Penalty for carrying w/o CCW?

[davidd]

I am in the process of signing up for a CCW class, but want to find a good one. I will pick up my p3at later this week (already paid for), but was surprised to see an article in the paper that said the Sheriff is offering $1000 for tips leading to the arrest of various gun offenders, but also, those carrying w/o a ccw permit.

Is the law really that strict here in Florida? what would happen if you got pulled over for a speeding ticket and the officer noticed a gun in your pocket, but no permit? Just curious, i never intended to carry w/o a permit b/c it isn't worth worrying about having a problem, but i gotta admit, it never crossed my mind that this was a significant offense.

 

[Holydoc]

With the scenario you just gave about having a gun on you in a car in Florida is a Third Degree Felony if you do not have a CCL. In Florida you are allowed to carry a loaded gun in your car as long as it is in an enclosed container that is not attached to you. For instance you can have it in the center console or glove compartment as long as it is closed. However if you have the gun on you or touching you in any way without having a CCL, you have just committed a felony.

 

[SAWBONES]

In most states, merely carrying a concealed handgun without a permit (unassociated with clear intent to commit or actual commission of a crime) is a Class B misdemeanor.
Check your local laws, as there are actually a few localities and cities where the level of offense is higher than this, but it's rare to be classed as a felony.

 

[Durruti]

Here in Ohio, I talked with a guy who was caught without a license. He was originally charged with CCW, but it was pleaded down to something like "mishandling a firearm", which was apparently a lower level misdemeanor. I'd imagine that type of thing is fairly common, unless the CCW is in connection with another crime.

Of course, if you take this as legal advice, you're a fool

 

[glockman19]

Carrying without a Permit/License
Date updated: Jul 29, 2005 @ 9:42 am

California law has a gray area, a de facto quasi-right-to-carry. The state law provides that carrying a concealed weapon (including a knife or blackjack) is a FELONY, however, a clear exception exists. If you are carrying a gun (not a knife!) AND it was legally purchased AND it is registered to you AND you are not a gang member (yes, there is a statutory definition of gang member) AND it is your first such arrest, then concealed carry is a misdemeanor. A typical fine is $200.

www.packing.org

 

[Sistema1927]

Rule Number One:

Always rely on anonymous strangers on the Internet to provide you with solid legal advice.

Rule Number Two:

If you really want good anonymous legal advice, always make sure to mention your state or locale.

 

[MikePGS]

No matter how many times i hear it, it still annoys me to have to get permission to exercise a right that i inherently have. :Shakes fist in the direction of D.C.:

 

[RNB65]

In VA carrying a concealed weapon without a CCW permit is a misdemeanor on the first offense and a felony on the second and subsequent offenses. What type of punishment you'll get will be determined entirely by how good a lawyer you're able to afford. Justice may be blind but it has no hearing problems and money talks.

 

[Blackfork]

Supremes, all the way.

That would be an interesting case to appeal. Federal law has established plainly that "RIGHTS" may NOT be licensed, charged for, et, et, though it's done all the time. In fact it's done MOST of the time. Be interesting to argue what the difference is between two human beings, both with arms, one with a license and one without.

The Supreme court would probably blow it, like they have blown everything else the last 30 years, but they would be wrong.

 

[EricTheBarbarian]

in ohio carrying a concealed weapon is a felony if it is a hand gun. If its a big knife, brass knuckles, or whatever its a first degree misdemeanor.

 

[DDrake]

Personally, I think it shouldn't be a felony on the 1st offense if there is no intent. The reason why is simple .... the definition of "conceal" is vague. I can see the law being abused beyond the intention of it.

 

[Jim K]

Shake fist! Rant! Rave! The evil federal government won't let you carry ten .50 caliber machineguns in your belt. Rant!

The concealed carry issue is a state or local issue. Even those who are trying to get the DC law nullified to allow keeping operable guns at home are not fighting the carry battle. People who live in states where a CCW permit is attainable for ordinary citizens should just thank their lucky stars and quit with the screaming and carrying on, already!

