What Makes Something A “Concealed Weapon?”

  • Apr 22 2019

As someone who is passionate about shooting sports, there is nobody in the Miami area who understands Florida’s concealed carry law better than Attorney Antonio Valiente. He appreciates how important it is to respect the rights of gun owners, even as the public has become more skeptical of such rights.

When one of his clients is charged with the unlicensed carrying of concealed weapons or concealed firearms, or any other weapons charge, Attorney Valiente carefully evaluates the facts of the case to determine if the charge was appropriate.

The words “concealed” and “weapon” are not defined in the statute, so the courts look at the facts in a particular case to determine if something is a weapon, and whether it was concealed.

Handguns, electronic weapons (like stun guns or darts), tear gas gus, knives, and billies are generally considered weapons that cannot be concealed under Florida Statutes Title XLVI, Chapter 790, §790.001. However, any item someone intends to use as a weapon could be called a weapon. For example, if you are walking around with piece of broken glass in your pocket that you intend to use to harm someone, that could be considered a weapon.

Whether a weapon or firearm is “concealed” depends on whether it is accessible to the owner or user, but otherwise hidden from the ordinary sight of another person. A weapon or firearm may be concealed in a person’s pocket, purse, or bag, under clothing, under the seat of a car, or in a holster that is hidden from another person’s view. If you are stopped by police, and your weapon is not in your hand or laying on the car seat next to you, both of which are horrible ideas for other reasons, the cops are going to argue it was concealed.

Attorney Valiente frequently represents people who are cited for the unlicensed carrying of a concealed weapon after a gun is found in their car during a routine traffic stop. He has had success having these charges dismissed or reduced, but there is so much misinformation out there about carrying a gun in your vehicle that he wants to provide some tips for people who need to transport a weapon.

The best way to ensure that you do not run into trouble with law enforcement is to travel with your gun in a locked case in the trunk of your vehicle. If you don’t have a trunk, place the weapon in a locked case in the glove compartment. You want to be able to demonstrate that the gun was not accessible to you or your passengers, so having it locked up in a proper case is important.

He also recommends locking up any ammunition in a separate case. Keeping the gun and ammunition separate demonstrates that you have no intention of doing anything with your weapon besides transporting it from one place to another.

If you have been charged with  the unlicensed carrying of concealed weapons or concealed firearms, and you want to work with a defense attorney who truly understands and appreciates gun rights, please contact Attorney Antonio Valiente for a free initial consultation.

Posted in: Gun Laws