Florida Statute 790.01. Carrying A Concealed Firearm
In Daytona Beach
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
If you are accused of carrying a firearm in Daytona Beach or Volusia County concealed weapons attorney Kevin J. Pitts can help. The law on carrying a concealed firearm in Daytona Beach can be confusing and can end up with someone who had no idea they were breaking the law ending up behind bars. If you are accused of carrying a concealed firearm in Daytona Beach our Daytona Beach concealed firearm attorney has the experience you need to handle criminal defense cases. To set up a consultation with our Daytona Beach concealed firearm lawyers call 386-451-5112. With offices in Daytona Beach and Sanford Mr. Pitts handles cases in Daytona Beach, DeLand, Deltona, Debary, Port Orange, Ormond Beach, South Daytona and throughout Volusia County and Seminole County. For more information contact Daytona Beach criminal defense lawyer Kevin J. Pitts.
Legal Information For Carrying A Concealed Firearm In Daytona Beach
A gun located inside a locked, unattended vehicle is not on any person, and it is also not readily accessible to any person. Where the undisputed evidence disclosed that although the defendant had previously occupied the vehicle in which the firearm was found, and which he admitted was his, he was standing outside the automobile at the time the searching officer recovered the weapon within it, and only after the revolver was seized was the defendant arrested for its possession, the firearm complied with neither requisite in that it was neither physically on him nor readily accessible to him. Thus, it could not be said that he carried a concealed firearm "on or about his person."
When an unsecured firearm located inside a vehicle is not loaded, a court must consider the location and accessibility of both the firearm and the ammunition in determining whether the firearm is readily accessible. For example, a firearm found under the front passenger seat of the defendant's automobile was not "readily accessible for immediate use," and thus the discovery of the firearm during a search that was conducted after a dog alerted to the presence of narcotics in the automobile was insufficient to support a conviction for carrying a concealed firearm, where the firearm was unloaded, and the ammunition was located in the glove box of the automobile.
The term "concealed firearm" means any firearm, as defined by statute, which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. "Ordinary sight of another person" means the casual and ordinary observation of another in the normal associations of life.