Gun Charges

The right to bear arms is guaranteed under the second amendment of the United States Constitution. Despite this guarantee, states have taken steps to regulate and control the use, sale, and possession of firearms. Florida gun law is intricate and complex, meaning Florida residents may be unfamiliar with the charges they face.

Individuals facing weapons charges, or those who believe they may be in violation of a Florida, find themselves at the heart of a complex constitutional law debate. The state of Florida is in the business of putting people away on gun charges, and it is important to contact a competent and experienced Florida criminal attorney to defend and uphold your constitutional rights.

Florida law makes illegal a wide-range of weapons charges, varying in severity of punishment. Some of the potential charges are listed below.

Under Florida law, it is illegal for any person to knowingly carry a concealed firearm without a license. This offense is a third-degree felony, punishable by:

• up to five years in prison;
• up to five years probation; and
• up to $5,000 in fines.

This charge is typically defended by showing: (1) the defendant in fact did have a permit to concealed carry, granted by the state of Florida or another state; or (2) the defendant was unaware of the concealed weapon.

According to Florida Statute 790.10: it is illegal to draw, show, or present a weapon, like a gun or knife, in a careless, rude, threatening, or dangerous manner. This crime can be victimless, all that matters is that the defendant's conduct was dangerous. The exhibition must occur in the presence of at least one other person, but that person need not feel threatened. Kase v. State, 581 So. 2d 612, 613 (Fla. 1st DCA 1991).

This offense is a first-degree misdemeanor, punishable by:

• up to one year in jail;
• up to one year of probation; and
• up to $1,000 in fines.

Under Florida statute 790.115, it is illegal for any person to display a dangerous weapon in a careless, rude, threatening, or dangerous manner at a school sponsored event, at a school, or within 1,000 feet of a school sponsored event. This is considered a 3rd degree felony, punishable by:

• up to five years in prison;
• up to five years of probation; and
• up to $5,000 in fines.

Even an otherwise lawful gun owner can find themselves in legal trouble under Florida law by failing to properly store their weapons in the presence of a minor. If a gun owner allows a minor under the age of sixteen access to their firearm, they are in violation of a second-degree misdemeanor, punishable by:

• up to sixty days in jail; and
• $500 in fines.

This is the most serious gun-related offense. In Florida, it is illegal for any person who has been convicted of a felony charge to possess a firearm. This offense carries:

• up to fifteen years in prison,
• up to fifteen years of probation,
• up to $10,000 in fines.

Weapons-related charges can be serious and carry severe consequences for your future. Due to the constitutional nature of gun-related charges, cases are often litigated. It is important you hire a competent criminal trial attorney to handle Miami weapons charges.