Fighting a Concealed Firearm Charge in Your Car: The “Plain View” Defense

Carrying a Concealed Firearm is a serious third-degree felony in Florida, often carrying penalties that are disproportionately harsh for the situation. The baffling thing about this charge is that in 99% of cases, no one was actually “carrying” anything. The charge almost always arises from a firearm found inside a car.

The law is gray, but it says you can be charged with this felony if a firearm is concealed and “readily accessible” to you inside the vehicle. However, these cases are often based on a misapplication of the law and are highly defendable.

Charged with Carrying a Concealed Firearm in Orlando? If any part of the weapon was visible, it may not have been legally “concealed.” Call my office immediately to discuss the facts of your case. Call John Guidry: (407) 423-1117

Our Most Powerful Defense: The Weapon Was in “Plain View”

The entire case against you often hinges on one word: concealed. If a firearm is hidden from ordinary sight, it is concealed. But if any part of it is visible, it is in “plain view,” and you have not committed the crime of carrying a concealed firearm.

This is one of the most common and successful defenses we use.

Real-World Case Study: The Gun in the Door Pocket I recently had a client who was pulled over for speeding. The officer ordered him out of the car. As soon as my client opened his driver’s side door, the officer saw the butt of a handgun in the door’s side pocket, immediately handcuffed him, and arrested him for carrying a concealed firearm.

We got the case dismissed. The reason was simple, and it’s a question I posed to the prosecutor: How can you possibly call something “concealed” if it is immediately visible the moment a car door is opened? It can’t be both concealed and in plain sight at the same time.

Common Scenario: The Gun Between the Seats We see this fact pattern frequently. A driver has a firearm tucked between the driver’s seat and the center console. The butt of the gun is sticking up and is clearly visible. When the officer approaches and looks inside the car, they see the firearm and make an arrest. Again, this is not a concealed weapon; it is in plain view.

Don’t Let an Unfair Charge Cost You Your Freedom

Because the penalties for this felony are so severe, you need an attorney who understands these nuances and knows how to fight back. All sorts of good things can happen in these cases. They can be dismissed, and you can avoid a felony conviction and all the serious consequences that come with it.

If you have been charged with Carrying a Concealed Firearm in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need to take this seriously and act quickly. I have been defending clients in these exact situations since 1993. Get with a good local attorney, and you can come out of this just fine. Good Luck.

Also, you’ll want to stop reading now to check out my latest video entitled “What to Do If You’re Charged with Carrying a Concealed Firearm in Florida.”

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.