In Florida, carrying a concealed firearm without a license is a third-degree felony. Carrying a concealed weapon that is not a firearm is a misdemeanor. The difference matters, and so does where the weapon was found, how police encountered it, and whether any legal exception applies.
What Florida Law Actually Says
Florida Statute §790.01 draws a clear distinction between weapons. Carrying a concealed weapon — a knife, tear gas gun, chemical weapon, or similar item — without a license is a first-degree misdemeanor, punishable by up to one year in jail. Carrying a concealed firearm without a license is a third-degree felony, punishable by up to five years in prison. The type of weapon matters from the start.
What "Concealed" Means
Florida courts define concealed as hidden from the ordinary sight of another person. A weapon that is partially visible, openly worn, or plainly observable from a normal position generally does not meet the concealment standard. That issue has come up in cases where a firearm was tucked in a waistband in a way that was visible when the person moved, or kept in a bag that was open at the time of the encounter.
The Car Exception
Florida law allows a person to have a firearm in a private motor vehicle's glove compartment, center console, or other enclosed compartment without a concealed weapon license — as long as the firearm is securely encased or otherwise not readily accessible for immediate use. This is one of the most frequently misunderstood rules. If police claim the firearm was readily accessible — out in the open, in a holster, or within easy reach without being in an enclosed space — the exception may not apply.
Florida's Concealed Weapon License
Florida issues Concealed Weapon Licenses (CWL) through the Department of Agriculture. Requirements include being 21 or older, completing a firearms training course, passing a background check, and having no disqualifying convictions or mental health history. Someone who had a valid license but let it lapse, or who applied but was never approved, is in a different position than someone who never applied — and that context can sometimes affect how the case is handled.
Search and Stop Issues
Many concealed-weapon charges arise from traffic stops, pedestrian stops, or encounters where the weapon was discovered during a search. Whether that search was lawful matters. If the stop was made without reasonable suspicion, or the search exceeded what the law permits, the evidence of the weapon may be suppressible. A suppression motion can eliminate the state's entire case.
When Prior Convictions Change the Picture
If someone has a prior felony conviction, possessing a firearm at all is a separate and more serious offense under Florida Statute §790.23 — felon in possession of a firearm. That is a second-degree felony with up to 15 years in prison and carries a mandatory three-year minimum if the person was previously convicted of a violent felony. These charges are distinct from concealed-carry allegations and require separate analysis.
Why the Specific Facts Control the Case
Concealed-weapon charges can look simple from the outside — weapon found, charge filed. But the actual outcome often depends on precise details: where exactly the weapon was located, how visible it was, how the stop was conducted, whether any exception applies, and whether the search held up legally. Each of those issues is worth a careful look before accepting any resolution.
Charged with carrying a concealed weapon and not sure how serious it is?
Whether it's a misdemeanor or a felony depends on the type of weapon and specific facts of the encounter. Both are worth taking seriously — but the charge level makes a real difference.