Concealed Weapons Attorney In New Port Richey
Musca Law Criminal Defense Attorneys Help to Defend Your Rights
If you have been charged with criminal charges pertaining to carrying a concealed weapon, a defense attorney at Musca Law Firm can assist you. As a serious offense that could hand you a third-degree felony, it is punishable by up to 5 years in prison with a fine up to $5,000.
There are specific circumstances in which a person can carry a concealed weapon. Those that are licensed are allowed to carry one on them. However, this circumstance does not apply to other devices that are meant for self-defense, such as pepper spray.
Concealed Firearms in New Port Richey
Under Florida law, a concealed weapon in New Port Richey is defined as a firearm that any individual has on his or her person that is concealed from the sight of others. This concealed weapon could be hidden in any of the following places:
- In the person’s pocket
- In a belt that is hidden under a coat or jacket
- On an ankle, thigh, bra, or shoulder holster
- In a purse, bag, or backpack that the individual is carrying
- Hidden under the clothes or wedged into a belt; or
- In any other type of holster that is out of view of any other person
Various Types of Concealed Legal Firearms in New Port Richey
Under Florida law, there are various types of concealed firearms that are legal in New Port Richey. These include:
- Tear guns
- Electric weapons
Machine guns are not a type of concealed firearms that are legal in New Port Richey.
Those Eligible for Concealed Firearm Licenses in New Port Richey
Those who are eligible to carry concealed firearms in New Port Richey must have a firearms license. Individuals that are eligible must:
- Be a citizen of the United States or a permanent legal alien as indicated by the U.S. Bureau of Citizenship and Immigration Services.
- Be at least 21 years of age.
- The individual must not have a felony conviction.
- The person must be seeking to use a firearm for a lawful purpose of self-defense.
- The individual must not have ever been charged with any crimes related to controlled substances.
- The person must not use alcohol or controlled substances that will impair their reflexes on a regular basis.
- The one applying for the concealed firearms license shall not have any impairment that would inhibit the safe and proper usage of the said weapon.
Those that are not eligible for concealed weapons in New Port Richey include those that have had two or more DUI convictions within the past three years, anyone committed to a mental institution, an individual that has renouncement of U.S. citizenship, or a person that has been issued a domestic violence injunction. Those that have been dishonorably discharged from the armed forces or are a fugitive from justice will also not be permitted to carry a concealed weapon.
Even if you have a concealed firearms license to carry, there are places that are considered “off-limits.” These places include:
Programs for Those Interested in a Concealed Firearms License in New Port Richey
For persons that are interested in carrying concealed weapons in New Port Richey, a license will be needed. Completion of one of the following programs must be proved before the license will be issued, per Florida Statutes:
The training certificate must clearly state your name, the instructor’s name, the instructor’s qualifications, and his or her license/certification number. The original certificate should not be submitted, but rather a copy.
If one has served in the military, they can submit a copy of their military orders with their call to duty letter or a statement of military service. This statement must identify the person, as well as their date of entry on their current active duty period. Any former military veteran can complete DD Form 214 showing honorable discharge from the military.
How to Obtain a License in New Port Richey For a Concealed Firearm
The Florida Department of Agriculture and Consumer Services (FDACS) provides those who are interested in obtaining a license for concealed firearms with an eligibility list and an application packet for first-time applicants. If you would like to apply for a concealed weapons license in New Port Richey, you will need to complete the following steps:
- Any place of nuisance as defined in Florida Statutes 823.05
- Any police, sheriff, or highway patrol station
- Any detention facility, prison, or jail
- Any courthouse or any courtroom
- Any polling place
- Any elementary or secondary school facility
- Any area technical center
- Any college or university
- Inside the passenger terminal and sterile area of any airport
- Any place where the carrying of firearms is prohibited by federal law
- Any meeting of the governing body of a county, public school district, municipality, or special district
- Any meeting of the Legislature or a committee thereof
- Any school, college, or professional athletic event not related to firearms
- Any school administration building
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which a portion of the establishment that is primarily devoted to such purpose
- Firearms safety or training course from the National Rifle Association
- Any firearms training program that is taught by a firearms instructor who has been certified by the National Rifle Association
- A firearms safety training course taught by a subdivision of a law enforcement agency
- Recent experience with firearms through the military or organized shooting competitions
- Any hunter’s safety course that has been approved by the Florida Fish and Wildlife Conservation Commission or a similar course from another state
Applying for a license in person takes about one hour. Once you have completed your application, it will be sent in for processing. FDACS has 90 days after receiving your application to accept or deny it. The typical processing time is about 50 to 55 days. They review the applications in the order they have been received.
Possible reasons for the FDACS to deny an application include:
Duration of a Concealed Firearms License in New Port Richey
A concealed weapons license is good for 7 years after it has been issued to the applicant. The license should be carried on the person whenever they are carrying a concealed weapon. Law enforcement can ask at any time to see it along with a photo ID. Those that violate this will be required to pay a fine of $25.
