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4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term "possession" is defined as carrying it on the person. Stand Your Ground Law. It is an affirmative defense to the charge of carrying a concealed firearm if a person has complied with Florida law and obtained a Concealed Weapon License as provided for in F. How much is gun license in florida. 06, which states that the Florida Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to qualified persons. Because gun control is a huge part of Florida legislature, police and prosecutors spare no leniency when it comes to crimes involving weapon charges and if those charges appear with other charges, the gravity of the situation increases exponentially.
You are legally allowed to own a gun but you must follow the laws that are in place. We offer a free, no-obligation initial case consultation to new clients, so don't hesitate to contact our office today at (888) 484-5057 to determine how our legal services could best support you and your legal needs. In particular, certain individuals are not permitted to possess certain firearms, including: - Minors under the age of 21; - A person convicted of a felony (unless their civil rights are restored); - Anyone under a domestic violence court order; - Those who have been committed to a treatment facility for drug abuse or convicted of certain related crimes, within the past three years; - Habitual alcohol and drug abusers; and. As a former prosecutor, he knows how the opposing side will attempt to convict you. Improperly Purchasing, Possessing, or Using a Gun. The law applies to guns and ammunition. It's a third-degree felony to fire a gun in a public place or negligently discharge a firearm outside a residentially zoned dwelling. This offense may also be known more colloquialy as a "drive by shooting. Contact a florida weapons chargeS defense attorney. Employees and agencies of these licensed manufacturers, importers, or dealers who provide false information or violate any section of this statute will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5, 000. If convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties: - Up to fifteen (15) years in prison. What Gun Crimes Can You Be Charged With in Florida. F. 06 restricts Concealed Weapon Licenses.
The penalties for these crimes include up to 5 years of prison and a maximum fine of $5, 000. Depending on the severity of the offense, gun crimes range from a second-degree misdemeanor to a first-degree felony charge. Miami-Dade County Gun Charges & Possession Attorney. Orlando, the United States, and the world at large were severely shaken after 49 people were killed at the Pulse nightclub in Orlando earlier this month. If the term aggravated is inserted before the name of an offense, aggravated generally refers to the use of a weapon or some other serious circumstance. An individual may carry a concealed firearm in their vehicle when the weapon is not readily accessible or available for use. Aside from these exceptions, discharging a firearm in a public place, residential areas or from a vehicle is illegal and can result in criminal charges. Current florida gun laws. 16, any person who wields and discharges a machine gun (with the intention to inflict bodily harm on people and/or destroy property) will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10, 000-$15, 000.
What Are the Gun Laws in Florida? Is Carrying a Concealed Weapon without a License Legal in Florida? Contact us by calling (321) 248-7742 to discuss your case. If you did not knowingly possess the gun, then the charges against you should be dropped. Florida Gun Charges and Penalties. Carrying a Concealed Weapon in Florida. Possession focuses on the possession of certain weapons. Our firm was also positively featured on NBC News and Fox News. The more severe your charges are, the higher you should expect bail to be. If your gun lawyer finds that the evidence held against you is not strong enough, they might be able to get your charges dropped.
No access to the weapon: if you are not allowed to have a gun and you were accused of possession, your defense attorney might be able to prove that you are not the owner of the weapon and that you did not have access to it. Constructive Possession of a Firearm by a Convicted Felon. Weapons offense in the tri-county Miami-Dade, Broward or Palm Beach County area as well as the surrounding counties it is imperative that you hire a federal weapons offense attorney who is an expert in the field of federal law. In this type of situation, a second time offender would be required to serve life in prison. A third-degree felony is punishable by up to 5 years in prison, five years of probation and/or up to $5, 000 in fines. Ft. Lauderdale Gun Lawyer | Illegal Firearm Offenses. A person whose civil rights and firearm authority have been restored cannot be convicted of Possession of a Firearm by a Convicted Felon [2]. Additionally, any person who conducts the same course of action to promote a hoax weapon of mass destruction will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10, 000.
Those convicted of misdemeanors do not have this restriction – with one exception. Perhaps you have an antique gun. 275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947. I can contest the arrest and evidence to get your charges reduced or dismissed. The AR-15 one of the most popular guns on the market. 95-184; s. 95-195; s. 15, ch. The Jacksonville Field Office is located at: 5210 Belfort Road, Suite 350. Call Robert A. Gun purchasing laws in florida. Dees today at 850-439-0999 to set up a free consultation to discuss the charges against you. Florida Standard Jury Instructions for Criminal Cases No. The firearm enhancements aim to reduce gun violence and to increase penalties for gun offenders. P., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 001 shall be sentenced to a minimum term of imprisonment of 20 years.
Additionally, carrying a concealed weapon is prohibited in numerous places and situations, such as schools, bars, public parks, courthouses, public agency meetings, or any other location where state or federal law prohibits firearms. In keeping with Florida Statute Title XLVI Chapter 790. Moreover, law enforcement might have violated your Fourth Amendment rights under the United States Constitution. Stroleny Law, P. A handles a variety of criminal law cases, so call now if you have any questions. Eligible to own a gun under both state and federal law. As it is characterized *see example below). But what happens if the gun is not yours and you do not actually assert any control over it? The most basic defense to possession charges is to prove that the defendant did not have the weapon. This means that the defendant had knowledge of the concealed firearm, an assertion that can often be disputed by a competent attorney.