Weapons Charges Can Threaten Your 2nd Amendment Rights
If you have been charged with carrying a concealed weapon or carrying a concealed firearm, you are facing a very serious criminal charge with substantial penalties and possible jail or prison time if you are convicted.
Generally, it is a crime in Florida to carry a firearm unless you have a permit to carry a concealed weapon. In most circumstances, you should not be charged with a firearm offense if you are properly licensed. There are many defenses to a carrying a concealed weapon or carrying a concealed firearm charge because, in many cases, police officers lack proper training and make arrests when someone has done nothing wrong.
If you have been charged with a firearms offense, immediately contact me, former prosecutor Justin Caldarone of The Caldarone Law Group, P.A., for a free consultation to protect your liberty and good name. Call 239-244-3242 or contact me online to speak with a skilled criminal defense attorney.
Carrying Concealed Weapons
To prove the crime of [carrying a concealed firearm or weapon], the State Attorney must prove the following two elements beyond a reasonable doubt:
- The person charged knowingly carried on or about his/her person [weapon].
- The [weapon] was concealed from the ordinary sight of another person.
Fla. Stat. § 790.01
Improper Exhibition Of Weapon
To prove the crime of Improper Exhibition of a Weapon, the State Attorney must prove the following three elements beyond a reasonable doubt:
- The person charged had or carried [a weapon].
- The person charged exhibited [a weapon] in a rude, careless, angry, or threatening manner.
- He or she did so in the presence of one or more persons.
Fla. Stat. § 790.10
Shooting Or Throwing Missiles In Dwelling
To prove the crime of Shooting or Throwing Missiles in a Dwelling, the State Attorney must prove the following three elements beyond a reasonable doubt:
- The person charged:
- Shot a firearm
- Threw a missile
- Hurled or projected a stone or other hard substance that would produce death or great bodily harm
- He or she did so [at] [within] [into]:
- A public or private building, occupied or unoccupied
- A public or private bus
- A train, locomotive, railway car, caboose, cable, railway car, street railway car, monorail car, or vehicle of any kind that was being used or occupied by any person
- A boat, vessel, ship, or barge lying in or plying the waters of this state
- An aircraft flying through the air space of this state
- The act was done wantonly or maliciously.
“Wantonly” means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.
“Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.
Fla. Stat. § 790.19
Felons Possessing Firearms
To prove the crime of Felons Possessing Firearms, the State Attorney must prove the following two elements beyond a reasonable doubt:
- The person charged has been convicted of [a prior offense].
- After the conviction the person charged knowingly:
- [owned] [had in his/her care, custody, possession or control]
- [a firearm]
- [n electronic weapon or device]
- [carried a (weapon alleged), which was concealed from the ordinary sight of another person].
“Care” and “custody” mean immediate charge and control exercised by a person over the named object. The terms care, custody, and control may be used interchangeably.
To “possess” means to have personal charge of or exercise the right of ownership, management or control over the thing possessed.
Possession may be actual or constructive. If a thing is in the hand of or on the person, or in a bag or container in the hand of or on the person, or is so close as to be within ready reach and is under the control of the person, it is in the actual possession of that person.
If a thing is in a place over which the person has control or in which the person has hidden or concealed it, it is in the constructive possession of that person.
Possession may be joint, that is, two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.
If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed.
If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed.
Fla. Stat. § 790.23