Concealed Weapon Lawyers in Orlando, Florida
Fight For Your Freedom With Musca Law
If you are facing a charge of concealed weapons, Orlando’s Musca Law Firm wants to speak with you. We want you to know that this is a very serious offense, but having a professional lawyer on your side can improve your chances of succeeding in court.
Any of our Musca Law Firm attorneys would be delighted to fight for you. We strongly believe we can help your case. Don’t hesitate to contact our Orlando office today at (407) 443-3729 to schedule a free initial case consultation with one of our experienced criminal defense attorneys.
Concealed Weapons in Orlando, Florida
In Florida, a concealed weapon is defined as any type of firearm that an individual has on his or her person that is concealed from the ordinary sight of others. A concealed weapon could be located in the following places on a person:
- A person’s pocket
- On a belt holster
- Hidden in a jacket
- In a bra holster
- Inside the waistband
- In a shoulder holster
- In a fanny pack
- An ankle holster
- In briefcase
- In a purse
- In a backpack
- In an elastic belly band
- On a thigh holster
- Tucked inside the back of jeans with no holster
Various Kinds of Legal Concealed Weapons in Orlando
Concealed weapons come in various types. Florida Statutes, Section 790.001 states that the following fall under concealed weapons in Orlando and the rest of Florida:
- Electric weapons
- Chemical weapons
- Metal knuckles
- Tear gas guns
Machine guns do not fall under this category. An antique firearm will not fall into this category either unless it is used in a crime.
Eligibility for Concealed Weapons Licenses in Orlando
Under the Florida Statutes 790.06, the following terms must be met in order to have an Orlando concealed weapons license.
Programs for Obtaining a Concealed Weapons License in Orlando, Florida
There are many programs that one can attend in order to obtain a concealed weapons license in Orlando and the rest of Florida. These include the following:
These are just a handful of classes that are offered for concealed weapons in Florida. Look for classes that are small in order to get the most for your money. Also make sure that all your instructors are certified.
Applying For a Concealed Weapons License
In Florida, there are various ways that you can apply for a concealed weapons license. The four ways to apply include in person, by mail, online, or by renewing your current license.
If you are applying for your license in person, you will need to bring a photo ID along with your certificate of completion for a concealed weapons license. You will also need your payment. Cash will not be accepted at any Florida Department of Agriculture regional offices.
If you choose to do your application by mail, you will need to download an application and fill it out. You will have to schedule an appointment with the sheriff’s office to be fingerprinted. Once you have done both, you will need to mail them both to the Florida Department of Agriculture and Consumer Services. The department will have 90 days to complete the application or deny it. They process the applications in the order that they receive them. Typically, they have a turnaround time of 50 to 55 days. At any time you can check the status of your application by going to the online status check page located on the Florida Department of Agriculture and Consumer Services.
If your application is not fully completed, there will be processing delays. Delays could also result from fingerprints that are not legible or that your background check was inconclusive.
Concealed Weapons Licenses in Orlando and the Rest of Florida
A concealed weapons license would be good for 7 years in the state of Florida. It should be carried with you at all times you are carrying your concealed weapon. During this time you will also need valid identification of you. Should any law enforcement officer ask to see your license, you must show it to him or her along with your ID.
When obtaining a Florida concealed weapons license, you will need to submit a set of fingerprints. These will be checked against the Florida Crime Information Center database (FCIC), the National Crime Information Center database (NCIC) and the National Instant Criminal Background Check System (NICS).
Reasons Concealed Weapons Licenses Are Denied
The following are reasons as to why a concealed weapons license could be denied.
Places Where Concealed Weapons are Forbidden
Some places in Orlando and the rest of Florida forbid anyone from carrying a concealed weapon. Even if you are lawfully carrying it, Florida law states that concealed weapons shall not be in the following places:
- The person who would like to carry a concealed weapon must be a resident and a legal citizen of the United States of America.
- The person shall be 21 years of age or older.
- The person cannot have any felony charges.
- You must be free of medical conditions that would not allow you to carry a firearm safely.
- You may not chronically and habitually consume alcoholic beverages.
- You could not have been convicted of a substance abuse crime under the Florida Statutes Chapter 893.
- People must demonstrate competence with a firearm.
- The individual must only want a firearm for self-defense purposes.
- Under the Florida Statutes 744.331, you must not be incapacitated.
- You cannot ever have been committed to a mental institute.
- You cannot be the subject of an injunction/restraining order.
- Within the past three years, you cannot have been sentenced for a domestic violence charge/crime.
