Constitutional Carry in Florida
Daytona Beach Constitutional Carry Lawyer
Retired Homicide Detective. Former Police Officer. Trial Lawyer.
Florida’s adoption of constitutional carry generated widespread attention throughout the state.
Many people immediately believed that Florida no longer had restrictions on carrying firearms.
That is not correct.
Although Florida law now allows many individuals to carry a concealed firearm without first obtaining a concealed weapon license, constitutional carry did not eliminate Florida’s firearm laws.
Individuals may still be arrested for violating numerous firearm statutes.
Criminal charges frequently arise because people misunderstand:
- Who may legally carry a firearm.
- Where firearms may legally be carried.
- How firearms may be transported.
- Who remains prohibited from possessing firearms.
- When displaying a firearm becomes a criminal offense.
Simply hearing that Florida is a constitutional carry state does not answer whether a particular person’s conduct was lawful.
Every case depends upon the facts.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with firearm 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, DUI investigator, traffic homicide investigator, police instructor, and retired homicide detective.
He investigated firearm offenses long before entering private practice.
Today, he applies that investigative experience to identifying weaknesses in the prosecution’s case and protecting the constitutional rights of his clients.
Quick Facts
Constitutional Carry Generally Means
Many qualified individuals may lawfully carry a concealed firearm without obtaining a concealed weapon license.
Constitutional Carry Does NOT Mean
- Anyone may possess a firearm.
- Firearms may be carried everywhere.
- Every firearm offense has been eliminated.
- Police may not investigate firearm violations.
- Criminal charges cannot be filed.
Common Firearm Charges After Constitutional Carry
- Carrying a Concealed Firearm by a Prohibited Person
- Felon in Possession of a Firearm
- Improper Exhibition of a Firearm
- Aggravated Assault with a Firearm
- Firearms on School Property
- Possession of a Firearm During the Commission of a Felony
What Is Constitutional Carry?
Florida’s constitutional carry law allows many individuals who are legally eligible to possess firearms to carry a concealed firearm without first obtaining a concealed weapon license.
For many lawful firearm owners, the licensing requirement changed.
However, numerous other firearm laws did not.
The law did not eliminate:
- Criminal penalties for prohibited possessors.
- Restrictions on carrying firearms in prohibited locations.
- Laws governing the unlawful display or use of firearms.
- Criminal investigations involving firearms.
As a result, many individuals continue to face firearm charges even after constitutional carry became law.
Who May Lawfully Carry?
One of the most common misconceptions is that constitutional carry applies to everyone.
It does not.
Whether an individual may lawfully carry a concealed firearm depends upon numerous factors, including whether that person is legally eligible to possess a firearm under Florida and federal law.
Individuals who are prohibited from possessing firearms may still face serious criminal charges if they carry or possess a firearm.
For that reason, eligibility should never be assumed.
Constitutional Carry Does Not Eliminate Criminal Liability
Many firearm prosecutions continue to occur despite constitutional carry.
Examples include allegations involving:
- Possession by prohibited persons.
- Firearms discovered during traffic stops.
- Firearms possessed during other felony offenses.
- Firearms displayed during confrontations.
- Firearms discovered during search warrants.
- Firearms possessed in prohibited locations.
Each of these cases requires an independent legal analysis.
Constitutional carry is not a defense to every firearm prosecution.
What Must the State Prove?
The prosecution bears the burden of proof in every criminal case.
The defendant is presumed innocent.
When firearm charges are filed, prosecutors must still establish every required legal element beyond a reasonable doubt.
Important questions frequently include:
- Was the defendant legally eligible to possess a firearm?
- Was the firearm lawfully carried?
- Did officers lawfully discover the firearm?
- Was the search constitutional?
- Was another criminal offense involved?
- Does the evidence actually support the allegations?
Failure to establish any required element may prevent a lawful conviction.
Constitutional Rights Still Apply
Even after constitutional carry, firearm investigations remain subject to the United States Constitution.
Important constitutional questions frequently include:
- Was the traffic stop lawful?
- Was the detention unlawfully extended?
- Was the search constitutional?
- Was consent voluntarily given?
- Did officers lawfully seize the firearm?
An experienced criminal defense attorney should carefully review every aspect of the investigation before determining whether the prosecution can lawfully proceed.
Why These Cases Require Careful Investigation
Constitutional carry simplified one aspect of Florida firearm law.
It did not simplify criminal investigations.
Firearm cases continue to involve:
- Search and seizure issues.
- Vehicle searches.
- Constructive possession.
- Witness credibility.
- Body camera recordings.
- Surveillance video.
- Constitutional defenses.
Every investigation should be independently reviewed before conclusions are reached.
An arrest does not automatically establish criminal liability.
The prosecution must still prove its case beyond a reasonable doubt.
