(141) What is a Concealed Weapon in FL? | Michael A Haber Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 28/10/2016

What is a Concealed Weapon in FL?

Florida Statute 790.001 defines a concealed weapon as “any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon”, but you can violate the Carrying a 

Concealed Weapon Statute by carrying any weapon, destructive device, explosive or firearm “on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.”

To violate this statute the item must either be physically on your person or “readily accessible”.  

To be concealed the item must be beyond the “casual and ordinary observation of another in the normal associations of life”... or essentially hidden from plain view.

What is and is not a weapon is a matter of fact to be determined by the jury, and the answer will always depend upon the unique facts and circumstances of the case, but, interesting tidbit, a pocket knife is not a weapon in FL if the blade is less than 4 inches long.  Regardless of it’s size any pocket knife can easily be used as a deadly weapon but, if it’s blade is less than 4 inches then it is not, in and of itself, a weapon for CCW purposes.

Carry a Concealed Weapon in FL is a 1st degree misdemeanor and is punishable by up to 364 days in a local jail.  CCF, or Carrying a Concealed Firearm is a 3rd degree felony in FL and is punishable by up to 5 years in state prison.  If you are a convicted felon then either crime is bumped up one level (so CCW by a convicted felon is a 3rd degree felony and CCF by a convicted felon is a 2nd degree felony).

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