GMV Law Group Will Defend and Protect Your Rights
An experienced criminal defense attorney at GMV Law Group can help you if you or someone you love is facing criminal charges where a firearm or weapon was involved.
Firearm and Weapon Crimes and Charges
In Florida, criminal charges involving firearms and weapons are serious offenses and often carry lengthy prison sentences. With the right documentation and licensing, it is lawful to own or possess a firearm. However, if there is any issue with your documentation or licensing, you could be exposed to incarceration. In Florida, the legislature has enacted laws that place higher prison sentences on crimes that involve a gun, in an effort to deter the use of firearms in the commission of crimes.
Defendants charged with committing or attempting to commit a felony while in possession of a firearm are looking at mandatory minimum prison sentences that begin at three years in Florida State Prison, and go up from there. If a gun was fired during the commission of a crime, a defendant is facing a twenty-year mandatory minimum. If someone is injured or killed with a gun while a crime is being committed, a defendant is facing a twenty-five-year mandatory minimum Florida State Prison sentence.
Illegal Firearm and Weapon Possession
Illegal possession of a firearm or weapon in Florida also comes with severe consequences. Laws involving weapon possession are strict and Florida courts are not lenient or very forgiving. The following laws apply to firearm possession in Florida:
- Any person who has any type of history of substance abuse is a vagrant, or who is mentally incompetent cannot possess a firearm.
- Any person who is subject to a domestic violence charge or an active injunction cannot possess a firearm.
- Unless their civil rights have been restored, no convicted felon may possess a firearm.
- No one fifteen years of age or younger can possess a firearm, unless it is unloaded, at a personal residence, and they are under the direct supervision of a guardian or parent.
Florida Concealed Firearms
Carrying a concealed firearm can be charged with a third-degree felony. If convicted, a defendant can be sentenced to up to five years in prison and a $5,000 fine. However, under certain circumstances, an individual can legally carry a concealed firearm. For instance, if a person is licensed to carry a concealed firearm they can carry one on their person. Additionally, this charge does not apply to self-defense tools, such as a stun-gun or pepper spray.
A “concealed firearm” means any firearm, which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
A “firearm” means any weapon (including a starter gun) which is designed to, and will or may be converted to, expel a projectile by explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. An antique firearm is not “firearm” unless the antique firearm is used in the commission of a crime.
A concealed firearm is often:
- Inside a person’s pocket
- Inside a belt holster that is hidden under or inside a jacket
- Hidden under clothes or tucked into a belt
- In a holster that is out of plain sight
- Inside a purse or bag a person is carrying
If you are charged with possessing a concealed firearm, it is extremely important that you seek representation from an experienced and skilled lawyer who will review your particular case and charges. They will then sit down with you and discuss your case and advise you as to the best and most effective course of action. You have rights both before and after being arrested or charged. Let us protect your rights. Make it our job to uphold your rights and make the law work for you.
If you or a loved one has been arrested or charged with carrying a concealed weapon, call us today.