How does the new permitless carry law affect those currently facing charges?
HALLANDALE BEACH - Permitless carry is Florida's future, as Governor Ron DeSantis signed a new law that allows people to carry concealed firearms without permits starting July 1st.
However, the move may create wiggle room for defendants currently facing concealed weapons charges.
NFL player Faion Hicks caught his case driving through Hallandale Beach in Broward County.
On top of traffic charges, police said he illegalled carried a concealed firearm.
"Any good defense attorney worth their salt is going to say you know judge this is a waste of resource," said Melba Pearson, a Civil and Criminal Law Policy attorney and Director of Prosecution Projects at Florida International University.
"We know that as of July 1st permitless carry is the law in the state of Florida. This person happened to miss that benefit by four months."
Pearson said some state attorneys could decide to change office policies and no longer pursue concealed weapons cases.
She compared it to law enforcement's approach with medical marijuana.
"You've seen this movement of prosecutor offices moving away from prosecuting those types of charges," Pearson said.
"So I think the same thing can happen here in terms of firearms. But again, it depends on the totality of the circumstance."
The Broward County State Attorney's Office could not comment on active cases but released a statement regarding the fate of active concealed firearms cases in light of the new law.
"As you wrote, the new law takes effect on July 1," the statement said.
"Prosecutors will review all of the facts, evidence, and circumstances before making formal charging decisions in any cases. The State Attorney's Office policy will be to continue to follow the law and to review all of the facts, evidence, and circumstances in all cases before making formal charging decisions. We do not comment on pending cases."
The Miami-Dade County State Attorney also released a statement.
"At this point, it would be premature to come to any conclusions until we have had time to fully evaluate the new legislation in detail," the statement said.
Pearson said ultimately, neither defense lawyers nor prosecutors resolve such cases.
"At the end of the day the judge is going to say okay based on case law, based on the facts of the case that is being argued in front of me or based on resources because, again, if you're looking at a court docket that is packed this is not the type of case that's going to be at the top of the pile," she said.
CBS News Miami called the Florida Attorney General's office for comment.
They did not respond before publication.
Since the state's permitless carry law is not a retroactive bill, Pearson said anyone caught carrying a concealed firearm without a permit should expect criminal charges and prosecution.
