Carrying a Concealed Firearm Without a License Defense Lawyer
Daytona Beach Carrying a Concealed Firearm Attorney
Retired Homicide Detective. Former Police Officer. Trial Lawyer.
Being arrested for carrying a concealed firearm without a license can have serious consequences under Florida law.
Although Florida has adopted constitutional carry legislation, many people mistakenly believe they may carry a concealed firearm anywhere, under any circumstance, without restrictions.
That is simply not true.
Florida’s firearm laws remain complex.
Whether a person lawfully possessed or carried a firearm often depends upon numerous factors, including:
- Where the firearm was located.
- How it was carried.
- Whether it was readily accessible.
- Whether the individual was legally prohibited from possessing a firearm.
- Whether another criminal offense was allegedly committed.
- Whether law enforcement conducted a lawful search.
A misunderstanding of Florida’s firearm laws can quickly result in a criminal arrest.
Just as important, police officers occasionally misunderstand or misapply those laws during roadside encounters and criminal investigations.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with firearm and weapons offenses throughout Daytona Beach, Volusia County, Flagler County, and throughout Central Florida.
Before becoming a criminal defense lawyer, Patrick J. McGeehan served as a police officer, traffic homicide investigator, homicide detective, and police instructor. He understands how firearm investigations are conducted because he personally investigated criminal cases involving firearms before entering private practice.
Today, he applies that experience to identifying weaknesses in the State’s evidence and protecting the constitutional rights of his clients.
Quick Facts
Common Charge
Carrying a Concealed Firearm
Potential Consequences
Depending upon the allegations, penalties may include:
- Arrest
- Criminal prosecution
- Jail or prison
- Probation
- Criminal fines
- Permanent criminal record
- Loss of firearm rights in certain situations
Common Defenses
- Firearm was lawfully possessed
- Firearm was not concealed
- Illegal search
- Illegal detention
- Lack of knowledge
- Firearm was securely encased
- Constitutional violations
- Insufficient evidence
What Does “Concealed Firearm” Mean?
One of the biggest misconceptions surrounding Florida firearm law is the meaning of the word “concealed.”
Many people believe that if a firearm is simply covered by clothing, a backpack, or located inside a vehicle, it automatically becomes an illegal concealed firearm.
The law is considerably more complicated.
Whether a firearm is legally considered concealed often depends upon the surrounding facts and the applicable Florida statutes.
Questions frequently include:
- Was the firearm visible?
- Was it securely encased?
- Was it inside a vehicle?
- Was it immediately accessible?
- Was it intentionally hidden?
- Was the individual otherwise lawfully entitled to possess the firearm?
These factual issues frequently become important during criminal prosecutions.
Florida’s Constitutional Carry Law
Florida law changed significantly with the adoption of constitutional carry.
Many individuals may now lawfully carry a concealed firearm without first obtaining a concealed weapon license, provided they satisfy the statutory requirements.
However, constitutional carry does not eliminate all firearm restrictions.
Numerous limitations remain.
Certain individuals remain prohibited from possessing firearms.
Certain locations remain off limits.
Additional criminal charges may apply when firearms are possessed during the commission of other offenses.
Simply hearing that Florida is now a constitutional carry state does not answer whether carrying a particular firearm under a particular set of facts was lawful.
Every case must be analyzed individually.
What Prosecutors Must Prove
Every criminal prosecution begins with one fundamental rule.
The burden of proof belongs entirely to the State.
The defendant has no obligation to prove innocence.
Instead, prosecutors must prove every required element beyond a reasonable doubt.
Depending upon the facts of the case, prosecutors may be required to establish issues such as:
- The object recovered legally qualified as a firearm.
- The firearm was concealed.
- The defendant knowingly carried the firearm.
- The possession or carrying violated Florida law.
- The investigation complied with constitutional requirements.
If prosecutors cannot establish every required element, they cannot obtain a lawful conviction.
Traffic Stops Frequently Lead to Firearm Charges
Many concealed firearm arrests begin with an ordinary traffic stop.
