What are possible consequences for first offense of having a concealed weapon without a permit under FL criminal code

Asked over 5 years ago - West Palm Beach, FL

I WAS CAUGHT WITH A CONCEAL HANDGUN NEXT TO MY HOUSE. I HAVE NO PERMIT TO CARRY IT AND THE GUN IS OF THE STREETS. THIS IS MY FIRST TIME GETTING IN TROUBLE. WHAT MAY HAPPEN TO ME? I ALSO I TOLD THE COP I HAD IT ON ME BEFORE HE FOUND IT HIMSELF.

Attorney answers (3)

  1. Thomas C. Grajek

    Contributor Level 7

    Answered . Carrying a Concealed Firearm is a third degree felony punishable by up to 5 years in Florida State Prison. How the case will be resolved will depend on the facts of your case and your prior record. There may be search and seizure issues in your case as to whether the officer had the right to stop you. There also may be a mootion to suppress your statement depending when your statement was made, was it in response to questioning, etc. There is a possibility of having the evidence thrown out or negotiating a plea to a lesser charge. Firearm charges genrally do not qualify for diversion programs. I would consult a criminal attorney in your area as anytime a firearm is involved and a felony can affect your civil rights in the future.

  2. Ira W. Still III

    Contributor Level 8

    Answered . Your best asset now is that you have no prior criminal record, at least according to your facts. If you have a juvenile record of cases within the last 5 years, they can be scored against you and that would affect my answer. This case could be negotiated out by a good crimanl defense lawyer who not only can try cases if neccessary, but can also negotiate well.

    The State looks with great caustion at persons who are charged with firearm violations as there are so many cases today where people are killed or seriously injured by irresponsible gun users. The potential for you to get serious treatment in court is very high. However, if handled properly and early, you could be given a chance to turn your life around.

    You must retain a good criminal defense lawyer early on in your case in order to achieve the results you are looking for. I wish you the best on your case.

  3. Eric J. Friday

    Contributor Level 7

    Answered . You say you were caught next to your house. If you are on your own property you may lawfully carry openly or concealed. If you were on your own property and were not doing anything else illegal, the arrest was illegal as what you are accused of doing is not only allowed by FL law but is encouraged by statute.

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