Firearm, Gun, Weapon and Ammunition Charges in Florida
The Second Amendment guarantees citizens the right to keep and bear arms, something that Americans take great pride in. However, the state of Florida has implemented regulations for gun ownership and use to ensure that its residents do not cause harm to others while engaging in these activities.
Penalties for breaking laws prohibiting specific weapon use can range from being a minor infraction to a major felony. Convictions for weapon-related crimes in Florida frequently result in significant incarceration and monetary penalties. Since this is the case, it is imperative that you retain the services of an experienced criminal defense attorney in West Palm Beach to help you successfully argue your case and avoid the aforementioned penalties.
Gun Charge Attorney in West Palm Beach
You may be able to get your Florida gun charges reduced or even dropped altogether. As a result, you need to retain the services of a weapons defense attorney who is well-versed in the relevant statutes and court rulings in the state of Florida. If you need assistance defending yourself against criminal charges, criminal defense attorney Ian Goldstein can review your case and come up with a defense strategy.
Ian Goldstein is committed to providing top-notch representation for his clients and building a solid case tailored to their needs. Mr. Goldstein is dedicated to his clients, and puts a premium on protecting their rights throughout the ordeal. You should seriously consider including Ian Goldstein in your defense team.
You can speak with a West Palm Beach gun crime lawyer at the Law Offices of Ian Goldstein by calling (561) 600-0950 if you've been charged with a weapons crime in Florida, whether it be in State or Federal Court, the Law Offices of Ian Goldstein is here to help. We handle cases throughout South Florida, including Palm Beach, Broward, Martin and St. Lucie Counties. Mr. Goldstein also represents individuals in Federal court throughout the United States.
Possession of a Firearm by a Convicted Felon
Possession of an electric weapon, firearm, ammunition, or any other weapon is illegal in the state of Florida if the owner has ever been convicted of any of the following:
- Found guilty of a Felony
- Determined to have committed a crime against the United States
- convicted of a crime that, if committed by an adult, would have carried a felony sentence
- Having a criminal record that would qualify as a felony in Florida due to a conviction in another state or country
- Having received a felony conviction in another jurisdiction carrying a potential prison term of one year or more
- Second-degree felonies can be committed if a convicted felon is found in possession of a firearm. One who is found guilty of this crime could face up to 15 years in prison, a $10,000 fine, or both. Crimes committed by members of a gang in Florida can result in a mandatory minimum of 10 years and a maximum of life in prison under Florida Statute 874.04.
Trafficking Guns or Firearms
Although this is an unusual charge, the attorneys here are familiar with the relevant statutes. Smuggling illegal firearms or ammunition is known as "gun trafficking," and it is illegal at the state and federal levels in Florida. The consequences for committing this offense can be devastating and incredibly severe.
Improper Exhibition of a Weapon
A violation of Florida Statute 790.10 occurs when an individual, for reasons other than self-defense, brandishes a weapon in the presence of another individual. Penalties for this first-degree misdemeanor include up to a year in jail and/or a $1,000 fine.
Carrying a Concealed Weapon
The carrying or storage of a firearm is not a crime in the state of Florida. The problem is that there are limitations. Statute 790.01 of the Florida Statutes makes it illegal for anyone without a Concealed Weapons Permit to carry a concealed weapon. Someone may be charged with carrying a concealed weapon if they are discovered to be doing so.
In Florida, if you want to carry a concealed weapon in public, you'll need a Concealed Weapons Permit, which you can get at any of several different locations. However, this crime can be committed if an individual carries a weapon or firearm in public without a valid CWP.
Permit-holding citizens of Florida may carry concealed weapons in accordance with Section 790.06. In Florida, a concealed carry permit can be obtained if an applicant meets the following criteria:
- A citizen or permanent resident of the United States
- One must be at least 21 years old.
- Lacks a medical condition that would prevent them from safely operating a firearm
- Has not been arrested within the past three years due to controlled substance abuse
- Does not regularly partake in alcoholic beverages or illegal drugs
- Has the need or desire to keep a weapon on one’s person for self-protection
- Demonstrates proficiency with firearms
- Is not deemed legally incompetent; in the five years prior to application, has not been hospitalized for mental illness
- Has not been convicted of domestic violence within the past three years and has completed all terms of their sentence.
- Is not the subject of a restraining order prohibiting domestic violence
- Does not violate any state or federal gun prohibitions
10-20-Life and other Florida Gun Legislation
In Florida, those who commit crimes while armed with a firearm face mandatory minimum prison terms as outlined in Section 775.087 of the state's statutes. The statute mandates that the mandatory minimum sentence for weapons charges be served in addition to any other prison terms imposed for separate but related crimes. Minimum sentences mandated by the 10-20-LIFE weapons law are as follows:
- Using a firearm in commission or attempted commission of a felony: Mandatory-Minimum 10 years in Florida prison
- Crimes with the Discharge of a Firearm: Mandatory-Minimum 20 years in Florida prison
- Crime involving a Firearm resulting in Injury: Mandatory-Minimum 25 years to life in Florida prison
- Possession of a firearm or ammunition by a convicted felon: Mandatory-Minimum 3 years in Florida prison
West Palm Beach Gun Charge Defense Lawyer near Me
If you are under investigation for a gun charge or firearm offense in West Palm Beach, you should consult with an experienced gun charge defense attorney immediately. If you've been accused of a crime, our legal team can help you figure out how to defend yourself most effectively.
You can reach a lawyer at any time by dialing (561) 600-0950 to set up a meeting.