As with any criminal case, there may be potential defenses to the gun charges you are facing. To improve your chances of avoiding a conviction or getting the gun charges against you reduced, it is imperative that you work with an experienced and aggressive local attorney.
A Boca Raton gun lawyer may have in-depth knowledge of Florida’s complicated firearm laws and can help you fight for the best result possible in your case. If you have been charged with a gun offense, speak with a skilled criminal defense attorney that can advocate for you. En Español.
Florida Gun Regulations
The right to keep and bear arms is guaranteed by the Second Amendment of the U.S. Constitution, but it is not without limitations. In fact, individual gun ownership is restricted by a vast array of federal and state laws. Like every other state in the country, Florida has established laws regulating the use, purchase, possession, carrying, and storage of firearms.
In order to legally carry a concealed firearm in Florida, an individual must have a license issued by the Department of Agriculture and Consumer Services (DACS) pursuant to Florida Statutes Section 790.06. A concealed firearm is a gun carried on or about a person in a manner that obscures it from the ordinary sight of another.
The DACS must issue a concealed carry license to applicants that meet the statutory eligibility requirements. Florida honors the concealed carry permits/licenses of other states provided the individual is at least 21 years of age, has the permit/license in their immediate possession, and is a resident of the United States.
Common Firearm Offenses
Firearm offenses are defined in Chapter 790 of the Florida Statutes. Some of the most commonly charged firearm offenses are:
- Carrying a concealed weapon without a license
- Improper exhibition of dangerous firearms
- Discharging a firearm in public or on a residential property
- Carrying a concealed firearm or openly carrying a handgun in a location prohibited under Florida or federal law
- Unsafe storage of a firearm that results in a minor (under 16 years of age) gaining access to the firearm
- Openly carrying a firearm on or about one’s person (with some limited exceptions)
- Possession of a firearm by a convicted felon
These and other firearm offenses have their own distinct elements and the penalties vary considerably depending on the specific crime charged. For example, a convicted felon found to be in actual possession of a firearm will be facing a mandatory minimum sentence of three years in prison. A Boca Raton gun lawyer can work to mitigate the penalties that an individual may face.
Potential Firearm Enhancements
In addition to Chapter 790 firearm offenses, Florida has firearm enhancements, which increases the punishment for certain crimes that are committed with the possession or use of a gun. The primary firearm enhancement law in Florida is 10-20-Life.
Under 10-20-Life, courts are required to impose minimum sentences of 10 years, 20 years, or 25 years to life for certain felony offenses involving the possession or discharge of a firearm regardless of whether the use of a weapon is an element of the crime.
Examples of felony offenses subject to mandatory minimum sentences under 10-20-Life include, but are not limited to:
- Aggravated child abuse
- Sexual battery
- Aggravated battery
Working with a Boca Raton Gun Attorney
A Boca Raton gun lawyer can develop a customized defense strategy for you. An experienced attorney will understand that no two cases are the same. If you have been charged with a gun offense, a qualified lawyer can look at the facts of your case, and work towards a positive outcome for you. Speak with a skilled attorney that will work tirelessly to build your case.