- You cannot be prohibited by any federal or state law from owning a firearm.
- Concealed Weapons Course at the Florida Gun Show - This course is held four times at every gun show. Gun shows take place in Miami, Orlando, Tampa, Palmento, Lakeland, Daytona, Ft Myers, and Ft Lauderdale. Each class is about 2 hours long. The instructors will be police firearms instructors that have been certified by the state of Florida.
- Straight Shoot - This class will be taught by accredited instructors in various locations in Florida. Class sizes are limited to 20 per class. The course takes about 3.5 hours to complete. A requirement for the class is to be able to speak, read, and write English with no interpreters. After completing the course, you will legally be able to carry in over 30 states.
- Florida Concealed Weapons or Firearm License Course - In this class, there will be a maximum of 20 students per class with an instructor/student ratio set to 1:12. This class is offered for immediate shooters.
- The person is physically unable to handle a firearm.
- The individual has a record of drug or alcohol abuse.
- The person has been institutionalized in a mental ward.
- The individual is a convicted felon.
- Within the past 3 years, the person has had a violence misdemeanor.
- The one applying for the license has two or more DUI convictions within the past 3 years.
- The person is a fugitive from justice.
- A person has been issued a domestic violence restraining order or a current injunction against repeat violence.
- The person has a dishonorable discharge from the Armed Forces.
- There has been a renouncement of U.S. citizenship.
- A person has failed to provide proof of proficiency with a firearm.
Orlando’s Gun Laws
There are many laws that you must know when carrying a concealed weapon in Orlando and the rest of Florida.
Under Florida law, you are under no obligation to inform a police officer that you are carrying a concealed weapon. As stated above, the law does require you to carry your concealed carry license and a valid ID at all times you are carrying your weapon.
You may carry a concealed weapon inside your vehicle as long as you are 18 years of age or older without a license. The vehicle must be private and must be used for self-defense or other lawful purposes. The weapon must be securely encased (in a glove compartment either locked or unlocked, in a gun case, in a holster, in a closed box, or in a zippered gun case.
Open carry is not legal in the state of Florida. Even if you have a license to carry you still may not do it unless the situation is listed in the Florida Statutes, such as camping, fishing, and hunting.
You can carry your concealed weapon in a state park, a state or national forest, roadside rest areas, and state game management units.
You are not permitted to carry a concealed weapon in a restaurant that serves alcohol. You may also not have your concealed weapon in a bar.
Concealed Weapons and Alcohol
According to Florida Law:
“It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.”
It is advised that if you are carrying a concealed weapon, you should not drink any alcoholic beverages.
Unlicensed Concealed Weapons in Orlando
It is a felony to carry an unlicensed concealed weapon in the state of Florida. Florida Statutes Section 790.01 (2) states “a person who carries a concealed firearm on or about his person commits a felony of the third degree.”
Unlicensed concealed weapons carry a penalty of up to 5 years in prison, up to 5 years of probation, and a fine of $5,000.
Need an Experienced Orlando Concealed Weapons Attorney? Call (407) 443-3729
If you or a loved one has been charged with having a concealed weapon, please call Musca Law Firm in Orlando. We provide excellent service as we realize it is a very tough time to go through. All of our seasoned attorneys will fight for you.
Our number one goal is to find a defense that is strong enough to win your case for you. We have a two-fold philosophy that states we will provide an excellent criminal defense that focuses on detail, the strengths of your case, and the weaknesses of the prosecution. We will hold the prosecution to their burden of proof.
The second part of our philosophy states we will provide you with high quality service. It will be at a personal level that will include providing you with updates to the case.
We believe we can make an impact on your case. Please call us at (407) 443-3729 to schedule your free, no obligation case consultation today.
- Any place of nuisance as defined in s. 823.05.
- Any police sheriff or highway patrol station.
- Any detention facility, prison, or jail.
- Every courthouse.
- Any courtroom, except that nothing in this section, would preclude a judge from carrying a concealed weapon or determining who would carry a concealed weapon in his or her courtroom.
- Any polling place.
- 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 is not related to firearms.
- Any elementary or secondary school facility or administration building.
- Any career center.
- Any portion of the establishment is licensed to dispense alcoholic beverages for consumption on the premises, whose portion of the establishment is primarily devoted to such purpose.
- Any college or university facility unless the licensee is a registered student, employee, or faculty member of such a college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile.
- The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft.
- Any place where the carrying of firearms is prohibited by federal law.