Firearms & Weapons

As defined in Section 790.01(2), Florida Statutes “a person who carries a concealed firearm on or about his person commits a felony of the third degree. “If you are charged with this felony the penalty could be 5 years of imprisonment or a fine of $5000 and 5 years of probation.

The Law Office of Matthew Glassman, P.A. can take advantage of multiple legal defenses in an attempt to get your weapons charge case dismissed or your penalties minimized.

The Florida Department of Agriculture and Consumer Services allows Florida residents to obtain a conceal and carry license to carry a concealed firearm. According to the concealed carry in Florida law, this may include a range of firearms, if they are concealed from others. In the state of Florida, you are legally allowed to conceal firearms such as handguns, electronic weapons or devices and tear gas guns.

As Florida is a conceal and carry state, this gives you the right to hide your firearm from others. However, responsible gun owners who did nothing wrong end up getting prosecuted for offenses involving a concealed firearms all too often.

The legal defenses that may be pursued in your firearms and weapons case are as follows:

• The weapon was discovered in an illegal search (without a warrant). As defined in The Fourth Amendment“protect citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.”
• Being placed under arrest as a result of police misconduct.
• Your weapon does not meet the characteristics of a generally prohibited weapon.
• You were unaware that your weapon falls under the category of a generally prohibited weapon.
• You have a valid permit to carry the weapon or firearm that was in your possession.