The right to own firearms is one of the basic civil rights provided in the United States Constitution. Recently, many States enacted laws that limit the ability of people to purchase and use these weapons. Just because a person has legally purchased a firearm, it does not mean they can bring them anywhere.
Florida Law specifically limits where a person can bring a firearm. It also limits when a person can carry a concealed firearm. A violation of the proper ownership of a firearm can range in severity from a civil fine to a Felony. However, any firearm, even if legally owned, can be illegally used.
The use of a firearm during any other criminal offense is an aggravating factor that makes the crime much more serious. In addition, simply having a gun during the commission of a Felony is in and of itself an additional crime. Palm Beach Gardens Gun Defense Lawyers are dedicated to defending the rights of gun owners. Established criminal attorneys seek to demonstrate that the accused individuals were the proper owners of legally possessed and utilized firearms.
When is it Legal to Own a Firearm in Palm Beach Gardens?
Florida Law creates a presumption that people have the right to own firearms. There is no permitting requirement for any person to own firearms within their home. There is also no statewide database listing the owners of firearms. The one exception to this is the requirement that people who wish to conceal carry a handgun must first obtain a license.
According to Florida Statute 790.06, there is a presumption that this license will be issued to all people who apply. The police have the right to ask carriers to produce a license on demand. However, a violation of this statute is only a civil violation punishable by a fine of $25.
As a Palm Beach Gardens Gun Defense Lawyer knows, there are some limits on gun ownership. Some firearms are never legal to own. The possession of any short-barreled rifle, shotgun, or machine gun is outright illegal. A violation here is a Second-Degree Felony.
Florida law also limits where a person may bring a firearm. It is a crime for people to bring any weapon, including a firearm, onto school grounds. A violation here is a Felony of the Third Degree. In sum, the possession of firearms is only lightly limited by Florida Law. However, if people have illegal firearms, or bring firearms where they are not allowed, they may face harsh penalties.
Guns as an Aggravating Factor
The presence of a firearm at the scene of a Felony is a crime in and of itself. Florida Statute 790.07 states that any person who uses a firearm during the commission of another Felony may face charges of a Felony of the Second-Degree. This charge is levied in addition to any charges issued from the underlying crime. For example, a person may face charges of aggravated assault while using a handgun.
Not only will this person face charges of a Felony of the Third-Degree for the assault but will also face charges of a Felony of the Second-Degree due to the use of a firearm during the commission of another Felony. The presence of a firearm at a crime scene is therefore both an aggravating factor in many crimes, and a crime on its own.
Palm Beach Gardens Gun Lawyers Protect Peoples’ Rights
Florida’s gun laws are among the most permissive in the county. There are limits to what firearms a person may legally own and where they may bring them. Palm Beach Gardens Gun Defense Lawyers defend individuals facing allegations of breaking Florida’s gun laws.
In addition, the use of a firearm during the commission of a Felony is both an aggravating factor to that Felony and an additional charge in and of itself. Our team works to defend individuals against all criminal charges that involve the use of a gun.