(561)988-8000 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.
Gun charges in Palm Beach Gardens often arise quickly and with little warning. A routine traffic stop, a misunderstanding during a police encounter, or allegations tied to another criminal investigation can suddenly place a firearm under scrutiny. When this happens, the State may pursue serious charges that carry long-term consequences. Early involvement from Leifert & Leifert allows our lawyers to assess the circumstances, protect your rights, and work toward the best result possible for you.
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.
Penalties and Mandatory Minimum Sentences for Gun Charges
Gun-related offenses in Florida can carry severe penalties, particularly when classified as Felonies. Depending on the charge, a conviction may expose a Defendant to incarceration in State Prison, substantial fines, and a permanent criminal record. Some firearm offenses trigger mandatory minimum sentences, meaning the Court has limited discretion at sentencing. These laws are often enforced aggressively, especially when a firearm is alleged to be connected to another criminal offense. Understanding the specific penalties associated with a gun charge is critical, as even a single conviction may carry consequences that extend far beyond the courtroom. Our gun attorneys in Palm Beach Gardens help clients understand this exposure and the legal options available at each stage of the case.
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.
Possible Legal Defenses in Gun Cases
Every gun charge depends on the specific facts alleged by the State. A defense attorney may examine whether the firearm was lawfully owned, whether it was actually possessed by the Defendant, and whether Law Enforcement Officers followed proper procedures during the investigation. In some cases, the issue centers on whether a firearm was accessible or under the Defendant’s control. In others, the focus may be on whether the alleged conduct meets the legal definition required for a Felony charge. At Leifert & Leifert, our Palm Beach Gardens lawyers carefully evaluate the evidence, identify weaknesses in the Prosecution’s case, and can fight on your behalf to challenge improper gun charges or unsupported allegations.
Early legal guidance can also help ensure that constitutional protections are enforced. Searches, seizures, and traffic stops must comply with established legal standards. When those standards are not met, certain evidence may be subject to challenge. Our firm works to protect clients from overbroad enforcement and to ensure that firearm laws are applied fairly and lawfully.
Additionally, a defense attorney may explore whether the State has correctly applied definitions in the Florida Statutes to the specific factual circumstances of your case. For example, the statutory definition of “possession” may require that the firearm was intentionally held or under immediate control of the Defendant. Where evidence suggests that a firearm was not actually accessible or that the accused had lawful justification for possessing the weapon, these issues can form the basis of a viable defense. Moreover, allegations tied to transport, storage, or lawful self-defense can significantly affect how a case is evaluated. Our attorneys are trained to look beyond surface allegations to identify legal arguments and factual disputes that may lead to reduced exposure or even case dismissal. We also focus on negotiating with the Prosecution when appropriate and challenging overbroad interpretations of firearm statutes that could unfairly expand the State’s case against you.
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.
Speak With a Leifert & Leifert Attorney About a Palm Beach Gardens Gun Charge
If you are facing gun-related charges in Palm Beach Gardens, it is important to act quickly. Leifert & Leifert offers a free initial consultation and case review so you can understand your options and potential exposure. Our lawyers can fight on your behalf and work toward the best result possible for you. Contact Leifert & Leifert today to discuss your case with an experienced Palm Beach Gardens gun lawyer.
