The Concealed Weapon License System

Florida allows eligible residents to obtain a license to carry a concealed weapon or firearm under Fla. Stat. § 790.06, issued by the Florida Department of Agriculture and Consumer Services. A license is generally valid statewide for seven years.

Eligibility requirements and age rules for these licenses have been subject to recent litigation, including the Fourth District Court of Appeal's 2026 decision in Eubanks v. Florida, so anyone with a question about current eligibility should confirm the current requirements directly with the Department of Agriculture and Consumer Services or an attorney, since this is an evolving area of law.

Potential Penalties for Weapons Charges

Penalties vary by the specific offense and circumstances:

  • If a person does not meet the qualifications for obtaining a concealed permit, carrying a concealed weapon without a license is generally a first-degree misdemeanor, punishable by up to a year in jail. However, carrying a concealed firearm without a license is generally a third-degree felony.
  • Improper exhibition of a dangerous weapon is generally a first-degree misdemeanor.
  • Certain weapons offenses can be enhanced to felonies with mandatory minimum sentences under Florida's 10-20-Life law, particularly when a firearm is used or discharged during the commission of certain other crimes under Fla. Stat. § 775.087.

Because these outcomes depend on the type of weapon, whether it was concealed, and the surrounding circumstances, an accurate assessment requires review of the specific facts of the arrest.

Gun in a waistband

Common Weapons and Firearms Charges in Florida

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Common Defenses to Weapons Charges

  • Open, not concealed, carry: Arguing the weapon was not actually concealed under the statute's definition at the time of the alleged offense.
  • Lawful transport exceptions: Florida law recognizes certain exceptions for transporting a weapon securely encased in a vehicle, which can apply depending on the facts.
  • Self-defense context: For improper exhibition charges, arguing the display of a weapon was a reasonable act of self-defense rather than a threatening act.
  • Unlawful search or seizure: Challenging how the weapon was discovered, particularly during a traffic stop or pat-down.

What Happens After a Weapons Charge Arrest in Hillsborough County

  1. Arrest or notice to appear, often following a traffic stop or a reported disturbance.
  2. First appearance, where bond is addressed for in-custody defendants.
  3. Arraignment, where the charge is formally read and a plea is entered.
  4. Discovery, including body-camera footage, the weapon itself, and any witness statements.
  5. Resolution, through negotiated plea, pretrial motion, or trial.
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Steps to Take If You've Been Charged With a Weapons Offense

  • Do not make statements about the weapon to law enforcement without an attorney present.
  • If you hold a concealed weapon license, provide your attorney with a copy so it can be verified against the state's allegations.
  • Document how the weapon was being carried or stored at the time of the incident.
  • Contact a criminal defense attorney promptly, since even a misdemeanor weapons charge can affect future firearm eligibility.
Casey K. Carlson

Why Choose Carlson Hayslett, P.A., to Help With Your Weapons and Firearms Charge in Tampa, FL?

Weapons and firearms charges can carry serious consequences, including criminal penalties that may affect your freedom and future. Our experienced weapons and firearms defense attorneys in Tampa understand the complexities of Florida weapons laws and can review the allegations, investigate the evidence, and develop a defense strategy tailored to the specific facts of your case.

For over 55 years, Carlson Hayslett, P.A., has been a part of the Tampa Bay legal community, providing clients with dedicated representation and individualized attention. Our attorneys have developed a strong understanding of the local courts and legal system, along with a reputation for committed advocacy. Our firm’s experience includes:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

If you are facing weapons or firearms charges, our team is prepared to defend your rights throughout your case. To schedule a free consultation, call 727-219-2272 or complete the form on this website today.

Weapons & Firearms FAQs

Is it illegal to carry a firearm in Florida without a license?

What counts as "concealed" under Florida law?

Can I lose my concealed weapon license because of a criminal charge?

Are brass knuckles illegal in Florida?

Does showing a weapon during an argument automatically result in charges?

Is it illegal to carry a firearm in Florida without a license?

Though the law used to require a license to carry a concealed firearm, recent changes now allow an otherwise eligible person to carry a concealed firearm without obtaining a concealed weapon license.

What counts as "concealed" under Florida law?

Generally, a weapon is concealed when it is carried on or about a person in a manner that hides it from the ordinary sight of others, though the specific facts of how a weapon was carried matter to this determination.

Can I lose my concealed weapon license because of a criminal charge?

Yes, certain convictions can affect eligibility to hold or renew a concealed weapon license, which is another reason to have any weapons-related charge evaluated by an attorney.

Are brass knuckles illegal in Florida?

Generally, manufacturing or selling metallic knuckles is prohibited under Fla. Stat. § 790.09, and possession of certain prohibited weapons can carry separate criminal exposure depending on the specific facts.

Does showing a weapon during an argument automatically result in charges?

Not automatically, but Florida law allows for a charge of improper exhibition when a weapon is displayed in a rude, careless, angry, or threatening manner outside the context of legitimate self-defense.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every weapons or firearms case depends on its own specific facts, and Florida's weapons law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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