An officer may stop a vehicle for:
- Speeding
- Running a stop sign
- Expired registration
- Equipment violations
- Reckless driving
- Another traffic offense
During the stop, officers may observe a firearm or receive information suggesting that a firearm is present inside the vehicle.
At that point, the investigation often expands beyond the original reason for the traffic stop.
Whether that expansion was lawful frequently becomes an important legal issue.
Questions often include:
- Did officers have reasonable suspicion?
- Was consent requested?
- Was consent voluntary?
- Did police lawfully search the vehicle?
- Was the firearm discovered during a constitutional search?
The answers to these questions frequently determine whether critical evidence may ultimately be used in court.
Constitutional Rights Still Apply
Firearm investigations are still criminal investigations.
The Fourth Amendment protects individuals from unreasonable searches and seizures.
The Fifth Amendment protects against compelled self-incrimination.
Those constitutional protections do not disappear simply because police suspect a firearm offense.
An experienced criminal defense lawyer should carefully examine:
- The legality of the traffic stop.
- The duration of the detention.
- Any consent to search.
- Statements made by the accused.
- Body camera recordings.
- Dash camera recordings.
- Search warrants, if applicable.
In some cases, constitutional violations may result in important evidence being suppressed.
When that occurs, the prosecution’s case may become substantially weaker.
Why These Cases Are Often More Complicated Than They Appear
Police reports frequently summarize firearm investigations in only a few paragraphs.
The complete story is often much more complicated.
For example:
- Was the firearm actually concealed?
- Was it legally secured?
- Did another person own the firearm?
- Was the firearm lawfully transported?
- Did officers misunderstand Florida’s constitutional carry law?
- Was the firearm discovered during an unlawful search?
The answers to those questions frequently determine whether criminal charges can ultimately be proven.
For that reason, every firearm case deserves an independent review by an experienced criminal defense lawyer rather than assumptions based solely upon the arrest report.
Firearms Inside Motor Vehicles
Many arrests for carrying a concealed firearm begin during an ordinary traffic stop.
An officer may stop a vehicle for speeding, a broken taillight, an expired registration, or another routine traffic violation. During the encounter, the officer may notice a firearm or ask whether any weapons are inside the vehicle.
At that point, what began as a traffic stop can quickly become a criminal investigation.
Although Florida law permits many individuals to lawfully possess firearms in their vehicles, not every firearm found inside a car results in criminal liability. Whether a firearm was lawfully possessed depends upon the specific facts, including where it was located, how it was stored, and whether the individual was otherwise prohibited from possessing a firearm.
Firearms are commonly discovered:
- Inside a glove compartment
- Inside the center console
- Under the driver’s seat
- Beneath a passenger seat
- Inside a backpack
- In the trunk
- Inside a locked container
Each situation presents different legal issues that should be carefully evaluated.
The location of the firearm is only one piece of the analysis.
Police Do Not Automatically Have the Right to Search Your Vehicle
One of the biggest misconceptions is that police may search any vehicle simply because they believe a firearm is present.
The United States Constitution and the Florida Constitution continue to protect individuals from unreasonable searches and seizures.
The existence of a firearm does not automatically eliminate those protections.
Questions that frequently arise include:
- Why was the vehicle stopped?
- Was the traffic stop lawful?
- Did officers unlawfully prolong the detention?
- Did the driver voluntarily consent to a search?
- Did officers rely upon another recognized exception to the warrant requirement?
- Did officers remain within the lawful scope of the search?
These constitutional issues frequently determine whether the firearm may ultimately be admitted into evidence.
Consent Searches
Many firearm cases involve consent.
An officer may ask:
“Do you mind if I take a look inside your vehicle?”
Some individuals agree without realizing the legal consequences of that decision.
Others believe they have no choice.
Whether consent was actually voluntary frequently becomes an important issue in criminal litigation.
Courts often examine:
- The words used by the officer
- The circumstances surrounding the request
- Whether the individual understood the request
- Whether consent was withdrawn
- Whether officers exceeded the scope of the consent that was given
These issues often become the subject of motions to suppress evidence before trial.
Statements Made During the Investigation
Another significant issue involves statements made during police encounters.
