Carrying a Concealed Weapon/Firearm

Miami Concealed Carry Attorney

Carrying a concealed weapon or firearm is one of the most common weapons offenses in Florida, and a conviction can have serious consequences. Eligible adults may carry concealed under Florida’s licensing or permitless-carry provisions, subject to applicable restrictions. If you have been charged with a concealed carry violation, an important step in protecting your rights is working with an experienced criminal defense attorney.

Valiente Law routinely defends clients against a wide range of weapons charges in Miami, Fort Lauderdale, West Palm Beach and throughout the state of Florida. Well-versed in the applicable weapons laws and concealed carry license requirements, our attorneys know how to defend you and will fight to protect your rights.

Call Us At 305.764.5460 For A FREE Consultation! 

Concealed carry under current Florida law

Since July 1, 2023, eligible adults may carry a concealed weapon or firearm without a Florida concealed-weapon license. A license remains available. Under section 790.01, the State must prove both lack of a license and ineligibility under the listed criteria for a charge under its concealed-carry provisions. Carrying without a license is not, by itself, proof of a crime.

A person relying on permitless concealed carry must carry valid identification and display it on an officer’s demand. Eligibility restrictions and prohibited-place rules still apply. The general age requirement is 21, with statutory military exceptions; citizenship or permanent-resident status and other disqualifying conditions must also be reviewed.

Section 790.001 defines concealed weapons and concealed firearms. Whether an item is a weapon, whether it was concealed from ordinary sight, and whether it was carried on or about the person depend on the statutory definitions and facts. For a person who does not meet the authorization criteria, unlawful concealed carrying of a weapon can be a first-degree misdemeanor; unlawful concealed carrying of a firearm can be a third-degree felony. Statutory exceptions may apply.

Places and conduct that remain restricted

Permitless carry does not authorize possession everywhere. Section 790.06(12) restricts carrying in specified places, including police stations, detention facilities, courthouses, courtrooms, certain government meetings, and specified school and college settings, subject to the statute’s exceptions. Federal restrictions and private-property rights may also apply. Purchase, possession, concealed carry and open carry are separate legal questions.

In September 2025, McDaniels v. State held Florida’s general open-carry ban unconstitutional. Official enforcement guidance explains that other possession, location and improper-display restrictions remain. The printed text of section 790.053 should not be treated as a universally enforceable general ban.

Defenses to a concealed-carry charge

We examine licensing or permitless-carry eligibility, whether the item and manner of carrying meet the statutory definitions, the legality of the search, and any applicable self-defense-device, vehicle, evacuation or other exception. A firearm in a vehicle is not automatically unlawful; secure encasement and lawful-possession rules require a fact-specific analysis.

Miami Concealed Weapons Attorney

While Floridians have the right to own and carry firearms, a conviction for a concealed carry violation can result in the fines and imprisonment. This is why you need the bold and aggressive legal representation Valiente Law is known for providing.

We will use our legal knowledge and trial experience to build the best line of defense. Although our objective is to either have the charges dismissed or to win an acquittal, we will be upfront about your chances of success and advise you of all your options. Nonetheless, our team has a proven track record of success, and our prior experience working as public defenders gives us unique insight into the tactics that prosecutors use in trying cases.

We also know that dealing with the criminal justice system is confusing and complicated, and we will take the time to fully explain how the process works. Above all, we will always put your best interests first and work diligently to protect your rights and preserve your freedom.

Call our office today at 305.764.5460 or complete the online contact form to set up a consultation. 

Featured Testimonial

Miami Concealed Weapon Defense Review

Mr. Valiente was great. He handled our criminal case better than we could have expected. He is professional, and we never had any problems. He always consulted with us and let us know what was going on.

Doug K.

Miami Concealed Weapon Defense Attorney

5/5