An expired concealed firearms license will be allowed to be renewed up to 180 days after it expires. A late fee will be imposed on this, which is $15. If you have let the license expire for more than 180 days, you will need to begin a new application for a license.
Which New Port Richey Residents Can Carry Without a License?
New Port Richey residents who do not have to hold a license to have a concealed weapon include any of the following per Florida Statute Title XLVI Chapter 790.25 (sub-section 3):
Carrying an Unlicensed Firearm in New Port Richey
Persons that are carrying an unlicensed concealed weapon will be charged with a felony in the third degree.
Decision of a Lawful Conceal-Carry Case in New Port Richey
Members of a court must prove the following without a doubt, as per Florida Statutes, Chapter 790.01:
An exception to this is anyone who is carrying a concealed weapon within 48 hours of a mandatory evacuation would not be found guilty.
Understanding the Terminology for Unlicensed Concealed Weapons in New Port Richey
Terminology, along with definitions, used for unlicensed concealed weapons cases include the following:
Final Determinations by a New Port Richey Criminal Jury for Unlicensed Concealed Firearms
A jury can find the defendant guilty of carrying a concealed firearm if he or she cannot prove to the jury that they were involved in a mandatory evacuation that was issued from the Governor of Florida.
Grounds for Defense in an Unlicensed Concealed Weapons Case in New Port Richey
If a person has been issued a license to carry a concealed weapon, they have a viable defense. The license must be issued from FDACS and must not have expired. All qualifications must also be met in order to carry the weapon, such as being 21 or older to carry. Those individuals that carry any of the following have a right to defend their case:
Anyone that took part in an evacuation ordered by the governor of Florida will be allowed to defend their case as well.
Penalties for Carrying an Unlicensed Concealed Firearm in New Port Richey
Carrying an unlicensed gun in Florida is a felony of the third degree, as per Florida Statutes Chapter 790.01, Subsection 2. The offender will be charged a fine of $5,000 as stated in Chapter 775.083.
Representation from a Skilled New Port Richey Concealed Weapons Attorney
A skilled concealed weapons attorney should thoroughly review your case to determine which avenue of defense is in your best interest to pursue. Even if you have been arrested and charged with a crime, a person still has rights that need to be maintained. These rights have been set forth to protect innocent persons. A professional lawyer will make sure that these rights are upheld. The attorney should also find a favorable outcome for the client of either reducing or dismissing the charges. If you need an experienced concealed weapons attorney to help represent your case, please call Musca Law Firm at (727) 480-9675 to schedule a free, confidential consultation with one of our skilled criminal defense attorneys.
- Familiarize yourself with the Florida Statutes XLVI, Chapters 790.06 and 790.25.
- Provide proof that you are a citizen of the United States.
- If you are a member of law enforcement or are a military veteran, you will need to show your licenses.
- An official concealed firearms application will need to be filled out. This can be done in person or mailed in.
- A copy of your fingerprints may be needed. This will cost you $42 to do so.
- You will need to submit a passport-style photograph.
- Submit payment of $97 ($42 for fingerprints and $55 for the license).
- The fingerprints were not legible. The fingerprints are used to check a person’s background. If law enforcement cannot read them, they will send you a letter asking you to resubmit them after being printed again. If for any reason they cannot read the second set of fingerprints, FDACS can then ask the FBI to do a name-based background check. The fingerprints are checked against three different databases: Florida Crime Information Center database (FCIC), National Crime Information Center database (NCIC) and the National Instant Criminal Background Check System (NICS).
- The application was incomplete. If you skipped a question, did not pay the correct amount, did not provide the correct documentation, or failed to supply a photo with the requirements needed, the application will be deemed as incomplete. They will issue a letter asking for the correct or missing information.
- If your background check comes back as inconclusive, your application can be denied. There are times when a background check indicates that a person may have been arrested for a disqualifying crime. If this is the case, the FDACS will law enforcement authorities for more information about this.
- Anyone who is training for military duty. If they are currently active, they are also eligible for carrying without a license.
- Air Force, Marines, Navy, Florida State Defense Force, National Guard, and other members of the armed forces organizations of the United States.
- Law enforcement and peace officers including forest officials and game wardens.
- Club members that legally exchange concealed weapons for business.
- Businesses that manufacture guns.
- Persons taking part in emergency management training.
- Private investigators that are employed by the state of Florida.
- The defendant was never issued a valid or lawful license to carry a concealed weapon
- The firearm was concealed from “ordinary site” of other persons
- The defendant knew they were carrying a concealed weapon around or on themselves
- Ordinary site refers to another person who has witnessed the defendant carrying the weapon
- A firearm or concealed weapon is defined as any weapon that projects something, such as a bullet. Antique firearms do not fall into this category.
- Pepper spray or any other chemical sprays
- A non-lethal stun gun
- Any non-lethal electrical device designed for self-defense