Lets say someone is walking to the gas station and they're armed with a concealed firearm. They have thier concealed weapons licence. A police officer decide to do a terry stop. In the process of frisking the person, police find the firearm. The individual is carrying their weapons license with them and presents it. It is at this point in time that the individual realizes their CWL is expired by a few days.

What can the police do regarding charges?

Can the Police arrest this individual?

1 Answer 1


Florida Statutes, s. 790.01 (2):

Except as provided in subsection (3), a person who is not licensed under s. 790.06 and 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.

790.06 describes the licensing process. But this person is not licensed, since their license has expired. I could find no mention of a grace period or other indication that the license might be considered valid after its expiration date. As such, the person is in violation of s 790.01(2) and has committed a third-degree felony, punishable by up to five years imprisonment, and could be arrested and charged accordingly.

Of course, it is possible that the officer would decide to issue a warning instead, or that a prosecutor would decline to prosecute, or offer a greatly reduced sentence.

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