Jacksonville Criminal Lawyer Blog
While the Second Amendment clearly gives people the right to own and carry a firearm, there are restrictions of that right. In Florida, those restrictions can come with severe penalties if a person is in violation of the law. For instance, if a person has been convicted of a felony in the past, whether in Florida, in another state or in the federal system, that person may not carry or possess a firearm, If he/she is caught in possession of a firearm, he/she will likely face a felony charge that often results in prison time.
Another restriction for people who have no felony criminal record is that they may not carry a firearm that is concealed without a license. “Concealed” is defined as being hidden from the ordinary sight of another person. Normally, whether a firearm is concealed depends on the circumstances of the case and may ultimately be decided by a jury. The jury would obviously look at where the gun was found and how visible it was, but any evidence indicating that the defendant was acting suspiciously and trying to hide the gun would be considered as well. A defendant is more likely to be exonerated when the gun was fairly visible and not covered by anything and the defendant was not acting strange versus a situation where the gun was harder to see and it appeared the defendant was taking steps to try to hide it from the police officer.
Ultimately, these cases are often based on the testimony of the police officer and the defendant and whichever a jury believes. A carrying a concealed firearm charge is a third degree felony in Florida.