Like every state, Florida has laws that regulate who may possess guns and how they may carry guns, and where they can carry guns. One typical example is the law requiring individuals to apply and qualify for a concealed carry permit before they may carry a concealed firearm. A Deerfield Beach gun Lawyer may be able to help defend you against allegations that you have violated any state gun laws and work toward a better resolution in your case.
While avoiding an arrest on a gun offense is preferable, a criminal Lawyer is the person to call as quickly as possible following an arrest. Without legal counsel to guide your words and action, you risk worsening your situation and inadvertently incriminating yourself. To learn more, or to begin building a defense for yourself, schedule a consultation with one of our professional Attorneys at Leifert & Leifert today.
Carrying Concealed Firearms in Deerfield Beach
Fla. Stat. § 790.01 requires individuals to have a concealed carry permit (CCP) to carry a concealed firearm. While unlawfully carrying a concealed knife or other weapon is a Misdemeanor offense, carrying a concealed firearm without a proper CCP is a third-degree Felony offense. A conviction for this offense can result in a prison sentence of up to five years and a $5,000 fine.
However, as a Deerfield Beach gun Lawyer may advise, adults over the age of 18 may transport firearms without a CCP if they are “securely encased.” Typically, this means guns that are enclosed in a locked gun box, snapped into a holster, or enclosed in a zipped-up gun bag or similar container. The individuals should also be unable to access the guns while they are transporting them. If adults have a CCP, they can carry guns in any manner, even if they remain on their persons.
Possession of Firearms Charges
Under Fla. Stat. § 790.53, individuals generally may not openly carry firearms. However, if they have a CCP and are not intentionally displaying the gun in a haphazard and angry or threatening manner, they are acting within the realm of the law. Violating the open carry prohibition is a second-degree Misdemeanor that can result in a jail sentence of up to 60 days and a fine of $500.
Specific individuals may also not possess firearms at any time. Florida Statute § 790.06 prohibits individuals from possessing firearms legally if they are under age 21, have physical infirmities that prevent them from safely operating guns, or convicted of Felonies. A conviction for domestic violence, even if it is a Misdemeanor offense, or for crimes involving controlled substances within the past three years, also can prohibit individuals from possessing firearms. Other people who may not possess firearms include those who are:
- Adjudicated as incapacitated or committed to a mental institution
- Currently subject to domestic violence restraining or protective orders
- Habitual users of alcohol or drugs, such as those deemed habitual offenders
Likewise, individuals may not possess guns in some locations, although some exceptions exist for classes of people like Law Enforcement officers. Whether they have CCPs or not, individuals may not possess firearms in Law Enforcement agencies, detention facilities, Courthouses, polling places, and any locations of state or local governmental entity meetings. Other gun-restricted sites include school and college buildings, school events, professional athletic events, bars, and passenger terminals inside airports. Contacting a gun Attorney in Deerfield Beach may be highly beneficial for individuals facing criminal charges related to the possession of firearms.
Contact a Deerfield Beach Gun Attorney Today
In addition to the many criminal charges that you can face for unlawfully possessing a firearm, the presence of a firearm during the commission of other crimes can substantially affect the penalties that you receive. Any criminal charges that involve firearms can have harsh results, whether they are firearms offenses or crimes unrelated to firearms laws. A Deerfield Beach gun Lawyer can be instrumental in defending you against the severe consequences of a criminal firearms conviction.
Even if no bodily harm occurs to others or you never fire the gun, you still can face serious criminal charges. To avoid or minimize these potential penalties, you should not hesitate to contact one of our Attorneys at Leifert & Leifert for advice regarding your situation.