Recently, I spoke with a U.S. LawShield member who had lost his Conceal Weapon Firearm License (or “CWFL”) and wanted to know if he could still carry his firearm concealed on his person while he waits for his replacement. Unfortunately, I was not able to give him the answer he was hoping for.
WHAT THE LAW SAYS
Florida Statute 790.06(1) requires an individual to carry his or her CWFL, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm, and the individual must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation, with a penalty of $25, payable to the clerk of the court.
You are probably thinking, “it is only a $25 fine, I will take my chances.” The problem with taking your chances is that you could still be arrested for possession of a concealed weapon which is a 3rd degree felony. A law enforcement officer has no obligation to verify you do, in fact, have a CWFL if you do not have it on you.
Having a valid CWFL is an affirmative defense to the crime of possession of a concealed weapon, but remember an affirmative defense applies at trial. So, do you really want to take the chance of going to jail, paying a bond to get out of jail, and then fighting the case in court?
If you have any questions about carrying a concealed weapon while you are waiting on your CWFL replacement card, call U.S. LawShield and ask to speak to your Independent Program Attorney.
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