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.
Carrying of Concealed Weapons or Firearms in a State of Emergency.
GET OUT! Asked to exit vehicle after a traffic stop
In criminal and traffic cases a common concern is that the officer requested the driver or other person to exit the vehicle. There is a line of thought that being removed from the vehicle requires a safety concern or other good reason. Some may question what issue(s) exist getting out of the car, others do not like the feeling of being seized, however in the context of criminal cases, exiting from a vehicle often discloses damaging evidence.
Instructive Constructive Possession Florida Case
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.
Openly Carrying Firearms Still a Crime in Florida
Whether "keep and bear" arms means to openly carry or carry at all has been debated. However, it is a criminal offense to open carry in Florida. As with most things in the law, there are exceptions. For example, if a person is engaged in or going to or from hunting, fishing, camping or on a target range, that person can openly carry. These exceptions are affirmative defenses. There is also the obvious cop exception. Recently, an appellate court decided whether Florida's prohibition on the open carrying of firearms was in violation of the Second Amendment to the United States Constitution.
Concealed Weapon in a Vehicle
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.
Carrying a Concealed Firearm a Criminal Felony with Exceptions
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.
