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.

What Florida law means by a concealed weapon

Section 790.001 defines “concealed weapon,” “concealed firearm” and “weapon.” Concealment concerns whether an item carried on or about a person is hidden from another person’s ordinary sight. The type of object, how it is carried, and the statutory exceptions matter; a common pocketknife or lawful self-defense device cannot simply be treated as any other weapon.

Since July 1, 2023, eligible adults may carry a concealed weapon or firearm without a Florida concealed-weapon license. Identification duties, eligibility restrictions and prohibited locations still apply. Lack of a license alone does not establish an offense under section 790.01.

Whether a firearm in a vehicle is unlawfully carried requires examining authorization, accessibility, secure encasement and applicable vehicle exceptions. A locked case may be a prudent transport choice, but a locked trunk is not a universal legal requirement. The transport precautions below are safety suggestions, not a complete statement of every lawful way to transport a firearm.

Open carry is a separate issue. Following McDaniels v. State in September 2025, Florida’s general open-carry ban was held unconstitutional. Other firearm restrictions remain. See our Florida gun-law page for current guidance and sources.

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