Gun laws in Florida are complex and upon first review are contradictory. While the Constitution of the United States provides the right of individuals to possess arms, each state in the Union has its own laws that expand or contract from the Amendment. Thus, there is a lot of misinformation and confusion regarding gun ownership.
A West Palm Beach gun lawyer could help you navigate both firearm purchase and possession laws to protect your rights both inside and outside of the state. Keep in mind, however, that it is your responsibility to know the rules and regulations regarding gun sales and possessions in your state and any state you visit. Contact an experienced defense attorney today.
Possession and Sales Gun Laws
In this state, it is legal to carry a concealed weapon or firearm if the person is over the age of 21 and has obtained a valid state license to carry a concealed gun. These gun laws apply to all residents in Florida as well as visitors who are residents of the United States. While state firearm laws can be permissive, there are still some rules and regulations that limit gun ownership by weapon type and criminal history of the person. Some are as follows:
- No state permit is required to possess or purchase a rifle, shotgun, or handgun.
- Felons are not able to purchase or possess firearms until their civil rights are restored.
- Carrying an open firearm, or on display, is not lawful.
- It is both unlawful to purchase and possess a machine gun.
Our attorneys in West Palm Beach could explain and protect a person’s gun rights as they are defined by state law.
When to Retain a Gun Attorney
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (AFT) is a law enforcement government agency that ranks Florida third in the nation in stolen guns recovered in crimes after Texas and California.
Any possession or sale of firearms without the requisite permit is a violation of state criminal law. People should seek a West Palm Beach attorney for the following types of gun proceedings:
- Criminal defense for firearm sale or possession charges;
- Restoration of gun rights, if gun rights revoked
- Overcome firearm purchase denials
- Refusal by law enforcement to return firearms seized at the point of arrest or during execution of a search warrant; or
- Right to carry firearm application or permits.
Additionally, state law permits individuals to use deadly force to stop someone from attacking them in a place where they have a legal right to be as well as if they fear for their safety or life. This law, known as the Stand Your Ground law, also protects any loved ones if their life or personal safety is threatened. If someone’s gun rights under this law are being infringed upon, they should contact a lawyer in West Palm Beach.
Penalties for Firearm Offenses
The penalties that a Defendant may face for a gun crime depend on the exact offense and facts surrounding the case. For misdemeanor firearm offenses, a person could face up to a $1000 as well as jail time, ranging from 60 days to one year. Additionally, for felony weapons crimes, a person could receive a fine ranging from $5000 to $10,000 as well as five to 15 years in jail. Certain situations could also elevate some offenses. For instance, if a person accidentally discharged a weapon while in a school zone, this could elevate the charge from a misdemeanor to a felony.
If someone who has previously been convicted of a felony is found to be in possession of a weapon, this could be charged as a second-degree felony as opposed to a lesser offense. Because the penalties for any gun crime can be harsh, it is important to retain a skilled and knowledgeable West Palm Beach attorney when charged with these offenses. Our team could help someone avoid or minimize the potential penalties they may receive.
Contact a West Palm Beach Gun Attorney Today
If you have any questions about state firearm laws or have been arrested under a weapons or firearm violation, contact West Palm Beach gun lawyer today for your case evaluation. Gun laws vary from state-to-state. Make sure you are aware of your rights to travel with any firearms, prior to leaving on your journey. An attorney at Leifert & Leifert is available to discuss your gun charges immediately. Call us today to schedule a free consultation.