and time limits that must be strictly observed. It’s crucial to contact a defense attorney immediately after arrest to preserve all available options and ensure proper protection of your rights throughout the legal process.
Serving Throughout Tampa
- Hyde Park
- Ybor City
- Westshore
- Davis Islands
- Seminole Heights
- South Tampa
- Downtown Tampa
- Tampa Palms
- New Tampa
- Carrollwood
Contact a Tampa Concealed Weapon Defense Attorney Today
Facing concealed weapon charges can be overwhelming, but you don’t have to navigate the complex legal system alone. At the Law Office of Daniel J. Fernandez, P.A., our Tampa concealed weapon defense attorney has successfully defended over 500 clients in trial throughout his 43-year career. We understand the prosecution’s tactics and will aggressively fight to protect your rights and freedom. Our firm serves clients throughout Hillsborough County, including all areas of Tampa, and we’re available 24/7 to discuss your case. Contact us today for a free consultation and let us put our experience to work defending your case from the moment charges are filed to the final resolution.