Jim

 

[Holydoc]

What it boils down to is do NOT carried concealed until you receive your CCL. AND because of these silly rules infringing on your rights, DO get a CCL. The more CCL carriers listed, the more the government knows how important it is not to upset these voters with any more silly rules.

 

[Geno]

In Michigan, it is a felony; you go to prison, even worse, you might get pick up bars of soap in the shower. In the event the charge is bargained down to a misdemeanor, you still will never again carry a firearm, as you will never again qualify for any form of CCW. Not a big deal?

 

[.cheese.]

We may be the gunshine state here in Florida, but trust me, you don't want to be guilty of carrying a concealed weapon without a permit.

Just don't do it. Easy enough.

 

[Fulcrum of Evil]

No matter how many times i hear it, it still annoys me to have to get permission to exercise a right that i inherently have

Do you have the right to carry concealed? You have the right to be armed, but concealed weapons aren't really the domain of a soldier. IMO, you should be able to open carry just about anywhere, but it's reasonable to license CCW.

Even those who are trying to get the DC law nullified to allow keeping operable guns at home are not fighting the carry battle.

Incrementalism can work both ways.

 

[nwilliams]

All I can say is don't risk doing anything that might prevent you from getting your CCL. Take the class and wait until you have the permit in your hand before doing anything that might get you in trouble.

 

[trueblue1776]

in the panhandle I wouldn't worry too much, but it really depends what dept pulls you over and finds out. Most sheriff dept's could care less, city cops no way to tell, state troopers and you'd better get your soap on a rope ready.

If you're in the panhandle just make the drive to AL and get one in 20min.

 

[Rattlesnake]

In NM it is a petty misdemeanor. But I have this nice thing called officer discretion too. I think you would most likely get off with a warning, as long as you don't give the officer the feeling that you're an O2 thief.

 

[tnieto2004]

All I can say is don't risk doing anything that might prevent you from getting your CCL. Take the class and wait until you have the permit in your hand before doing anything that might get you in trouble.

Thats how I feel about it .. Why not wait to get it??

 

[ShooterMcGavin]

Do you have the right to carry concealed? You have the right to be armed, but concealed weapons aren't really the domain of a soldier. IMO, you should be able to open carry just about anywhere, but it's reasonable to license CCW.

Good point. Fair enough.

In Florida you are allowed to carry a loaded gun in your car as long as it is in an enclosed container that is not attached to you. For instance you can have it in the center console or glove compartment as long as it is closed. However if you have the gun on you or touching you in any way without having a CCL, you have just committed a felony.

Does this include accessing the weapon when faced with a deadly threat?? If a BG forced you to retrieve your gun from its enclosed container, in order to defend yourself (a car-jacking, for example), can you then be charge with a felony?

 

[MikePGS]

Do you have the right to carry concealed? You have the right to be armed, but concealed weapons aren't really the domain of a soldier.

There are no qualifiers in regards to the second amendment. By which i mean it doesen't say "The right to bear arms openly" or anything of that sort. As far as soldiers carrying weapons concealed goes, i'm sure there are a great many who currently, and during the time the constitution was written carry knives concealed. And really the second amendment isn't for soldiers, but rather for the people.

 

[SIRVEYR666]

MikePGS

"When the law break in, how you gonna come?
With your hands on your head, or on the trigger of your gun?"

Awesome! The Clash rock!

 

[Joe the Redneck]

I live in Florida. You need to read staute[sp] 790.

 

[greener]

You really need to read the laws for individual states. There is no real consistency from state-to-state. North Carolina seems seems to leave it up to leave it up to the indvidual officer, although the AG has issued "guide lines." Virginia seems to have fairly understandable definitions. It even gets more complex trying to figure out how to transport legally on a multi-state trip. It can darn near dictate the route you take.

One of the drivers for me getting a concealed carry permit was to, I hope, lessen the chances of running afoul of the concealed weapons laws just taking a couple of pistols to the range. I rarely carry, open or concealed, and try not to go to places where I think I might need to be armed. (I know, it sometimes seems darned hard to find safe places these days.)

It just goes to prove the old argument, the only people really affected by the firearms laws are those who try to obey them.