Constitutional Carry Does Not Eliminate Police Investigations
One of the most common misunderstandings about constitutional carry is that police officers can no longer investigate firearm-related offenses.
That is not correct.
Law enforcement officers continue to investigate alleged violations of Florida’s firearm laws every day.
During a traffic stop, an officer may observe a firearm in plain view.
A witness may report that someone displayed a firearm during an argument.
Police may recover a firearm while executing a search warrant.
A firearm may be discovered during the investigation of another criminal offense.
Constitutional carry does not prevent officers from investigating these situations.
Instead, officers must determine whether the possession, carrying, or use of the firearm complied with Florida law.
Traffic Stops Frequently Lead to Firearm Investigations
Many firearm cases begin with an ordinary traffic stop.
The initial reason for the stop often has nothing to do with firearms.
Examples include:
- Speeding
- Running a stop sign
- Expired registration
- Equipment violations
- Careless driving
During the stop, officers may observe a firearm or learn that one is inside the vehicle.
At that point, the encounter often expands into a firearm investigation.
Important legal questions frequently include:
- Was the traffic stop lawful?
- Did officers have reasonable suspicion to continue the detention?
- Was the firearm lawfully possessed?
- Was the vehicle searched lawfully?
- Was consent requested?
- Was consent voluntary?
These constitutional issues frequently determine whether evidence may ultimately be used in court.
Constitutional Carry Does Not Permit Carrying Everywhere
Another common misunderstanding is that constitutional carry allows a firearm to be carried into any location.
Florida law continues to restrict firearms in certain places.
Depending upon the circumstances, carrying a firearm into a prohibited location may result in criminal charges despite the existence of constitutional carry.
Every firearm investigation should therefore begin by determining:
- Where the firearm was located.
- Why the individual was there.
- Whether the location was legally restricted.
- Whether another statute governs that location.
The existence of constitutional carry does not eliminate these questions.
Prohibited Persons May Still Face Serious Charges
Constitutional carry applies only to individuals who are otherwise legally permitted to possess firearms.
It does not restore firearm rights that have been lost because of criminal convictions or other legal disabilities.
As a result, firearm prosecutions continue to involve allegations such as:
- Possession of a firearm by a convicted felon.
- Possession of ammunition by prohibited persons.
- Firearm possession while otherwise prohibited under state or federal law.
The first question in many firearm investigations is whether the individual was legally entitled to possess the firearm at all.
Vehicle Searches Frequently Become the Central Issue
Many constitutional carry cases involve searches of motor vehicles.
An officer may ask for consent to search.
Another officer may claim the firearm was visible.
A passenger may make statements regarding ownership.
Whether officers lawfully discovered the firearm frequently becomes one of the most important issues in the case.
Important questions include:
- Was the search supported by probable cause?
- Did the driver voluntarily consent?
- Was the search limited to the scope of the consent?
- Did another recognized exception to the warrant requirement apply?
These constitutional questions often determine whether the firearm may be introduced into evidence.
Body Camera Recordings Frequently Tell the Complete Story
Modern firearm investigations are often documented through body-worn cameras.
Those recordings frequently answer questions that cannot be answered by the arrest report alone.
Video may establish:
- Where the firearm was located.
- What officers observed before the search.
- Whether consent was requested.
- Whether consent was voluntary.
- Statements made by the occupants.
- Whether another person claimed ownership.
- The sequence of events during the investigation.
Occasionally, body camera recordings contradict important portions of the written police report.
For that reason, experienced criminal defense attorneys routinely obtain and review every available recording before determining the best defense strategy.
Common Police Mistakes
Although most firearm investigations are conducted professionally, mistakes sometimes occur.
Examples include:
- Misunderstanding the current constitutional carry law.
- Assuming every concealed firearm is unlawful.
- Failing to determine whether an individual is legally eligible to possess a firearm.
- Conducting an unlawful vehicle search.
- Extending a traffic stop without legal justification.
- Failing to investigate alternative explanations.
- Misidentifying the owner of a firearm discovered in a shared vehicle.
Every investigation should be independently reviewed rather than simply accepting the conclusions contained in the arrest report.
Constitutional Issues Frequently Determine the Outcome
Many firearm prosecutions are decided not by whether a firearm existed, but by whether police obtained the evidence lawfully.
Constitutional questions frequently include:
- Was the detention lawful?
- Was the search constitutional?
- Were statements obtained lawfully?
- Was the firearm lawfully seized?
- Were constitutional rights respected throughout the investigation?
If constitutional protections were violated, the defense may seek suppression of the evidence before trial.
When important evidence is excluded, the prosecution’s case may be substantially weakened.
Every Firearm Investigation Deserves Independent Review
The existence of constitutional carry has changed one part of Florida firearm law.
It has not changed the prosecution’s burden of proof.
It has not eliminated constitutional protections.
