They have also resulted in innumerable crimes, injuries, and deaths. And weapons that are concealed, as opposed to those that are in plain sight, often result in injuries and fatalities that would not have happened had the gun been obvious.
That's because the participants in the confrontation, argument, or fight may have increased the hostility level based on the assumption that all that could happen would be a pushing match or fist-fight, and that one party could always walk away. Instead, one party pulls out a hidden gun and tragedy results. In an attempt to prevent conflicts from escalating in this way, all states have made it a crime to carry a concealed weapon, with few exceptions.
Learn about the penalties for Assault with a Deadly Weapon. While state statues differ often significantly on the types of weapons that are prohibited, they share the following characteristics. Known as the "elements" of the crime, these characteristics must be proved beyond a reasonable doubt by the prosecutor in order to obtain a conviction for carrying a concealed weapon. These elements are explained below. A carried weapon is one that moves with you, or one you have in your possession.
Having a knife hidden in a pocket, for example, constitutes carrying a weapon because whenever you move, the weapon moves with you. However, actually moving is not required.
You can, for example, carry a weapon if you have it in your pocket while you are asleep. Also, you can carry a weapon if it is not physically in your possession, but merely within easy reach or control. For example, you can carry a weapon if you have it hidden under your seat while driving a car or otherwise have it available for immediate use. It's not enough for you to simply carry a weapon to be convicted of carrying a concealed weapon. The prosecutor must also prove the "concealed" part.
Concealment means that a person would ordinarily not be able to view the weapon if that person met you on the street, or in the ordinary course of an interaction. Having a weapon that is only partially concealed, or one that is concealed from only a particular angle, is usually not enough to be convicted of carrying a concealed weapon, though state laws do differ on this point. For example, some states require that the entire weapon must be viewable by an ordinary person, and even partially concealing a weapon can be enough to be convicted of carrying a concealed weapon.
The applicant must: Be a U. Be at least 21 years old, or 19 with proof of military service. Not have a current felony formal accusation. Not have a felony conviction, unless the courts vacated, pardoned, or set aside the conviction, or the courts restored the right to carry. Not suffer from any mental illness. Be in the United States legally. Complete a designated firearms safety training program.
Weapons locked in a closed trunk or in the luggage compartment of a vehicle. A firearm or other weapon carried in the field while engaging in hunting, target shooting, or trapping unless the activity is not legal.
A bow and arrow, unloaded shotgun or rifle or any other unleaded weapon carried in a car. This includes BB guns, CO2 guns, and air rifle Age and Carry Laws Although Arizona is fairly lenient regarding gun laws , there are slightly different rules for people who are under If convicted of Carrying a Concealed Weapon, a judge can impose any combination of the following penalties:. In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Carrying a Concealed Firearm are:.
A person who possesses a license to carry a concealed weapon or a concealed firearm commonly referred to as a Concealed Weapons Permit issued by the State of Florida is immune from prosecution for Carrying a Concealed Weapon.
Additionally, Florida allows out-of-sate visitors who are licensed to carry concealed weapons or firearms in their state of residence to carry concealed weapons or firearms in Florida, provided the other state offers concealed carry reciprocity.
Importantly, prior to , possession of a license to carry a concealed weapon was an affirmative defense, that the defendant had to prove. For example, one state allows a concealed carry permit to be issued to anyone who is at least 21 years old, has lived in the state at least 45 days, the county or adjacent county for 30 days, completes a hour firearms training course, and passes criminal and mental-health background checks.
As of this writing, only six U. Laws vary by state, so local laws should be consulted for requirements in your area. Off-duty and retired police officers are allowed to carry concealed weapons anywhere in the U. Definition of concealed. A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible.
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