Officers routinely ask questions such as:
- “Whose gun is this?”
- “Do you have a permit?”
- “Did you know the firearm was there?”
- “Is there anything else inside the vehicle I should know about?”
The answers to those questions may later become evidence in court.
Sometimes individuals attempt to be cooperative.
Sometimes they speculate.
Sometimes they answer without fully understanding the legal consequences.
An experienced criminal defense attorney should carefully review every statement attributed to the accused and compare those statements with body camera recordings, dash camera footage, and witness testimony.
Body Camera Evidence Can Be Critical
Modern firearm investigations are frequently recorded by body-worn cameras.
Those recordings often provide a much more complete picture than a brief arrest report.
Video evidence may answer important questions, including:
- Where exactly was the firearm located?
- What did officers actually observe?
- Were Miranda warnings required?
- Did the defendant make any admissions?
- Did another occupant claim ownership?
- Was consent requested before the search?
- Did officers accurately describe the encounter?
Occasionally, body camera footage contradicts portions of the written police report.
For that reason, experienced criminal defense attorneys routinely obtain and review all available recordings before making strategic decisions about the case.
Common Defenses in Concealed Firearm Cases
No two firearm cases are identical.
Every defense begins with a careful review of the facts and the applicable law.
Depending upon the circumstances, defenses may include:
The Search Was Unlawful
If police violated constitutional protections while obtaining the firearm, the defense may seek suppression of the evidence.
The Firearm Was Not Concealed
Whether a firearm was actually concealed frequently becomes a disputed factual issue.
Lack of Knowledge
The prosecution generally must prove knowing possession.
A firearm discovered inside a shared vehicle or residence does not automatically establish that every occupant knew it was present.
Another Person Possessed the Firearm
Ownership and possession are not always the same.
In vehicles containing multiple occupants, prosecutors often face difficult questions regarding who actually possessed the firearm.
Insufficient Evidence
The burden of proof always remains with the State.
If prosecutors cannot establish every required element beyond a reasonable doubt, a conviction cannot lawfully stand.
Every Firearm Investigation Should Be Independently Evaluated
An arrest is not a conviction.
Police officers make decisions based upon the information available to them at the time.
That information is not always complete.
An independent review may uncover:
- Witnesses who were never interviewed
- Video that was never obtained
- Constitutional violations
- Inconsistent statements
- Weak forensic evidence
- Alternative explanations supported by the evidence
The purpose of the defense is not simply to criticize the investigation.
It is to determine whether the State can actually prove the charge beyond a reasonable doubt using admissible evidence.
That determination should be made only after a thorough review of the facts, the law, and the constitutional issues presented by the case.
How These Cases Are Really Defended
Every criminal case is different.
An experienced criminal defense lawyer should never assume that every firearm case requires the same strategy.
The most effective defense depends upon the evidence, the constitutional issues, the witnesses, and the prosecution’s ability to prove every element of the offense beyond a reasonable doubt.
Some cases are resolved through negotiations.
Others require aggressive pretrial litigation.
Some proceed to trial.
Before deciding on the best strategy, an experienced attorney should thoroughly review every available piece of evidence, including:
- The arrest report
- Supplemental police reports
- Body-worn camera recordings
- Dash camera video
- Dispatch recordings
- Witness statements
- Crime scene photographs
- Search warrants
- Laboratory reports
- Firearm examinations
- Fingerprint and DNA evidence, when available
Only after reviewing the complete investigation can an informed decision be made regarding the strongest defense.
Pretrial Motions Can Change the Entire Case
Many firearm prosecutions are won or lost long before a jury is selected.
If police violated the Constitution while investigating the case, important evidence may be excluded from trial.
Common pretrial issues include:
- Illegal traffic stops
- Unlawful vehicle searches
- Invalid search warrants
- Warrantless searches of homes
- Improper detention
- Statements obtained in violation of constitutional rights
- Unlawfully seized evidence
A successful Motion to Suppress may prevent prosecutors from introducing critical evidence.
Without that evidence, the State’s case may be substantially weakened.
