Carrying a Concealed Weapon Without a Permit: Bail Costs in Florida

QuickBail Team The QuickBail editorial team — licensed bail bond professionals serving all 67 Florida counties, available 24/7 at (941) 477-6888.

Published on: May 18, 2026

Florida has one of the most permissive firearm ownership environments in the United States, and yet carrying a concealed weapon without a permit remains one of the most commonly charged weapon offenses in the state's criminal courts. The reason is straightforward: Florida law draws a hard line between owning a firearm, which is broadly protected, and concealing one on your person or in a vehicle in a manner that is "readily accessible," which requires a state-issued Concealed Weapon or Firearm License (CWFL). Many gun owners, particularly those who recently moved to Florida from states with different concealed carry laws, do not realize where that line falls until they encounter law enforcement during a traffic stop, a bar incident, or a routine checkpoint.

The consequences of crossing that line range from a first-degree misdemeanor for non-firearm weapons to a third-degree felony for firearms. The bail implications follow the severity of the charge, and the collateral consequences, including the potential permanent loss of the right to own firearms, make this one of the most serious "common" charges in Florida's criminal code.

The Legal Framework: Florida Statute 790.01

Florida Statute 790.01 makes it unlawful to carry a concealed weapon or concealed firearm without a valid license. The statute creates two distinct offenses:

Concealed Weapon (Non-Firearm): First-Degree Misdemeanor

Carrying a concealed weapon, defined as any dirk, metallic knuckles, billie club, tear gas gun, chemical weapon, or other deadly weapon, without a CWFL is a first-degree misdemeanor under Section 790.01(1). Knives with blades over four inches that are carried in a concealed manner also fall under this provision, though the legal treatment of knives in Florida involves some nuance based on the type and manner of carry. The maximum penalty is one year in county jail and a $1,000 fine.

Concealed Firearm: Third-Degree Felony

Carrying a concealed firearm without a CWFL is a third-degree felony under Section 790.01(2). This includes handguns, short-barreled rifles, and short-barreled shotguns. The maximum penalty is five years in state prison and a $5,000 fine. A felony conviction also triggers federal firearms disabilities under 18 U.S.C. 922(g), which permanently prohibits the convicted person from possessing any firearm.

How These Arrests Typically Happen

Traffic Stops

The most common discovery scenario for concealed weapons is a traffic stop. An officer pulls a vehicle over for a traffic infraction, and during the stop, the driver or passenger discloses the presence of a firearm, or the officer observes it during the encounter. If the individual does not possess a valid CWFL and the weapon is not "securely encased" as defined by the statute, the arrest for carrying concealed follows. The traffic stop itself may have been for something as minor as a broken taillight or an expired tag, but the weapon discovery elevates the encounter from a citation to a felony arrest.

Bar and Nightclub Incidents

Florida Statute 790.06(12) specifically prohibits carrying a concealed firearm into any establishment that serves alcohol as its primary business, even with a valid CWFL. An individual who carries a concealed handgun into a bar, whether they have a permit or not, is violating the law. Security pat-downs at nightclub entrances, fights that lead to weapon discovery, and intoxicated individuals who reveal their weapon during altercations all produce arrests in this category.

Consent Searches and Terry Stops

Officers who conduct a consensual encounter or a Terry stop (based on reasonable suspicion of criminal activity) may discover a concealed weapon during a pat-down for officer safety. The Fourth Amendment requires that the pat-down be limited to a search for weapons, not general contraband, but if the officer feels an object consistent with a weapon, they can retrieve and examine it. If the weapon is concealed and the individual lacks a permit, the arrest follows.

Domestic Violence Calls

When officers respond to a domestic disturbance and discover firearms on scene, they assess whether the weapons are legally possessed and properly stored. If a firearm is found concealed on one of the parties during a confrontation, a concealed weapon charge may be added on top of any domestic violence charges. This compounding of charges significantly increases the bond amount at First Appearance.

Bond Amounts by Charge Level

Bail for concealed weapon charges in Florida varies based on the charge classification and the defendant's background:

• Concealed weapon, non-firearm (1st degree misdemeanor): $500 to $2,500. This is typically a preset bond that can be posted immediately after booking.
• Concealed firearm without permit (3rd degree felony): $2,500 to $10,000. Bond is usually set at First Appearance. A defendant with no prior criminal history and strong community ties will generally receive a bond toward the lower end of this range.
• Concealed firearm with prior felony conviction: This charge is typically prosecuted as possession of a firearm by a convicted felon under Florida Statute 790.23, a second-degree felony. Bonds for this charge start at $10,000 and can reach $50,000 or higher, with some judges imposing no bond pending an Arthur Hearing.
• Concealed firearm compounded with other charges: When concealed carry is discovered during a drug arrest, DUI stop, or domestic violence call, the total bond reflects all charges combined. A concealed firearm found during a drug possession arrest could result in a combined bond of $10,000 to $25,000.