It has not relieved law enforcement of the obligation to conduct lawful investigations.
Every witness.
Every recording.
Every search.
Every statement.
Every constitutional issue.
Each deserves careful evaluation before determining whether the prosecution can actually prove a criminal offense beyond a reasonable doubt.
How Constitutional Carry Cases Are Really Defended
Every firearm case presents different facts.
No experienced criminal defense attorney should decide upon a defense strategy until every available piece of evidence has been reviewed.
Constitutional carry cases are no different.
Many people assume that because Florida adopted constitutional carry, every firearm arrest must be unlawful.
That assumption is just as incorrect as assuming every firearm arrest is valid.
The answer always depends upon the facts.
The defense begins by asking a series of questions.
- Why did officers initiate the encounter?
- Was the defendant legally entitled to possess a firearm?
- Did officers correctly understand Florida law?
- Was the firearm lawfully discovered?
- Were constitutional rights respected?
- Can the prosecution actually prove every element of the charged offense?
Only after answering those questions can an intelligent defense strategy be developed.
The Arrest Report Is Only One Version of Events
Every criminal case begins with an arrest report.
That report explains why the investigating officer believed criminal charges were appropriate.
It does not determine guilt.
It does not replace the evidence.
It does not end the investigation.
An experienced criminal defense attorney should compare the arrest report against:
- Body-worn camera recordings.
- Dash camera video.
- Surveillance footage.
- Witness statements.
- Dispatch recordings.
- Crime scene photographs.
- Search warrants.
- Physical evidence.
Many firearm cases become substantially weaker once the entire investigation is reviewed.
Search and Seizure Issues Frequently Determine the Outcome
One of the most important issues in constitutional carry cases is not the firearm itself.
It is how law enforcement discovered the firearm.
An otherwise lawful firearm may become evidence in a criminal prosecution only after police conduct a search.
Important constitutional questions frequently include:
- Was the traffic stop lawful?
- Was the detention unlawfully extended?
- Was the vehicle search constitutional?
- Did the defendant voluntarily consent?
- Was a warrant required?
- Did officers remain within the lawful scope of the search?
If evidence was obtained in violation of the Fourth Amendment, the defense may seek suppression of that evidence.
Without the firearm, the prosecution’s case may be significantly weakened.
Cross-Examining the Investigating Officer
Many constitutional carry cases ultimately depend upon the testimony of the investigating officer.
An experienced trial lawyer carefully examines:
- Why the traffic stop occurred.
- When the firearm was first observed.
- Whether the firearm was actually concealed.
- Why the officer believed a crime had occurred.
- Whether Florida’s constitutional carry law was correctly applied.
- Whether every constitutional requirement was satisfied.
Cross-examination often reveals assumptions that were made during the investigation.
Those assumptions do not necessarily establish criminal guilt.
Body Camera Evidence Frequently Changes the Case
Modern firearm investigations are often recorded from beginning to end.
Body-worn cameras frequently preserve:
- Initial observations.
- Requests for consent.
- Statements made by the occupants.
- The location of the firearm.
- Officer explanations.
- Witness comments.
- The timing of the search.
Video often provides information that cannot be found in the written police report.
For that reason, body camera evidence should be obtained and reviewed in every firearm prosecution whenever it is available.
Every Firearm Case Is Different
No single defense applies to every constitutional carry prosecution.
Depending upon the facts, the defense may involve:
- Challenging the legality of the traffic stop.
- Challenging the search.
- Demonstrating lawful possession.
- Establishing that another person possessed the firearm.
- Challenging constructive possession.
- Demonstrating that officers misunderstood Florida law.
- Presenting constitutional defenses.
Every case should be evaluated individually.
The defense should never begin with assumptions.
It should begin with the evidence.
Why Investigative Experience Matters
Many criminal defense lawyers first learn firearm investigations after becoming attorneys.
Patrick J. McGeehan learned them by conducting those investigations himself.
Before entering private practice, he served as a:
- Police Officer
- DUI Investigator
- Traffic Homicide Investigator
- Police Instructor
- Retired Homicide Detective
He investigated violent crimes, firearm offenses, traffic stops, search warrants, and complex felony investigations.
Today, he applies that same investigative experience to identifying weaknesses in the prosecution’s case and protecting the constitutional rights of individuals charged with firearm offenses.
Every investigation should be independently reviewed.
Every assumption should be questioned.
Every constitutional protection should be enforced.
Frequently Asked Questions
Does constitutional carry eliminate all firearm restrictions?
No.
Although Florida permits many qualified individuals to carry a concealed firearm without a license, numerous criminal firearm statutes remain in effect.
Can police still stop me if I have a firearm?
Yes.
Law enforcement officers may continue to conduct lawful traffic stops and criminal investigations consistent with constitutional requirements.
Can police search my vehicle simply because I have a firearm?
Not necessarily.
