As the Rossen Law Firm, we understand the importance of staying informed about the latest developments in Florida’s firearm regulations. The recent signing of the permitless carry bill by Governor Ron DeSantis has generated a lot of questions and excitement among gun owners in South Florida, Palm Beach, Broward County, Fort Lauderdale, and Miami. In this in-depth article, we will explore the implications of the new permitless carry law and provide insights into the debate surrounding this legislation.
Permitless concealed carry laws have been reshaping the landscape of firearm regulations in the United States. These laws, often referred to as “constitutional carry” or “unrestricted carry,” allow individuals to carry concealed firearms without a permit or license. As a strong advocate for the Second Amendment, Florida has now joined the ranks of states embracing permitless concealed carry. Governor Ron DeSantis signed the bill into law on April 3, 2023, and will take effect on July 1, 2023. While this law is not retroactive, it does change how we, as criminal defense attorneys, move forward with our clients’ who were charged with unlawful possession of a firearm before the permitless concealed carry bill was signed into law.
Previously, residents across Florida, including those in South Florida; Palm Beach County, Broward County, and Miami-Dade County, were required to obtain a permit from the Department of Public Safety to legally carry a concealed weapon. This involved background checks, fingerprinting, and completing a firearms safety course. The new Permitless Concealed Carry law, taking effect on July 1, 2023, lifts these requirements for individuals over the age of 21 who are not otherwise prohibited from possessing a firearm. While permits are no longer necessary, Florida still requires background checks for gun purchases through federally licensed firearms dealers, but not for private sales and transfers.
Permitless concealed carry law has sparked debate across Florida. Supporters argue that these laws uphold the Second Amendment and allow law-abiding citizens to defend themselves without unnecessary government regulation. Opponents, on the other hand, argue that permitless concealed carry law can lead to more gun violence, as individuals who may not have undergone proper training or background checks can carry concealed firearms in public places.
As the discussion surrounding Florida’s permitless concealed carry law continues, it is crucial for citizens and lawmakers to find a balance between public safety and individual rights. Staying informed and educated about the law and its implications is essential for fostering a safer environment for all.
Florida is the 26th state in the United States to make permitless concealed carry legal. Other states that have adopted permitless concealed carry laws include Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
If you’re facing a concealed carry criminal case in South Florida, it’s vital to know that Florida’s new permitless concealed carry law is not retroactive. This means that the law doesn’t apply to past offenses, and individuals charged with carrying a concealed firearm without a permit before the law took effect may still face legal consequences. In such cases, hiring a knowledgeable and experienced local lawyer is crucial for protecting your rights and achieving the best possible outcome in your case.
When defending clients in concealed carry criminal cases in Florida, lawyers use various strategies to protect their clients’ rights and work towards the best possible outcome. Some of these strategies include:
Depositions involve interviewing witnesses and gathering statements under oath. This process can help lawyers gather information to challenge the prosecution’s case and uncover inconsistencies or weaknesses.
Lawyers may file motions to suppress evidence obtained in violation of the 4th, 5th, and 6th Amendments. This could include challenging illegal searches and seizures, violations of the right to remain silent, or inadequate legal representation. If the motion is successful, the evidence in question may be excluded from the case, potentially weakening the prosecution’s case.
A key component of a concealed carry case is proving that the defendant had actual or constructive possession of the firearm. By challenging this aspect of the case, lawyers can undermine the prosecution’s arguments and create reasonable doubt.
In Florida, carrying a concealed firearm without a valid permit is a crime, as defined under Florida Statute 790.01, until the official law changes on July 1, 2023. To convict a defendant of this crime, prosecutors must prove the following elements:
The defendant knowingly carried a firearm on or about their person. This means the defendant was aware they were carrying a firearm, either on their body or in an item such as a purse or backpack.
The firearm was concealed from the ordinary sight of another person. This element requires proof that the firearm was hidden from view and not visible to others in the defendant’s proximity.
The defendant had actual or constructive possession of the firearm. Actual possession occurs when the firearm is physically on the person, such as in a pocket or holster. Constructive possession occurs when the firearm is not physically on the person but within their control and knowledge, such as in a glove compartment or locked container.
By proving these elements, the prosecution can establish that the defendant committed the crime of carrying a concealed firearm in Florida. However, the expert lawyers at Rossen Law Firm can challenge these elements and develop a strong defense strategy, potentially leading to a dismissal or reduction of charges.
Under Florida’s new permitless concealed carry law, non-Florida residents over the age of 21 who are not otherwise prohibited from possessing a firearm can carry a concealed weapon without a permit. This expansion of rights means that individuals visiting or traveling through Florida can exercise their Second Amendment rights with greater freedom.
Previously, non-Florida residents with concealed carry permits from their home state relied on reciprocity agreements, in which Florida recognized permits issued by other states. However, with the introduction of permitless concealed carry, reciprocity agreements are no longer needed for non-residents to carry concealed firearms in Florida.
If you have questions or concerns about Florida’s new permitless carry law and its implications for current and past cases, don’t hesitate to contact our team at Rossen Law Firm. Schedule a confidential strategy session to discuss your specific legal needs, and let our dedicated team of attorneys fight for you and your rights.
Call Rossen Law Firm now at (754) 206-6200, or fill out our online contact form to schedule your strategy session. Trust a team of Board Certified Criminal Law Experts to help you navigate the complexities of Florida’s gun laws and secure the best possible outcome for your case.
Florida residents should follow these tips to ensure they safely and lawfully exercise their concealed carry rights in Florida:
Before visiting Florida, non-residents should research the state’s firearm laws, including the permitless concealed carry law and any local regulations that may apply in the areas they plan to visit.
To avoid legal issues, non-residents should research federal and state laws regarding the transportation of firearms across state lines and ensure they are in compliance with all applicable regulations.
Some locations, such as schools, government buildings, and establishments that serve alcohol, may have additional restrictions on carrying firearms. Non-residents should be aware of these restrictions and abide by them.
Non-residents should prioritize firearm safety, ensuring they handle their concealed firearms responsibly and store them securely when not in use.
Laws and regulations can change over time. Non-residents should stay informed about any changes to Florida’s concealed carry law that may impact their rights when visiting the state.
In conclusion, Florida’s permitless concealed carry law marks a new era for firearm rights in the state, extending the same rights to non-residents and making reciprocity agreements less relevant for those visiting Florida. By understanding the new law and exercising their rights responsibly, non-Florida residents can take full advantage of the freedoms afforded by the permitless concealed carry legislation.
As the landscape of firearm regulations continues to evolve, it is essential for non-residents to stay informed about any changes to the law and any local regulations that may apply in the areas they plan to visit. By doing so, they can ensure a safe and lawful experience while exercising their Second Amendment rights in Florida.
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