The manner in which the weapon is discovered can often lead to a legal defense if strict legal requirements are not observed by the arresting officer.  If a concealed weapon or firearm is found pursuant to a search of a person, then it is essential that the individual retains the service of a criminal defense lawyer who is experienced and knowledgeable with regard to search and seizure issues.   Both the United States as well as the Florida Constitution dictate that there are restrictions on the police to search and seize your property.   The Fourth Amendment protects citizens from unreasonable searches of their person.  If the police violate a person's Constitutional rights during the course of a search, the that will provide grounds for an experienced search and seizure attorney such as Antonio D. Quinn, to file a Motion to Suppress the illegally obtained evidence and prevent it from being introduced in court.  Many times weapons are found during searches which push the boundaries of what the law permits.  

Is it "concealed"?  

         Whether a weapon or firearm is "concealed" within the meaning of the statute is a question of law which can often be decided my a judge in many cases without having to submit that issue to a jury.  Florida courts have stated in the past that when a law enforcement officer immediately recognizes an item as a weapon or firearm then the court may conclude that the item was not concealed within the meaning of the statute.  (See Dorelus v. State)  

Multiple Weapons

           If multiple guns are found concealed on an individual's person, then that person cannot be convicted of multiple counts of possession of a firearm by a felon for possessing multiple guns in a single event under Florida law.  Likewise, a person cannot be charged  both with possession of ammunition by a convicted felon and possession of a firearm by a convicted felon at the same time.  This law prevents charge stacking so that an individual is not facing multiple felony charges as the result of having one loaded gun.  

The Second Amendment

         The meaning of the Second Amendment of the United States Constitution is unclear to even Constitutional scholars.  Many people misread the law to interpret it as granting gun ownership rights that it in fact does not.  This unfortunately can lead to criminal charges. In Florida the Second Amendment does not provide a person with a defense to a charge of possession of a firearm by a convicted felon.  The courts have explicitly refused to extend Second Amendment protections to persons who have been convicted of felonies.  (See Epps v. State 55 So 3d 710)  

In one's home

       A person cannot be convicted for possessing a concealed firearm in their own home.  Florida Statute 790.25 makes it permissable to possess a concealed firearm in one's home as long as they have not been convicted of a felony.  

Possession of a Weapon on School Grounds

          In light of recent events around the country, offenses involving weapons or firearms on school property is taken very seriously.  Possession of a weapon of a firearm on school grounds is a third degree felony in Florida punishable by up to five years in state prison. 

If you or someone that you care about is facing a charge of carrying a concealed weapon or firearm in Florida, it is imperative that you retain an aggressive criminal defense attorney who is experienced in search and seizure issues.  Attorney Antonio D. Quinn, Esq. has extensive experience with search and seizure issues and has a proven record of obtaining the best results possible in every criminal case.  Call (954) 463-0440 for a free case evaluation today.