Many Floridians seek or already have a concealed weapon license. However, despite Florida being one of the friendliest states in the nation for responsible gun ownership and a right to carry a weapon, there are factors that can prevent a person from doing so legally.
For people who are confronted by legal problems related to an arrest and fear the consequences – including losing their right to carry a gun – it is vital to understand how to mount an effective defense. This can avoid the worst penalties and help with maintaining their gun rights.
What crimes will disqualify a person from having a concealed weapon?
In Florida, people will be ineligible to carry a concealed weapon for the following reasons:
- Being a fugitive from justice
- There being a pending arrest for specific crimes
- A felony conviction
- A misdemeanor violent crime that does not include domestic violence
- A misdemeanor crime of domestic violence whether convicted or with a suspended sentence
- An injunction linked to domestic violence or repeat violence
A person cannot carry a concealed weapon if they have a pending arrest for any felony, a criminal act that – with a conviction – would result in more than one year in prison, a violent crime, or drug charges under Chapter 893. Nor can they carry a concealed weapon if they are convicted of a weapons-related felony.
Misdemeanor crimes of violence include using or threatening force against a person or their property. This can include battery, stalking, or assault. With domestic violence, it includes a spouse, former spouse, parent, guardian, or a child. Even if they receive a suspended sentence, they are barred from carrying a concealed weapon. A restraining order for domestic violence also prevents the person from carrying a weapon.
An effective criminal defense is key to avoid known and unexpected penalties
Not only can criminal charges lead to incarceration, fines and other long-term challenges, but it can also hinder a person’s attempts to legally carry a concealed weapon. To fight any criminal charges and protect all legal rights, it is vital to understand the law and to craft a viable criminal defense.