Unlicensed Concealed Carry of Firearms
The Florida Legislature passed CS/SB 150, effective July 1, 2023. The legislation amends Section 790.01, F.S, to provide that a person is “authorized” to carry a concealed weapon or concealed firearm if the person:
- is licensed under s. 790.06, F.S., or
- is not licensed under s. 790.06, F.S., but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06 (2)(a)-(f) and (i)-(n), (3), and (10), F.S.
In fact, the terminology is modified throughout the statutory scheme to now use the word “authorized” for both licensed and unlicensed concealed weapon or concealed firearm carriers.
The new legislation also amends Section 790.01, F.S., by adding subsection (4) that requires in any prosecution for carrying a concealed weapon or firearm in violation of Section 790.01(2) or (3), F.S., that the state bears the burden of proving, as an element of the offense, both that:
- a person is not licensed under s. 790.06, F.S., and
- the person is ineligible to receive and maintain such a license under the criteria listed in s. 790.06(2)(a)-(f) and (i)-(n), (3) and (10), F.S.
The term “concealed weapon or concealed firearm” is defined under Section 790.06(1), F.S., as amended by the new legislation.
Under the new statutory scheme, any crime for carrying a concealed weapon under § 790.01 (see § 790.02), is still on the list of offenses that qualify as exceptions to Florida’s warrantless arrest rule. That rule prohibits an officer from making a warrantless arrest when the crime did not occur in the officer’s presence.
Attorney for Unlicensed Concealed Carry Crimes in Tampa, FL
The attorneys at Sammis Law Firm represent clients charged with weapon and firearm offenses in the greater Tampa Bay area. We pay attention to new legislation that impacts carrying a firearm in a concealed or open manner.
Our main office is in downtown Tampa, FL, near the courthouse. We also have an office in New Port Richey near the West Pasco Judicial Center and Clearwater near the Criminal Justice Center (CJC) courthouse.
The Requirement to Carry and Show Valid Identification
Prior to July 1, 2023, the licensees were required to carry their license and valid identification any time they were in actual possession of a concealed weapon or concealed firearm and display both documents upon demand by a law enforcement officer as required by Section 790.06(1), F.S. The failure to have proper documentation and display it upon demand is a noncriminal violation with a penalty of $25.
The new legislation, effective July 1, 2023, amends Section 790.06, F.S., to remove the requirement for a licensed carrier to carry their license to carry a concealed weapon or concealed firearm.
Instead, inder Section 790.013, F.S., a person authorized to carry a concealed weapon or concealed firearm without a license must carry valid identification when in actual possession of a concealed weapon or concealed firearm. The statute also requires that person display their identification upon demand by a law enforcement officer.
Therefore, the new requirements for carrying and displaying identification are the same for licensed and authorized carriers. Failing to display the identification is punishable by a $25 fine as a noncriminal violation.
Section 790.013, F.S., prohibits carrying a weapon or a firearm in a location where it is prohibited as outlined in Section 790.06(12), F.S.
Brief Open Display of Firearm
The Florida legislature also amended Section 790.053, F.S., which prohibits openly carrying a firearm by allowing an authorized person to briefly and openly display the firearm to the ordinary sight of another person unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
Possessing or Discharging a Firearm on School Property
The Florida legislature also amended Section 790.115(2), F.S., to prohibit both licensed and unlicensed authorized persons from willfully and knowingly possessing a weapon or firearm at a school-sponsored event or on the property of any school, school bus, or school bus stop. A violation of this statute is charged as a second degree misdemeanor penalty punishable by up to sixty (60) days in jail, six (6) months probation, or a $500 fine.
This article was last updated on Thursday, April 6, 2023.