Citizens of the United States have the right to own and bear firearms under the Second Amendment of the Constitution. However, along with that right, citizens are expected to possess and carry those firearms in a responsible and reasonable manner.
For this reason, nearly all states have additional laws regarding gun and firearm ownership, possession and use and Florida is no different. If you have been arrested, accused, or charged with violating any one of Florida’s gun laws, speak to a Ft. Lauderdale gun lawyer right away. A dedicated defense lawyer is essential help in building your defense. En Español.
What are the Licensing, Carrying, and Concealed Firearm Laws?
In Florida, it is generally unlawful for an individual to openly carry on or about his or her person any firearm. See Florida Statutes section 790.053. However, persons may lawfully and briefly openly carry a firearm so long as the individual carrying it has a valid license to carry a concealed firearm and provided the firearm is not displayed in an angry or threatening manner (not in necessary self-defense). Individuals may lawfully openly carry a chemical spray or nonlethal stun gun or other nonlethal weapon or device that is designed solely for defensive purposes. Open carry of a firearm is permitted while hunting, fishing, camping, at gun shows, or while legally shooting and going to and from such activities. Openly carrying a firearm or weapon is considered a second-degree misdemeanor in Florida.
Individuals in Florida may carry a concealed firearm or weapon if they have a license to do so. In the context of law, ‘concealed’ refers to the weapon being carried in such a way that another person would not ordinarily be able to see the weapon. See Florida Statutes section 790.06.
Even when an individual has a license to carry a concealed firearm, they cannot intentionally display it in an angry or threatening manner (unless for self-defense).
An individual may carry a concealed firearm in their vehicle when the firearm is not readily accessible or available for use.
Carrying a concealed firearm or weapon without a proper license to do so is considered a serious offense in Florida. First-time offenders could be charged with a third-degree felony, and those with a past history of violent crimes could face even more severe consequences making it important that a Ft. Lauderdale firearm lawyer is consulted.
When Rights are Revoked
While the United States Constitution does give citizens the right to bear arms, in the state of Florida, those rights can sometimes be revoked. Some of those instances include:
- Individuals that have past state felony convictions
- Individuals that have committed a federal felony
- Individuals that committed a crime in another state that would have been considered a felony in Florida
- Individuals that were adjudicated of a crime committed when they were a minor that would have been a felony if tried as an adult
If individuals have already found themselves in one of these situations and have had their right to bear arms revoked, and was then arrested for a weapons charge, they could be facing a second-degree felony charge of Possession of a firearm by a convicted felon.
These charges are very serious and those charged with these crimes should contact a Ft. Lauderdale gun attorney right away.
What are the Consequences of Using a Firearm to Commit a Crime?
When a firearm is carried and held or wielded in a threatening or angry manner, the individual holding the weapon can be charged with a crime. However, when a firearm or other deadly weapon is used in conjunction with another crime being committed, the crime can be considered a more serious offense, an ‘aggravated’ offense.
Aggravated offenses are automatically considered to be much more serious crimes, with many being second and third-degree felonies. And the penalties for these crimes can be as severe as life in prison.
Can Gun Charges Be Dropped in Ft Lauderdale?
It is very rare for the State of Florida drops a gun charge against someone. In cases where charges have been dropped, the State is usually acknowledging that they do not have sufficient evidence to prove the charge. A defense attorney could also file a motion for dismissal if they believe there is no evidence tying the defendant to the charge. However, if the State has irrefutable evidence that the defendant has some type of involvement in a gun offense, it is expected that they will make sure a guilty verdict is handed against the defendant.
How a Ft. Lauderdale Gun Attorney Can Help
Individuals that have been charged with firearms offenses may be facing serious consequences, but there are defenses to these charges. In some cases, a Ft. Lauderdale gun lawyer can have charges reduced or when rights have been violated, dismissed altogether.
If you or a loved one has been charged with gun or weapon charges, there is help available. Call an experienced and professional attorney today.