FREE CONSULTATIONS (352) 593-4115

Carrying a Concealed Weapon or Firearm

Both the Second Amendment to the United States Constitution and Section 8 of Article I to the Constitution of the State of Florida guarantee the right to keep and bear arms. Florida also allows properly licensed individuals to carry weapons or firearms in such a manner as to conceal them from the ordinary sight of another person.

People can face criminal charges, however, for carrying concealed firearms or other weapons when they do not have the necessary license. Even individuals licensed to carry concealed weapons or firearms can be arrested if they are carrying a firearm or weapon in a prohibited location.

Concealed Weapon or Firearm Defense Lawyer in Brooksville

If you were arrested in West Central Florida for allegedly carrying a concealed firearm or weapon without a license or in a prohibited location, it will be in your best interest to immediately seek legal representation. The Law Office of Ashley Aulls, P.A. aggressively defends clients accused of weapon and firearm offenses in communities all over Sumter County, Pasco County, Hernando County, and Citrus County.

Ashley Aulls is a dedicated criminal defense attorney in Brooksville who fights to achieve the most favorable outcome in every case, possibly getting criminal charges reduced or dismissed. You can have him provide an honest and thorough evaluation of your case when you call (352) 593-4115 today to schedule a confidential consultation.


Florida Carrying a Concealed Firearm or Weapon Information Center


Back to top

Charges for Carrying a Concealed Weapon or Firearm in Florida

Florida Statute § 790.01 makes it a crime for any person to carry a concealed firearm, weapon, or electric weapon or device on or about his or her person if he or she has not been licensed by the Department of Agriculture and Consumer Services to carry concealed weapons or firearms. This statute does not apply to a person who carries a concealed weapon or firearm on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the governor or a person who carries for purposes of lawful self-defense, in a concealed manner, a self-defense chemical spray or a nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

Even when a person has been issued a concealed weapon license, Florida Statute § 790.06(12)(a) still prohibits people from carrying concealed weapons or firearms into any of the following:

  • Any place of nuisance, as defined under Florida Statute § 823.05;
  • Any police, sheriff, or highway patrol station;
  • Any detention facility, prison, or jail;
  • Any courthouse;
  • Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
  • Any polling place;
  • Any meeting of the governing body of a county, public school district, municipality, or special district;
  • Any meeting of the Legislature or a committee thereof;
  • Any school, college, or professional athletic event not related to firearms;
  • Any elementary or secondary school facility or administration building;
  • Any career center;
  • Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
  • Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
  • The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or
  • Any place where the carrying of firearms is prohibited by federal law.

Back to top

Florida Penalties for Carrying a Concealed Firearm or Weapon

If a properly licensed individual carries a concealed weapon or firearm into a prohibited location, the offense is classified as a second-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500.

Under Florida Statute § 790.01(1), an alleged offender who carries a concealed weapon or electric weapon or device on or about his or her person without a proper license commits a first-degree misdemeanor punishable by up to one years in jail and/or a fine of up to $1,000. Florida Statute § 790.01(2) makes it a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 for an alleged offender to carry a concealed firearm on or about his or her person without a license.

When an alleged offender is accused of carrying a concealed weapon or electric weapon or device while committing or attempting to commit any felony, Florida Statute § 790.07 makes the crime a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000. If the individual carries a concealed firearm while committing or attempting to commit any felony, then the offense becomes a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

Florida Statute § 790.23 also makes it a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000 for an alleged offender to carry a concealed weapon or firearm if he or she is a convicted felon. If the alleged offender committed a charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, then the crime becomes a first-degree felony punishable by up to life in prison and/or a fine of up to $10,000.


Back to top

Hernando County Carrying a Concealed Weapon or Firearm Resources

Concealed Weapon License | Hernando County — Visit this website to learn how to obtain a Concealed Weapon License in Hernando County. Appointments are not required, but they are preferred as walk-in customers are accepted between appointments. The Hernando County Tax Collector provides helpful information for first-time applicants, including a checklist of items and documents you should bring with you when applying.

Hernando County Tax Collector
20 N Main St # 112
Brooksville, FL 34601
(352) 754-4180

Eligibility Requirements / Concealed Weapon License | Florida Department of Agriculture and Consumer Services — Visit this website to determine whether you are eligible for a concealed weapon license. You can find a link to answer 30 questions that determines eligibility as well as a list of possible reasons for ineligibility. You can also viewed detailed application instructions.


Back to top

The Law Office of Ashley Aulls, P.A. | Brooksville Carrying a Concealed Firearm or Weapon Lawyer

Were you recently arrested anywhere in West Central Florida for allegedly carrying a concealed firearm or weapon? You should avoid making any kind of statement to authorities until you have contacted The Law Office of Ashley Aulls, P.A..

Brooksville criminal defense attorney Ashley Aulls represents clients all over the greater Hernando County area, including Wildwood, New Port Richey, Spring Hill, Brooksville, Weeki Wachee, Inverness, and many surrounding areas. Call (352) 593-4115 or submit an online contact form to have our lawyer review your case and answer all of your legal questions during a initial consultation.


Back to top