Carrying a Concealed Firearm / Weapon Fla. Stat. §790.01
In Florida, it is illegal for a person to carry a gun, firearm, or weapon if it is concealed from the ordinary site. Even if the gun is not directly on the person’s body or in their hand, it is still a violation if the gun or weapon is within ready reach or readily accessible to him or her, such as under the seat of a car. It does not need to be completely hidden to be considered concealed. If the firearm or weapon is partially concealed but it is detectable as a firearm or weapon by ordinary observation, that would not be a violation.
Possession of a Firearm by Convicted Felon Fla. Stat. §790.23 (AKA Felon in Possession)
Possession of a Firearm by a Convicted Felon is a second-degree felony and carries stiff penalties. Anyone convicted (adjudicated guilty) of a felony may not possess a firearm unless his or her right to carry has been officially restored. Possession includes owning, possession, or carrying a firearm, electric weapon, or ammunition. It is also illegal to carry a concealed weapon.
- Up to 15 years in prison
- Up to 15 years probation
- Up to a $10,000 fine
Minimum Mandatory Sentence
* Actual possession, meaning in the hand of the person or it is so close that it is within “ready reach” and is under the control of the person, carries a three (3) year mandatory prison sentence.
Improper Exhibition of a Weapon or Firearm Fla. Stat. §790.10
It is illegal to carry a weapon or firearm if the person is in it a rude, careless, angry, or threatening manner in the presence of one or more people. This crime is a first degree misdemeanor and carries a sentence of up to one year in jail, up to one year of probation, and up to a $1000.00 fine. One possible defense to this crime would be self-defense.
Improper Discharge / Discharging a Firearm Fla. Stat. §790.15
There are various places where you can not discharge a firearm without justification. It is illegal to discharge a firearm in a public place or over an occupied premise. It is also illegal to discharge a firearm in a reckless or negligent manner outdoors in a residential area. This crime is a first-degree misdemeanor and carries a maximum sentence of up to one year in jail or one year of probation.
It is a Defense if the defendant was rightfully defending life or property, performing official duties requiring the discharge, or if the property is expressly approved for hunting by Fish and Wildlife Conservation Commission or the Division of Forestry.