Tampa Carrying Concealed Firearm Attorney
If you have been arrested or charged with carrying a concealed firearm in Hillsborough County, speaking with an experienced Tampa carrying concealed firearm attorney as early as possible can make a significant difference in your case. Under Section 790.01, Florida Statutes, unlawfully carrying a concealed firearm can be charged as a third-degree felony punishable by potential prison time, fines, and a permanent felony record. However, Florida’s firearm laws have changed significantly in recent years, and the State must prove not only that the firearm was concealed, but also that you were not legally authorized to carry it under Florida law. At Hunt Law | Tampa Criminal Defense, attorney J. Ruffin Hunt uses his experience as a former Division Chief with the Hillsborough County Public Defender's Office to carefully examine firearm allegations, challenge unlawful searches, and build a strategic defense tailored to the facts of your case.
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Tampa Carrying Concealed Firearm Lawyer
Florida law allows many individuals to lawfully carry concealed firearms, but a violation of Florida’s concealed carry laws can still result in serious criminal charges. A carrying concealed firearm charge in Tampa can expose you to felony penalties, a permanent criminal record, and the potential loss of your right to possess firearms in the future.
At Hunt Law | Tampa Criminal Defense, Tampa carrying concealed firearm attorney J. Ruffin Hunt represents individuals charged with firearm offenses throughout Hillsborough County. As a former Division Chief with the Hillsborough County Public Defender’s Office, Attorney Hunt has handled thousands of criminal cases and understands how to challenge the evidence, search issues, and legal requirements involved in firearm prosecutions.
What is Carrying a Concealed Firearm in Florida?
Under Section 790.01, Florida Statutes, a person commits the offense of carrying a concealed firearm if he or she:
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Carries a concealed firearm on or about his or her person; and
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Does not meet the legal requirements to carry a concealed firearm under Florida law.
A firearm is generally considered “concealed” if it is hidden from the ordinary sight of another person. These cases commonly involve allegations that a firearm was discovered during a traffic stop, vehicle search, pedestrian encounter, or arrest for another offense.
However, the fact that a firearm was found does not automatically mean that a person committed a crime. The State must prove every element of the offense beyond a reasonable doubt.
Is Carrying a Concealed Firearm a Felony in Florida?
Carrying a concealed firearm without legal authorization is a third-degree felony under Florida law. A third-degree felony is punishable by:
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Up to 5 years in Florida State Prison;
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Up to 5 years of probation; and
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A fine of up to $5,000.
In addition to the criminal penalties imposed by the court, a felony firearm conviction can have long-term consequences, including difficulty obtaining employment, professional licensing issues, and the loss of important civil rights.
Florida’s Permitless Carry Law and Concealed Firearm Charges
Florida’s firearm laws have changed significantly in recent years. While Florida previously required most individuals to obtain a concealed weapon or firearm license, Section 790.01 now provides that a person may carry a concealed firearm if they are either:
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Licensed under Section 790.06, Florida Statutes; or
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Not licensed, but otherwise meet the eligibility requirements to receive and maintain a concealed weapon or firearm license.
This means that the absence of a physical concealed carry permit alone is not enough to prove a violation of Florida law.
In a prosecution for carrying a concealed firearm, the State has the burden of proving that the accused person:
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Did not have a valid concealed weapon or firearm license; and
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Was not otherwise eligible to receive and maintain such a license.
This burden of proof is an important protection and may create significant defenses depending on the facts of the case.
Common Defenses to Carrying Concealed Firearm Charges
Every firearm case depends on the specific circumstances surrounding the arrest. Possible defenses to a carrying concealed firearm charge may include:
The Person Was Legally Authorized to Carry the Firearm
Florida law allows qualifying individuals to carry concealed firearms even without a physical concealed carry permit. If the accused person met the statutory requirements to lawfully carry, the State may be unable to prove the offense.
The Firearm Was Not Actually Concealed
The State must prove that the firearm was concealed from ordinary observation. If the firearm was openly visible or not hidden in the manner required by law, this element may be challenged.
