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Weapon Offenses / Guns

In the State of Florida there are certain weapons that require a permit to be carried, and there are certain weapons that are not allowed to be carried, either concealed or openly on one’s person. Particularly with the aftermath of 9/11, security at major airports and law enforcement officers on routine patrol have been enforcing these weapon statutes stringently.  

Q: What do I do if I was arrested for Carrying a Concealed Weapon or Firearm and I did not know that the item was located where it was found?

A: The carrying of a concealed weapon is considered a breach of peace and any officer can make an arrest when the Officer has probable cause to believe that the offense is being committed.
Possession under this the statute does require that the possessor had knowledge of the item, and by virtue of its presence on or about your person this knowledge can be circumstantially inferred by the arresting officer. However, you can challenge this “knowledge” element in court. Taracks Gomez & Associates has been successful in getting a variety of cases dismissed by challenging this element.

Q: What is a concealed weapon or firearm?

A: A handgun, electronic weapon or device, tear gas, gun, knife, or billie.

Q: What if I had a license but did not have it with me at the time of my arrest?

A: A licensee must carry the license, together with valid identification, at all times while in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

 

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