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Concealed Weapon in a Vehicle

by | Aug 28, 2013 | Criminal

When is a weapon concealed or not concealed inside a vehicle? Florida law defines a concealed weapon as a deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. Normally a person cannot see the items inside a vehicle without opening a door. This can lead the state attorney’s offices to file charges that the weapon was concealed if the weapon or firearm is carried within a vehicle.

Once a person is arrested for carrying a concealed weapon or firearm, it is up to them and their lawyer to mount a defense. In a recent case, the concealed weapon, brass knuckles, were carried in a pocket of the driver door. After a traffic stop, the officer asked the defendant to exit and upon opening the door, the police officer “immediately recognized” the weapon. The defendant lost at trial.

The Appellate Court held that the weapon was NOT concealed due to several factors including the location of the weapon was visible once the door was opened, the fact the police immediately saw and knew it was a weapon, the defendant did not seek to conceal the weapon, and it was not covered by anything. The court reversed the defendant’s conviction.

Carrying a weapon or firearm is not per se illegal. The manner in which a person carries the weapon or firearm can be a crime. If you or someone you know has been arrested for concealed weapon or concealed firearm, then please click or call to hire an attorney.