Category: Criminal Offenses · Statute: F.S. 790.01 · Source: Florida Legislature
Understanding Concealed Carry Violation in Florida
Under Florida Statute Section 790.01, a concealed carry violation occurs when an individual carries a concealed weapon or firearm on or about their person without a valid concealed weapon license (CWL). While Florida recently enacted legislation allowing for "permitless carry" under specific conditions, individuals must still meet all the legal requirements of a qualified purchaser to carry legally without a permit. If a person does not meet these criteria—such as being under 21 years of age, having a felony conviction, or being otherwise disqualified under state or federal law—carrying a concealed firearm remains a serious criminal offense.
The severity of the charge depends on the type of item concealed. Carrying a concealed weapon, which includes items like metallic knuckles, dirks, or tear gas guns, is classified as a first-degree misdemeanor. However, carrying a concealed firearm without a license or without meeting the legal permitless carry requirements is a third-degree felony. To secure a conviction, the state must prove that the defendant knowingly carried the firearm or weapon and that it was physically concealed from the ordinary sight of another person.
Bail and Pretrial Release for Concealed Carry Violations
In Florida, a concealed carry violation can significantly impact pretrial release conditions. While a misdemeanor weapon charge often results in a standard bond, a third-degree felony firearm charge carries higher risk. Judges frequently view unlicensed concealed firearms as potential public safety threats, which can lead to higher bail amounts or supervised release conditions, such as a prohibition on possessing any firearms or weapons while the case is pending. Additionally, if the violation occurred in a prohibited location like an airport or school zone, the court may impose strict travel restrictions or GPS monitoring as a condition of bail.