Whether officers may lawfully search a vehicle depends upon the Fourth Amendment, probable cause, consent, and other recognized legal exceptions.
What if the firearm belongs to another person?
Ownership and possession are different legal concepts.
The prosecution must still prove the required legal elements beyond a reasonable doubt.
Can body camera footage help my defense?
Frequently.
Body camera recordings often provide important evidence regarding the search, statements made during the investigation, and the location of the firearm.
Should I answer questions about the firearm?
Anyone under criminal investigation should carefully consider their constitutional rights before making statements that may later be introduced into evidence.
Speaking with an experienced criminal defense lawyer before answering investigative questions is often advisable.
Every Constitutional Carry Case Deserves an Independent Investigation
Constitutional carry did not eliminate criminal firearm prosecutions.
It did not eliminate constitutional protections.
It did not reduce the prosecution’s burden of proof.
Every witness.
Every recording.
Every search.
Every statement.
Every constitutional issue.
Each deserves careful evaluation before determining whether the prosecution can actually prove a criminal offense beyond a reasonable doubt.
Why Clients Choose Patrick J. McGeehan
Firearm cases involving constitutional carry are rarely as simple as they appear.
The issue is not merely whether a firearm was present.
The issue is whether law enforcement correctly applied Florida law and whether prosecutors can prove every element of the alleged offense beyond a reasonable doubt.
That requires a thorough understanding of both the law and the investigation.
Before becoming a criminal defense lawyer, Patrick J. McGeehan spent more than two decades in law enforcement serving as a:
- Police Officer
- DUI Investigator
- Traffic Homicide Investigator
- Police Instructor
- Retired Homicide Detective
Throughout that career, he investigated firearm offenses, violent crimes, homicide cases, narcotics investigations, and major felony offenses.
He understands:
- How officers develop probable cause.
- How traffic stops expand into criminal investigations.
- How search warrants are obtained.
- How evidence is collected.
- How witness statements are evaluated.
- How prosecutors build firearm cases.
Today, he uses that investigative experience to identify weaknesses in the State’s case and aggressively defend individuals charged with firearm offenses throughout Central Florida.
Every investigation deserves careful review.
Every constitutional issue deserves careful analysis.
Every piece of evidence deserves scrutiny.
What the Jury Must Decide
If your case proceeds to trial, the jury becomes responsible for determining the facts.
Jurors are not asked whether they support constitutional carry.
They are not asked whether they agree with Florida’s firearm laws.
Instead, they are instructed to decide whether the prosecution has proven every element of the charged offense beyond a reasonable doubt.
Depending upon the charges, jurors frequently evaluate questions such as:
- Was the defendant legally entitled to possess a firearm?
- Was the firearm lawfully carried?
- Was the firearm actually concealed?
- Was the search constitutional?
- Were the investigating officers credible?
- Does the physical evidence support the allegations?
- Has the prosecution eliminated every reasonable doubt?
Those factual determinations often decide the outcome of the case.
Early Legal Representation Matters
The period immediately following a firearm arrest is often critical.
Important evidence may still be available.
Body camera recordings can be preserved.
Surveillance video may still exist.
Witnesses remain easier to locate.
Search warrants can be reviewed.
Vehicle searches can be analyzed.
Early representation allows an experienced criminal defense attorney to begin:
- Preserving evidence.
- Reviewing body camera footage.
- Obtaining surveillance recordings.
- Evaluating constitutional issues.
- Interviewing witnesses.
- Examining search procedures.
- Preparing pretrial motions.
Early preparation frequently creates opportunities that no longer exist months later.
Every Constitutional Carry Case Deserves an Independent Investigation
An arrest is not proof of guilt.
It represents only the beginning of the criminal process.
Every investigation should be independently evaluated.
Important questions include:
- Did officers correctly understand Florida’s constitutional carry law?
- Was the traffic stop lawful?
- Was the detention unlawfully extended?
- Was the firearm lawfully discovered?
- Were constitutional rights respected?
- Can the prosecution actually prove every required element?
Those questions frequently determine whether criminal charges can ultimately be sustained.
Contact a Daytona Beach Gun Crime Lawyer
Constitutional carry has changed Florida firearm law.
It has not eliminated criminal firearm prosecutions.
If you have been arrested for a firearm offense, do not assume the investigating officer correctly applied the law.
Do not assume the search was constitutional.
Do not assume there is no defense.
Every witness matters.
Every search matters.
Every constitutional protection matters.
Every piece of evidence deserves careful review.
If you have been charged with a firearm offense in Daytona Beach, Volusia County, Flagler County, or anywhere in Central Florida, contact the Law Offices of Patrick J. McGeehan, P.A. to schedule a confidential consultation.
An experienced criminal defense lawyer can evaluate the evidence, explain your legal options, and begin protecting your rights immediately.
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