(141) What is a Concealed Weapon in FL? | Michael A Haber Miami Criminal Defense Lawyer

October 27, 2016 / Michael A. Haber /

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).

At Michael A. Haber, PA “it’s all about reasonable doubt”!

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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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