Florida's Gun Possession Charges & Penalties

Gun possession charges in Florida can carry penalties and consequences that are quite severe. So severe, in fact, that the ramifications can impact many different areas of your life, from employment to housing, child custody to voting rights, and so much more. A conviction for a gun possession charge may follow you for the rest of your life, becoming public knowledge that is visible to anyone who chooses to run a background check on you.

It is essential to know that if you are facing gun possession charges in the state of Florida, there is legal help available to you. An experienced criminal defense attorney can represent you in court and may be able to assist in getting your charges dismissed or reduced, saving you from the most severe penalties that a conviction can bring. Whether this is your first gun possession charge, or you are a repeat offender, there is hope. Contact a defense lawyer for gun charges near you today to begin forming your defense.

What are the Current Gun Laws in Florida?

As a United States citizen, you have the right to keep and bear arms as outlined in the Second Amendment to the U.S. Constitution. This right has been in effect since the year 1791, when it was signed into law with the Bill of Rights. The purpose of this legislation is to ensure that every American has the right and the means to defend themself and to protect their home.
Additionally, the state of Florida has the Stand Your Ground Law, which states that "A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be, has no duty to retreat and has the right to stand his or her ground and meet force with force..."

However, this does not mean that gun ownership comes without legal regulation. The state of Florida currently has many gun laws that dictate who may carry a weapon, when and where they may fire a weapon, and more. For example, guns in Florida must have a valid registration, and owners must have a current permit to carry said weapon.

Other criteria for gun ownership in Florida includes:

• You must be over the age of 18 years old and have the appropriate permits and registration
• You cannot be a convicted felon
• You cannot have any violent crime, even misdemeanor charges, on your record for the past 36 months
• Those with certain mental or cognitive disabilities may not own guns
• You may not carry a weapon in a police station, voting place, prison, jail, detention facility, courthouse or courtroom, any government building or place of business, any school or college event, any professional sporting event, in any school administration building or campus, and more

There are certain exceptions to these rules. Individuals may have a gun or weapon in their home or place of business without a permit, and they may transport a weapon to another secured location in the appropriate container without a permit. If you are facing gun possession charges in Florida, contact a defense attorney as soon as possible to discuss your options and to begin fighting your case.

Most Common Weapon Crime Charges in Florida

Upon receiving conviction of a gun possession charge in Florida, you may find yourself facing steep consequences, including:

• Jail or Prison Time
• Fines
• Probation
• Mandated Forfeiture of Weapons
• Revocation of Voting Rights
• Limited Ability to Own Weapons in the Future
• And More

Unfortunately, many individuals find themselves facing gun possession charges without the prior knowledge that they were doing anything wrong. It is important to recognize that while the Second Amendment is federal legislation, meaning it applies to the entire country, that each state is able to pass its own gun and weapon laws. This means that laws regarding who can carry a weapon, when & how may vary from state to state. Often, this leads to confusion and ambiguity.

The most common gun possession charges in Florida include:

• Unlicensed Carry of a Firearm
• Unlicensed Concealment of a Firearm
• Improper Exhibition of a Weapon
• Possession of a Weapon at a School-Sponsored Event
• Discharging of a Weapon at a School-Sponsored Event
• Possession of a Weapon or Firearm by a Convicted Felon
• Allowing a Person Under the Age of 16 Access to a Loaded Gun

This is not an exhaustive list of all the possible gun possession charges, yet they are a few of the most common. Additionally, gun enhancement charges are also a frequent occurrence in the state. A gun enhancement charge occurs when an individual commits another crime, such as a robbery, while in possession of a loaded firearm, therefore leading to a more serious charge and sentence.

How Do Defense Attorneys Help with Gun Possession Charges?

If you are facing gun possession charges in South Florida, do not lose hope. An experienced criminal defense team may be able to help you avoid the most serious consequences, such as a lengthy prison sentence. It is essential to know that prosecutors and the courts can dismiss gun charges, even if the charge is a felony offense and even if you are a repeat offender.

However, you must act swiftly. Each day that passes is another day that the prosecutor's office is working to build a case against you, and you deserve the same aggressive representation working diligently to prove your innocence. Contact a gun lawyer as soon as possible to review the facts surrounding your case and to begin forming your defense.