In some situations, suppression of key evidence results in a reduction or dismissal of the charges.
Constructive Possession Cases Often Turn on Small Details
Constructive possession cases are rarely as straightforward as they first appear.
Jurors often hear that a firearm was discovered inside a vehicle or residence.
The more important question is whether prosecutors can prove the defendant knowingly exercised dominion and control over that firearm.
Small facts frequently become significant.
For example:
- Who owned the vehicle?
- Who had the keys?
- Who occupied the residence?
- Was the firearm in plain view?
- Were personal belongings located near the firearm?
- Did another individual admit ownership?
- Were fingerprints or DNA collected?
- Did officers thoroughly investigate alternative suspects?
A careful review of these details frequently reveals weaknesses that are not obvious from the arrest report alone.
Credibility Often Determines the Outcome
Firearm prosecutions frequently depend upon witness credibility.
Police officers testify about what they observed.
Civilian witnesses describe what they saw or heard.
The defendant’s statements may also become evidence.
An experienced trial lawyer carefully compares every statement made during the investigation.
Questions often include:
- Do witness statements remain consistent?
- Does body camera footage support the officer’s report?
- Are there contradictions between witnesses?
- Were important facts omitted from the police report?
- Does the physical evidence support the testimony?
Jurors are instructed to evaluate credibility.
Inconsistencies and omissions may affect how they evaluate the evidence presented at trial.
Trial Preparation Begins Long Before Trial
Many people believe trial preparation begins a few days before court.
In reality, effective trial preparation begins shortly after the attorney is retained.
That preparation often includes:
- Reviewing all discovery
- Identifying constitutional issues
- Interviewing witnesses
- Visiting the scene when appropriate
- Researching applicable law
- Consulting experts when necessary
- Preparing cross-examination
- Evaluating potential defenses
- Anticipating the prosecution’s arguments
Careful preparation frequently places the defense in a stronger position whether the case is resolved through negotiation or presented to a jury.
Plea Negotiations Should Be Based on the Evidence
Not every case should proceed to trial.
Likewise, not every case should be resolved through a plea agreement.
The appropriate course depends upon the strength of the evidence, the applicable law, the client’s objectives, and the potential consequences of conviction.
An experienced criminal defense lawyer should be prepared for both possibilities.
Meaningful plea negotiations often occur only after the prosecution understands that the defense has thoroughly investigated the case and is fully prepared to litigate it if necessary.
Why Investigative Experience Matters
Many criminal defense attorneys learn police investigations by reading reports.
Patrick J. McGeehan learned them by conducting them.
Before becoming a lawyer, he served as:
- Police Officer
- Police Instructor
- Traffic Homicide Investigator
- Homicide Detective
That experience provides insight into:
- How probable cause is developed
- How search warrants are obtained
- How evidence is collected
- How interviews are conducted
- How investigations sometimes go wrong
Today, that experience allows him to evaluate firearm investigations from a perspective shared by relatively few criminal defense attorneys.
Every investigation should be tested.
Every assumption should be questioned.
Every constitutional protection should be enforced.
The Importance of Acting Quickly
Waiting weeks or months before consulting a criminal defense lawyer may reduce opportunities to preserve important evidence.
Surveillance video may be erased.
Witnesses may become difficult to locate.
Memories fade.
Documents disappear.
Prompt legal representation allows the defense to begin preserving evidence, requesting discovery, identifying witnesses, and evaluating constitutional issues while the investigation remains fresh.
Early action often provides advantages that cannot be recreated later in the case.
Every Firearm Charge Deserves a Thorough Defense
A firearm charge should never be viewed as routine.
Even when the evidence appears strong, careful legal analysis frequently uncovers issues that deserve further investigation.
Whether the defense involves challenging possession, suppressing unlawfully obtained evidence, disputing witness credibility, or presenting the facts to a jury, every case deserves individualized attention.
No attorney should promise a particular outcome.
What an experienced criminal defense lawyer can promise is a thorough investigation, honest advice, careful preparation, and a commitment to protecting the client’s constitutional rights throughout every stage of the criminal process.
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