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Orlando Carrying a Concealed Weapon Lawyer
Carrying a Concealed Weapon Attorney in Orlando, Florida
Weapons-related offenses in Florida can carry serious legal consequences, even when the circumstances surrounding the charge are unclear. One of the more commonly misunderstood weapons offenses involves carrying a concealed weapon without proper authorization. Because the law can be complex and open to interpretation, individuals are sometimes arrested in situations where they did not realize they were violating the law.
If you have been charged with carrying a concealed weapon in Orlando, it is important to seek legal guidance as soon as possible. At Hanlon Law, Orlando criminal defense attorney Will Hanlon represents individuals facing weapons charges throughout Central Florida and works to protect their constitutional rights.
Florida Laws on Carrying a Concealed Weapon
Florida law regulates how weapons may be carried in public and in vehicles. The primary law governing concealed weapons is
Florida Statute 790.01. Under this statute, it is generally illegal to carry a concealed weapon without the appropriate authorization.
A violation of this law is typically charged as a first-degree misdemeanor, which may carry penalties including:
- Up to one year in county jail
- Up to one year of probation
- Fines and court costs
Although it is not always charged as a felony, a conviction can still have lasting consequences for employment, firearm ownership rights, and your criminal record.
What Qualifies as a “Weapon” Under Florida Law?
Understanding what qualifies as a weapon is an important part of defending against a concealed weapon charge. The definition of “weapon” is provided in
Florida Statute 790.001.
Under this statute, a weapon may include items such as:
- Metallic knuckles (brass knuckles)
- A billie or baton
- Tear gas guns or chemical weapons
- Certain types of knives or other deadly weapons
The statute also includes the broad phrase “other deadly weapon,” which can lead to disputes about whether a particular object qualifies as a weapon under the law.
Because of this vague language, situations sometimes arise where individuals are arrested for possessing items that they did not believe were illegal to carry.
Pocketknives and Other Common Items
Florida courts have clarified that a “common pocketknife” is generally not considered a weapon for purposes of the concealed weapon statute. Courts have often interpreted this to mean a folding pocketknife with a blade length of less than four inches.
When a knife meets these characteristics, it may legally be carried concealed in many situations. However, if the knife is larger, fixed-blade, or considered a “deadly weapon,” prosecutors may attempt to pursue charges.
Because the classification of certain objects can depend on the facts of the case, legal analysis is often necessary to determine whether the item involved actually meets the statutory definition of a weapon.
When Is a Weapon Considered “Concealed” in Orlando, Florida?
A weapon is considered concealed when it is carried in a way that hides it from the ordinary sight of another person. This means that if the weapon cannot be easily seen during normal observation, it may be considered concealed under the law.
A concealed weapon does not necessarily have to be physically in someone’s hand or pocket. In some cases, individuals may face charges if the weapon is located:
- Inside a vehicle
- In a backpack or bag
- In a purse
- Hidden inside clothing
Because law enforcement officers often rely on their interpretation of what qualifies as “concealed,” disputes about visibility and accessibility can become central issues in these cases.
Defending Against Concealed Weapon Charges in Orlando, Florida
Every weapons case is unique, and a strong defense often involves examining whether law enforcement properly interpreted the law and followed appropriate procedures. An experienced criminal defense attorney may challenge the prosecution’s case by examining issues such as:
- Whether the item involved actually qualifies as a weapon under the law
- Whether the weapon was truly concealed from ordinary view
- Whether law enforcement conducted an unlawful search or seizure
- Whether the defendant had legal authorization to carry the weapon
A careful review of the evidence can often reveal weaknesses in the prosecution’s case.
Contact an Orlando Weapons Defense Attorney
Being charged with carrying a concealed weapon can be stressful and confusing, particularly when the legal definitions involved are complex. Having an experienced criminal defense attorney on your side can make a significant difference in the outcome of your case.
At Hanlon Law, we provide strategic and aggressive defense for individuals facing weapons charges and other criminal accusations in Orlando and throughout Central Florida. Our firm is committed to protecting your rights and helping you pursue the best possible result.
If you have been arrested or charged with carrying a concealed weapon in Orlando, call Hanlon Law at
(407) 987-3836 or contact us
online today to schedule a confidential consultation and discuss your legal options.
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