Common Defenses and Their Impact on Bail

Several defenses are commonly raised in concealed weapon cases. While these defenses are resolved at trial, not at the bail stage, they influence how aggressively the defense argues for a lower bond at First Appearance:

The "Securely Encased" Defense

Florida Statute 790.25(5) allows individuals to possess a firearm in a vehicle if it is "securely encased or otherwise not readily accessible for immediate use." Securely encased includes being in a glove compartment (whether locked or unlocked), in a snapped holster, in a gun case, in a zippered case, or in a closed box. If the firearm was securely encased at the time of discovery, the concealed carry charge should not apply. Defense attorneys raise this at First Appearance to argue for a lower bond or release on recognizance.

Unlawful Search

If the weapon was discovered during an illegal search, the evidence may be suppressed under the Fourth Amendment exclusionary rule. This defense is evaluated through a motion to suppress hearing before trial, but a defense attorney who believes the search was unconstitutional will present this argument at First Appearance to support a lower bond, arguing that the state's case is weak and the defendant is less likely to be convicted.

Temporary and Lawful Possession

Florida case law recognizes limited defenses for individuals who temporarily possess a firearm under circumstances that negate criminal intent. A person who finds a firearm and is carrying it to turn in to police, or a person who momentarily conceals a legally possessed firearm while adjusting their clothing, may have a viable defense. These situations are fact-specific and are resolved at trial, but they can inform the bond argument at First Appearance.

Bond Conditions for Weapon Charges

Judges setting bond for concealed weapon charges frequently impose conditions beyond the dollar amount:

• Firearms surrender: The defendant must surrender all firearms in their possession to law enforcement or a third party within 24 to 48 hours of release.
• No-weapons condition: The defendant is prohibited from possessing any weapons or ammunition while on pretrial release.
• Travel restrictions: The defendant may be restricted to the county of residence or required to surrender their passport if the judge views them as a flight risk.
• Pretrial check-ins: Regular check-ins with pretrial services, either in person or by phone, are standard for felony weapon charges.

The Collateral Consequences

Beyond the immediate bail and criminal case, a concealed weapon arrest triggers several downstream consequences that families should be aware of. A felony conviction permanently revokes the defendant's right to possess firearms under both state and federal law. The arrest itself may appear on background checks that affect employment, professional licensing, and housing applications. If the defendant currently holds a CWFL, the Florida Department of Agriculture and Consumer Services will suspend it upon notification of the arrest and revoke it upon conviction.

For individuals with professional licenses in regulated fields such as healthcare, law, real estate, or financial services, the arrest must typically be self-reported to the licensing authority. Failure to disclose the arrest can result in separate disciplinary proceedings even if the criminal charge is eventually dismissed.

Frequently Asked Questions

Does Florida's constitutional carry law affect this charge?

Florida's permitless carry law, which took effect on July 1, 2023, allows individuals who are legally eligible to own a firearm to carry a concealed weapon or firearm without a CWFL. However, this law does not apply to individuals who are prohibited from possessing firearms, such as convicted felons, individuals under domestic violence injunctions, or individuals under 21 years old (for handguns). If you are legally prohibited from possessing the firearm in the first place, the concealed carry is still a criminal offense regardless of the permitless carry statute. Additionally, the prohibition against carrying in establishments that primarily serve alcohol remains in effect.

What if I have an out-of-state concealed carry permit?

Florida recognizes concealed carry permits from states that have a reciprocity agreement with Florida. If you hold a valid permit from a reciprocal state, you can legally carry concealed in Florida under the terms of Florida's concealed carry statute. The list of reciprocal states is maintained by the Florida Department of Agriculture. If your state is not on the reciprocity list, your out-of-state permit is not valid in Florida, and you can be charged with carrying concealed without a license. With the permitless carry law now in effect, this issue is less common, but it still applies to individuals who are in the 18-20 age range or who have disqualifying factors.

Will the weapon be returned after the case is over?

If the charges are dropped or the defendant is acquitted, they can petition the court for the return of the seized firearm. The process involves filing a motion with the court and providing proof of legal ownership. If the defendant is convicted, the weapon is forfeited to the state and will not be returned. The forfeiture process is governed by Florida Statute 790.08, which authorizes law enforcement to retain or destroy forfeited weapons. In cases where the weapon belongs to a third party, that person can petition separately for its return.