Florida may be a gun-friendly state, but carrying a concealed firearm without a valid license can still land you in jail — even if you didn’t intend to use it.
Whether you’re pulled over during a traffic stop in Fort Lauderdale or approached by police in public, illegally carrying a concealed weapon is a serious misdemeanor or felony, depending on the facts.
Here’s what to know — and how to fight the charge.
⚖️ Florida Law on Concealed Carry
Under Florida Statute § 790.01, it’s illegal to carry a concealed firearm on your person or in your vehicle unless:
You have a valid concealed weapon license (CWL), or
You qualify under a lawful exception (e.g., securely encased in your vehicle)
A concealed firearm means any handgun or other firearm that’s hidden from ordinary sight — whether under your clothes, in a bag, or tucked into a car compartment.
🟡 Misdemeanor vs. Felony Concealed Carry Charges
| Circumstance | Charge | Penalty |
|---|---|---|
| First-time offense without aggravating factors | 1st-degree misdemeanor | Up to 1 year in jail + $1,000 fine |
| Prior offenses or aggravating circumstances | 3rd-degree felony | Up to 5 years in prison + $5,000 fine |
| Possession by a convicted felon | 2nd-degree felony | Up to 15 years in prison |
Factors that escalate charges include:
Carrying the gun in a restricted area (e.g., school, airport)
Having prior convictions
Failing to disclose to police when required
🚗 Concealed Firearm in a Vehicle: Is It Illegal?
Florida law does allow you to carry a firearm in your car without a permit if:
The firearm is securely encased (glove box, snapped holster, zippered case), and
It is not readily accessible for immediate use
If the firearm is tucked between your seat and center console — or just under the seat — you could be arrested for unlawful concealed carry.
🛡️ Legal Defenses to Carrying a Concealed Firearm
An experienced criminal defense lawyer can fight the charge by arguing:
Lawful transportation exception applies (secure encasement)
Lack of concealment (gun was visible or openly carried where allowed)
No actual possession (gun belonged to someone else in the vehicle)
📍 Arrested in Fort Lauderdale? Don’t Wait to Call a Lawyer.
South Florida law enforcement agencies — including BSO, FHP, and local PDs — regularly charge people with concealed firearm violations after stops or street encounters.
A conviction can harm your right to own weapons, your ability to get a job, and your future.
At Michael White, P.A., we fight to protect your Second Amendment rights and your record.
📞 Call now for a free consultation.
🙋♂️ Frequently Asked Questions
❓ Can I carry a gun in my car in Florida without a permit?
Yes — if it’s securely encased and not immediately accessible.
❓ What counts as a “concealed” firearm?
Any firearm hidden from ordinary sight — under clothing, in a purse, or in a compartment.
❓ Is carrying a concealed firearm a felony in Florida?
It can be — especially for repeat offenders or those in prohibited locations.
❓ What happens if I’m a convicted felon with a firearm?
That’s a second-degree felony punishable by up to 15 years in prison.
❓ Can I get the charge dropped or sealed?
Possibly — especially if it’s a first offense and your rights were violated during the stop or search.