Illegal Search or Seizure
Many concealed firearm cases begin after a traffic stop, vehicle search, or police encounter. Law enforcement must comply with constitutional requirements when stopping individuals, searching vehicles, and seizing evidence. If officers violated your rights, your attorney may be able to file a motion to suppress the firearm or other evidence.
Lack of Knowledge or Possession
The State must prove that the accused person knowingly possessed the firearm. This can become an important issue in cases involving vehicles, bags, residences, or other areas where multiple people had access to the firearm.
Arrested for Carrying a Concealed Firearm in Tampa?
A firearm charge can have serious consequences, but an arrest does not automatically mean that you will be convicted. These cases often involve complex questions about Florida firearm laws, constitutional rights, and whether the State can actually prove each required element.
If you have been arrested or charged with carrying a concealed firearm in Tampa or Hillsborough County, contact Hunt Law | Tampa Criminal Defense today. Tampa criminal defense attorney J. Ruffin Hunt provides aggressive and strategic representation for individuals facing firearm charges and offers free and confidential case consultations.
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What Are the Elements of Carrying a Concealed Firearm in Florida?
Jury Instruction 10.1
To prove the crime of Carrying a Concealed [Firearm] [Weapon] [Electric Weapon or Device], the State must prove the following three* elements beyond a reasonable doubt:
1. (Defendant) knowingly carried on or about [his] [her] person [a firearm] [a concealed weapon] [an electric weapon or device].
2. The [firearm] [concealed weapon] [electric weapon or device] was concealed from the ordinary sight of another person.
3. *At that time,
a. [he] [she] was not licensed by the Department of Agriculture and Consumer Services** to carry a[n] concealed [firearm] [weapon] [electrical weapon or device];
and
b. was ineligible to receive and maintain such a license because of (insert reason defendant cannot get a license because he or she does not meet the criteria in § 790.06(2)(a)-(f) and (i)-(n), (3), and (10), Fla. Stat).
Ensor v. State, 403 So. 2d 349 (Fla. 1981); Dorelus v. State, 747 So. 2d 368 (Fla. 1999).
The term “on or about [his] [her] person” means physically on the person or readily accessible to [him] [her].
The term “ordinary sight of another person” means the casual and ordinary observation of another in the normal associations of life. A [firearm] [concealed weapon] [electric weapon or device] need not be completely hidden for you to find that it was concealed. However, a[n] [firearm] [concealed weapon] [electric weapon or device] is not concealed if, although not fully exposed, its status as a[n[ [firearm] [concealed weapon] [electric weapon or device] is detectable by ordinary observation.
Give only the applicable paragraphs.
A “firearm” means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime. An antique firearm is (insert definition in
790.001, Fla. Stat.)]. [A destructive device is (insert definition in § 790.001, Fla. Stat.)].
A “concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such manner as to conceal the weapon from the ordinary sight of another person.
A “deadly weapon” is any object that will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction.
An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was intended to be used [or threatened to be used] in a manner likely to cause death or great bodily harm.
“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm.
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
“Tear gas gun” and “chemical weapon or device” are defined in § 790.001, Fla. Stat.
§ 790.01(5)(b), Fla. Stat. The statute and case law are silent as to: (1) which party bears the burden of persuasion of the affirmative defense, and (2) the standard for the burden of persuasion. Under the common law, defendants had both the burden of production and the burden of persuasion on affirmative defenses by a preponderance of the evidence. The Florida Supreme Court has often decided, however, that once a defendant meets the burden of production on an affirmative defense, the burden of persuasion is on the State to disprove the affirmative defense beyond a reasonable doubt (e.g., self-defense and consent to enter in a burglary prosecution). In the absence of case law, trial judges must resolve the issue via a special instruction. See the opinion in Dixon v. United States, 548 U.S. 1 (2006), for further guidance.
