The Sunshine State has criteria and laws in place for law-abiding citizens to use and carry firearms for self-defense legally. Individuals convicted of felonies or who have mental conditions are prohibited from possessing weapons.
Both state and federal-level prosecutors aggressively prosecute weapons-related offenses. If you are arrested for a crime with a firearm, you could be subjected to additional penalties under Florida’s 10-20-Life law.
If you’re facing a weapons charge, it’s vital to speak with a gun charge defense attorney immediately.
Florida Weapons Charge
Weapons offenses generally involve the illegal possession, use, or distribution of firearms and other weapons as regulated under Florida state law. Possession is legal if:
- A person has no felony convictions
- Is not currently under a restraining order
- Has no history of mental illness or substance abuse
Violations include:
- Under Florida Statute 790.01(2), carrying a concealed firearm without a proper permit is a third-degree felony
- Under Florida Statute 790.23, a convicted felon is prohibited from possessing a firearm, and is a second-degree felony
- Under Florida Statute 790.19, shooting into a building or an occupied vehicle is considered a second-degree felony.
Florida now has “permitless carry,” as long as a person qualifies for a concealed weapons license (CWL), is over 21, and is not prohibited from ownership. There are also prohibitions on where a weapon can be carried, such as in and around schools.
If you are facing any weapons charges, get legal help immediately from a weapons and gun charge defense attorney.
Not Just Firearms
Florida’s Stand Your Ground laws mean that many people may not realize that a weapons charge can cover something besides a firearm. The Sunshine State’s weapons laws also define “weapons” as:
- “Billie”, aka Billie club, nightstick, or baton, usually carried by law enforcement
- Chemical weapon, i.e. pepper spray (can be open-carried)
- Dirk (dagger)
- Knife
- Metallic knuckles
- Another deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife
- Slungshot
- Taser or other electronic device (can be open-carried)
Florida requires concealed carry permits for many weapons like as a pocketknife with a blade longer than four inches. Improper exhibition of a weapon in a “rude, careless, angry, or threatening manner” in front of others, even without a threat, is a crime under Section 790.10 of the Florida Statutes.
Florida Is NOT An Open-Carry State
Unlike other states like Texas, Florida prohibits the open carry of weapons with two exceptions:
- If you are where you must have a firearm or other weapon out for self-defense
- You are traveling to or from or engaged in:
- Fishing
- Camping
- Hunting
- Target practice
Open carry can lead to charges of brandishing a weapon.
Defenses For A Weapons Charge
Florida weapons charges need an aggressive defense with one of several strategies:
- Challenge the prosecution’s evidence and case and show faults in its argument, the legality of the evidence, dispute the credibility of any witnesses, giving the jury doubts to make conviction difficult.
- Self-defense
- Lack of intent to commit a crime with a weapon
- Legally allowed to carry the firearm and did nothing wrong
- Illegal search and seizure
- You did not know about the weapon/not in your possession
- An antique firearm manufactured before 1918, or a replica of one.
Some cases may include sentencing under Florida’s 10-20-Life Statute if a gun was around during the commission of a crime, even if not used. That’s why a gun charge defense attorney is vital to a reduced sentence or complete acquittal.
WEST PALM BEACH GUN CHARGE DEFENSE ATTORNEYS
An arrest for gun charges is a serious matter. It is your responsibility to protect and defend yourself. The police are unconcerned with justice, only making arrests and solving cases. We believe you should consult with a criminal defense attorney whenever you are asked to speak to the police. Say nothing to them until you speak with our team.
If you or a loved one has been arrested or accused of a crime, contact the criminal defense team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.
