I was told it’s a violation of the CCW law in Florida if my weapon because visible for a moment. Is there any truth to this and if it’s true what’s the penilty?
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I live in Northern Florida and that problem of your firearm being exposed can be accidentally done by reaching and bending or the wind being strong enough to blow your jacket open for all to see. ACCIDENTS HAPPEN like this and we learn to conceal and carry greater ways without accidental brandishing.
But, Brandishing or showing a firearm that threatens people’s safety and lives. can be understood that someone can use it to hurt or kill someone. The charge can go from misterminor to felonies. TRUE BRANDISHING. Flashing or waving a loaded firearm can get you arrested and charged, and wosre problems can be running your mouth harsh or deadly words.
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Here in TX, if your handgun is exposed (in plain sight), it is no longer CC, and must be in a belt holster. Would the same apply in FL? If so, that’s something to consider. Example: pocket carry with no holster, grip showing is not legal.
FLORIDA, you have conceal only. No open carry here. Laws of Florida !
That helps a lot thank you for your response.
I go to the panhandle, Bay County specifically, and LE there loves CCW folks. Its a super conservative county where 76% voted RED in 2016. A “wind” accident would be ignored there and I doubt any resident there would be likely to care at all. BUT, go to Miami Dade and there they look for any opportunity to create a crap storm! FL is like my second home.
Good point, who lives up there and still votes for the [people] on the left?
Name calling removed ~Dawn
I would contact your local sheriffs office. My instructor for my CWL flashed his IWB and no one called the law. A logical person would make allowances for something like this. But, like I said contact law enforcement.
Thank you for the advise
You are most welcome. I called the sheriffs department in Mississippi as I plan on traveling there and they answered all my questions. I also called the Orange county sheriffs department in Florida and they responded to my questions about loaded firearms. I am very new myself and I want to obey the law regardless. They are not necessarily friendly but we pay them to provide a service and information to the law abiding citizen. Best of luck and God bless.
Thank you
So you’re saying that the accidental exposure of a concealed firearm can be construed as brandishing ? Looking up brandishing in the dictionary it says that brandishing means to wave or shake a weapon in a threatening manner. Maybe I’m reading your post wrong and if so, I apologize.
Tell that to the police officer that talked to me for 45 minutes and the accuser was sitting
behind me in the officer’s office. I had a strong wind blow my light jacket open standing in
a busy parking lot 3 years ago and the accuser could not stop running his big mouth to
everyone he came in contact with that i was carrying a firearm in my belt. I had my CCL
over 1 year and I do not need someone reminding what Brandishing means.
I was told that I did not Brandish my firearm, but never to return. I understand what BRANDISHING
means and your comment is NOT the best . I did not detail my life lesson, but I gave a short
version of what true Brandishing means, I can quote the dictionary.
" TRUE BRANDISHING. Flashing or waving a loaded firearm can get you arrested and charged, and worse problems can be running your mouth harshly or deadly words. "
Please do not take my post the wrong way. I am 100% on your side and understand what you went through. In my eyes that WAS NOT brandishing by any means. The officer should have known that fact and told your accuser to go about their business. I’m sorry that you had to go through this ordeal and I’m sure it leaves a bad taste in your mouth as to how law enforcement wrongly handled it.
So I just googled it (as I always say, Google can be your friend) and came up with the following:
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(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.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
So, while I’m not providing legal advice or suggesting I am a legal expert, at least with this, you can reach out to a lawyer in your area and make sure yourself that accidental exposure of a concealed firearm is completely legal and not something you’ll go to jail for.
Stay safe
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