It is a defense for a person who carries for purposes of lawful self-defense, in a manner concealed from the ordinary sight of another person:
1. A self-defense chemical spray.
2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
J. Ruffin Hunt
Managing Member
Attorney J. Ruffin Hunt is a Tampa carrying concealed firearm attorney and founder of Hunt Law | Tampa Criminal Defense, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience defending individuals accused of firearm offenses and other misdemeanor and felony charges. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and represents individuals accused of unlawfully carrying a concealed firearm in Tampa and throughout Hillsborough County. Although Florida law generally allows qualifying individuals to carry a concealed firearm without a concealed carry license, important restrictions and exceptions still apply. Firearm cases can involve questions about whether a weapon was actually concealed, whether the accused knowingly possessed the firearm, where the firearm was located, whether the person was legally permitted to possess or carry it, and whether law enforcement lawfully discovered and seized the weapon.
Mr. Hunt carefully examines the circumstances surrounding the encounter with law enforcement, including traffic stops, searches of vehicles or individuals, statements made to officers, body-camera footage, and other evidence used to establish possession. When appropriate, he may challenge an unlawful stop, search, or seizure or dispute whether the State can prove knowing possession or another required element of the offense. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals facing concealed firearm charges and providing strategic, aggressive representation throughout the criminal process.
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Hunt Law | Tampa Criminal Defense serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
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If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
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Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: Can a no contact order in Tampa be modified?
A: Yes. In some cases, a no contact order in Tampa can be modified, but only by a judge. If you were arrested for domestic violence, the court may have imposed a no contact order as a condition of your pretrial release, prohibiting you from communicating with or coming near the alleged victim. The alleged victim cannot cancel or waive the order on their own, even if they want contact to resume. To request a modification, your attorney must typically file a motion asking the court to change the conditions of release. The judge will consider factors such as the nature of the allegations, whether injuries were involved, the parties' relationship, the alleged victim's wishes, whether children or shared housing are involved, and any ongoing safety concerns. In appropriate cases, a judge may modify a strict no contact order to a no violent contact order, allowing peaceful communication while still prohibiting threats or violence. Because violating a no contact order can result in bond revocation, additional criminal charges, or a return to jail, it is important to seek court approval before having any contact with the alleged victim.
Q: Can the victim "drop" domestic violence charges in Florida?
A: No. In Florida, the alleged victim cannot "drop" domestic violence charges because criminal cases are prosecuted by the State Attorney's Office, not by the alleged victim. Although the alleged victim can tell prosecutors they no longer want to pursue the case or submit an affidavit of non-prosecution, the decision whether to continue or dismiss the charges belongs to the State. Prosecutors often proceed with domestic violence cases even when the alleged victim does not want to cooperate, particularly if there is other evidence such as 911 recordings, body camera footage, witness statements, photographs, text messages, or medical records. If you have been charged with domestic violence, you should never contact the alleged victim in an attempt to have the charges dropped, as doing so may violate a no-contact order or even result in additional charges such as witness tampering. An experienced Florida criminal defense attorney can evaluate the evidence, protect your rights, and pursue the strongest possible defense.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: What is Florida's Stand Your Ground Law?
A: Florida's Stand Your Ground law allows individuals to use or threaten force in self-defense under certain circumstances without first retreating. If a person reasonably believes force is necessary to prevent imminent unlawful force, imminent death or great bodily harm, or the imminent commission of a forcible felony, Florida law may justify the use of force. Deadly force is permitted only in limited situations involving a reasonable fear of imminent death, great bodily harm, or certain violent felonies, while non-deadly force may also be used to defend yourself, another person, or, in some cases, your property. Importantly, once self-defense is raised, the State (not the defendant) must prove beyond a reasonable doubt that the use of force was not legally justified. However, Stand Your Ground does not protect someone who was committing a forcible felony, was the initial aggressor (with limited exceptions), or unlawfully uses force against law enforcement. Because these cases often involve complex factual and legal issues, anyone facing criminal charges involving self-defense should consult an experienced Florida criminal defense attorney as soon as possible.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.