In criminal cases, this writer has said, "firearm equals felony". In violations of 790.01, Florida's law that criminalizes the carrying of concealed firearms or weapons, the unlicensed carrying on the person of a weapon is a misdemeanor while unlicensed carrying on the person of a firearm is a felony.
Constructive possession means other than physical possession. In the world of criminal defense this usually means drugs or narcotics, firearms or other contraband are found but, not in the pocket or in the bra of the defendant. Constructive possession is an important concept for cases involving possession of a firearm by a convicted felon or a concealed firearm or weapon without a license. For example, you possess that television on your wall, you can move it, throw it away, and beat it with a baseball bat because you control it. However, no one carries around their flat screen in their back pocket.
Carrying a concealed firearm is a felony criminal offense in Florida with several exceptions that almost eat the rule. All of the exceptions, of course, require that the person is not otherwise prohibited from carrying a firearm concealed or otherwise. For example, the exceptions do not apply to people who have an active domestic violence injunction, are on probation, or are a convicted felon.
Criminal cases, especially those involving firearms are significant and tense starting at the roadside encounter. The recent appellate case of Rose v. State from the First District Court of Appeal, in which the person was convicted of possession of a firearm by a convicted felon, is a scary reminder of how interactions with law enforcement can go horribly wrong, fast. The Defendant was convicted of possession of a firearm by a convicted felon.